family psychology 

Conducting in-person absentee voting of owners. General meeting of owners and absentee voting of homeowners

HOA, as a form of management of MKD, is relevant today. Its functions are quite extensive, including the ability to immediately hold several forms of meetings. As a rule, the full-time form is carried out first, and then the correspondence form. You cannot change this sequence. All acts adopted by the HOA must be open for viewing.

The difference between the forms of voting

According to federal regulations, if the HOA was chosen as a way to manage the MKD, then all decisions made as part of the general meeting should take place in several forms:

  • open voting;
  • semi-closed will.

If the internal-absentee form is used, then in this case some owners may not be directly at the meeting for one reason or another. To clarify their decision on the agenda, an additional personal survey is conducted, where their opinion is clarified.

The decision of the general meeting can also be delivered to their home.

Order of conduct

It seems possible to distinguish several stages in this form:

  1. Preparatory.

At this stage, a document marking the agenda is being drawn up. It indicates the issues to be voted on, the place of voting, the responsible person and other most important housing aspects.

  1. The direct process of filing and counting votes.

When choosing a part-time form of voting, it should be borne in mind that it is advisable to use it in situations where it is necessary to gain at least two-thirds of the votes or a quorum. As a rule, such a need arises when determining the housing and communal management scheme, clarifying financial issues, etc. In-person voting is conducted in an open way, in accordance with federal state legislation. To do this, the votes of those present at a certain address at a certain time are counted.
Correspondence is held, as a rule, after the full-time. This is a kind of poll. Also, at such a vote, citizens must be notified of the decision made as part of an open poll.

  1. Formulation of results.

The results of in-person and absentee voting are documented in a document that must be in the public domain. It indicates the number of participants, the acts adopted during the questionnaire, establishes organizational issues and marks the responsible initiator of the plebiscite. Also, this document should reflect the number of voters both "FOR" and "AGAINST" a particular issue that was put on the agenda.

Organizational issue in the face-to-face form of holding

Since the in-person form is rather specific, the norm of the agenda published before the meeting must indicate the regulation of its holding, during which date the in-person and part-time parts will be held and other significant issues. All this is necessary in order for the meeting to be recognized as legal and held in accordance with the legislation of Russia.

Deadlines for absentee voting in an apartment building

The main regulatory legal act regulating the activities of the HOA is the Housing Code of the Russian Federation. It is there that all the essential aspects of the meetings are reflected. A significant omission in modern law is that it does not define a date in the form of initial and final dates for conducting absentee voting.

Based on the general meaning of civil legislation, it should take place within a reasonable time. As a rule, in the notice of the meeting, the date of receipt by the authorized body of the ballots required from the residents.

Is it possible to conduct absentee voting without holding an in-person

This possibility is allowed in accordance with Russian legislation. Absentee voting, as an independent form of holding a general meeting of owners, can be implemented, as a rule, on minor organizational issues, for which, in accordance with the law or the charter of the organization, more than half of the votes of the residents are not required. As a rule, such meetings in the household of tenants are rare. This is due to the fact that in the future they can easily be challenged in court.

Registration of results

When implementing the HOA policy in the form of in-person, absentee, or both of these forms of voting, the executive body of the cooperative, at the end of the vote count, issues a special act called a protocol. It reflects:

  • in what area of ​​activity of the HOA the question was accepted
  • what decision was made when they are to be developed;
  • whether several forms of voting took place in parallel;
  • what was the participation, the voting procedure, etc.

This act is signed by the chairman of the HOA.

In that situation, if it reflected false information or it affects the rights and legitimate interests of other persons, it can be appealed both to the HOA itself and to the state authority that controls and supervises the housing and communal sector.

Minutes of the general meeting of owners in person and in absentia: sample

The protocol is a written act, which must necessarily reflect:

  1. The name of the body that held this meeting, its full company name and legal address.
  2. Date of announcement of the agenda.
  3. What was the vote on?
  4. What theses and proposals were expressed by the tenants.
  5. The order and terms of both internal and external parts.
  6. The number of votes of residents.
  7. Acts adopted during the meeting.
  8. Date of the protocol and signature of the authorized person.

Sample decision of the owner in case of in-person voting

In a situation where there was not an ordinary, but a part-time vote, the owner, who does not participate in an open form, may express his decision in writing. It must necessarily indicate on which issue he is sending his answer, his place of residence, last name, first name and patronymic, as well as the date of signing the act.

Sample decision ⇐

Not later than ten days from the moment of holding a direct meeting, bodies with special competence must fulfill their obligation to notify citizens living in an apartment building of the voting results. All protocols and acts must be in the public domain! For example, on the website of the organization or at the information stand.

For refusal to provide the requested information, the perpetrators may be held administratively liable. If a fraudulent component is detected, criminal liability may also arise.

Thus, the law allows for the possibility of making decisions in two parts - in-person and in absentia at the same time. In both cases, the adoption of decisions must take place in the manner and according to the rules provided for by the current Russian legislation.

All homeowners take part in their management. Some issues can only be resolved by the residents of the house at a general annual or extraordinary meeting. For its implementation, the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation, Code) establishes a certain procedure.

Not all tenants are ready to attend the meeting in person, therefore, the possibility of remote participation in the event is provided. In fact, residents vote on agenda items, and then pass their decisions to an authorized person. We will discuss further about the rules by which an absentee meeting of the owners of an apartment building (hereinafter - MKD) is held.

The initiators of the meeting notify all other owners of the meeting

Homeowners in MKD can independently choose the voting procedure and make decisions at the meeting. The Code provides for only three options for voting:

  • full-time;
  • in absentia;
  • mixed (full-time).

Persons wishing to gather the residents of the house to address issues of managing it must decide on the form of the meeting, the date of its holding, and the agenda. Then the initiators of the meeting notify all other owners of the premises in the house of its holding. This should be done no later than ten days before the date of collection.

Must be in writing. There is no single form for this document, but the following data is required to be included in it:

  1. Information about the initiators of this meeting.
  2. The form of its implementation.
  3. Date, specific time and place of this meeting. With the absentee method, the time until which you need to provide your votes is indicated, as well as the place for collecting votes from all owners of MKD.
  4. agenda for this meeting. At the same time, after the notification has been sent to the residents of the house, its content cannot be changed. Decision-making on issues not included in the agenda is not allowed.
  5. The procedure, place and time of familiarization with the materials (information) that relate to the issues discussed at the meeting.

Notification can also be sent in several ways. One of them is sending the document by registered mail with notification. It can also be handed over to the owners in the MKD against signature. Residents of the house can also install others to notify of an upcoming meeting. For example, placing on an information stand inside or outside the house. The main thing is that this information is available to all residents.

Eligibility of the meeting

All owners in the MKD are required to notify of the upcoming meeting, however, it does not require one hundred percent attendance or the vote of all residents to hold it. The competence of the decisions of the meeting depends on the presence (absence) of a quorum.

The quorum is reached if the voting (in person or through representatives) is attended by owners whose number of votes exceeds 50 (fifty) percent of their total number. If we are talking about the annual final meeting, then the absence of a quorum entails its re-convening.

Decisions on absentee voting

Usually on OS are accepted in the presence of a quorum (50% of votes). Some issues require more votes (2/3 of the total). In case of absentee voting, all tenants, in addition to the notification, are also given a decision form to fill out.

After filling, it must be transferred within the prescribed period to the place specified by the notification. If the form is not filled out by the tenant himself, then a power of attorney or other document confirming the authority to sign it must be attached to it.

Requirements for the decision of residents of MKD

Usually, written forms are provided for expressing opinions on meeting matters. In them, all owners indicate information about themselves, the premises they occupy, and the decisions made. The document must also be dated and signed.

Forms (ballots) should be filled in according to the rules adopted in this MKD. Most often, they themselves indicate the order in which they express their opinion. All questions can be presented in a table in which you need to put a tick (another sign) in the appropriate column.

Usually the ballots contain such answer options as “for”, “against”, “abstained”. To the completed form, it is required to attach documents proving the identity of the tenant, his rights to the occupied premises. When signing the form by another person, you must confirm his authority.

Copies of the decisions taken, protocols must be sent to the Criminal Code, or ZhSK within ten days from the date of the meeting. Copies of these documents must also be stored in a place designated for these purposes by the owners. If desired, they have the right to study all the owners in the MKD,

Voting held in absentia does not require the personal presence of the residents of the house. It can be carried out in the usual way or electronically. In the first case, voting is carried out in the form of a poll. All tenants are provided with forms to indicate their opinion on the announced agenda.

These forms are filled out and handed over to the person who is authorized to collect them. Typically, the document indicates by what time a decision must be made and its results reported. In this case, not only the date, but also the time of transmission of the document is indicated.

When conducting the voting procedure using automated systems, there are some features. You must select the person who will be the administrator of the meeting. It must be notified of the upcoming meeting two weeks in advance.

Further, the administrator, ten days before the date of its holding, places a notice of holding an absentee meeting. Decisions can be made by owners in electronic form or by filling out a form. holding such a vote is from three to five days.

Voting results

After receiving the completed forms or answers in electronic form, the summing up begins. The calculations are carried out by a special commission, the composition of which must be determined by the residents of the house. When summing up, it is important to study all the forms.

In this case, the following points should be established:

  • the number of all completed forms;
  • the number of all residents of the MKD;
  • the correctness of filling out the provided form;
  • the presence of the necessary quorum;
  • the correctness of all procedures of the meeting.

If filled incorrectly or not filled out completely, then such a vote cannot be accepted. A form submitted later than the deadline cannot be taken into account. The votes of the persons filling it out are not counted.

The results of the meeting are communicated to all residents. If they wish, they can familiarize themselves with the formalized decision, the minutes of the meeting and the results of the calculations. After all, copies of documents should be stored in the place established for this.

If violations are committed on one of the issues during the voting in the form, this does not entail automatic invalidation of the remaining points. Therefore, different numbers of votes can be counted on different issues.

Registration of decisions taken in absentia

After summing up, all valid OS decisions made must be formalized. All decisions made are recorded in a written document. Its role is played by the minutes of the meeting.

This document should include the following information:

  • name, date, specific and place of the OS;
  • initiators of its convocation;
  • the number of participants present (voting);
  • secretary and chairman of the meeting;
  • issues put to vote;
  • the presence (or absence) of the required quorum;
  • the results of the voting;
  • decisions made on the OS;
  • signatures of the secretary, as well as the chairman of the OS.

The original protocol is kept in a place designated by the tenants. A copy of it must be sent within five days to the Criminal Code, HOA or ZhSK. These organizations, in turn, must transfer a copy of this document to the housing supervisory authorities.

The protocol will be kept there for the next three years. Decisions approved by the OS are binding on persons owning property in the MKD. This rule applies even if they did not participate in the OS.

Conclusion

Residents who own apartments (other premises) in the MKD must carry out the house. All decisions must be made in a special manner in compliance with the requirements of the LC RF. The OS can be held by absentee decision-making on agenda items.

The results of the OS carried out are documented in a written protocol. Decisions are considered valid if there are enough voters. They are mandatory for all residents of MKD, even those who did not vote at all.

On the general meeting of owners of premises in the MKD.

General meeting of owners of premises in MKD, according to part 1 of article 44 of the Housing Code of the Russian Federation, it is recognized as the governing body of the house. The general meeting is held so that the management company, together with homeowners, can discuss a number of topical issues and agenda problems by voting and making decisions.

The general meeting of homeowners can be held in three forms (Article 44.1 of the Housing Code of the Russian Federation):

· in-person voting- using the GIS system for housing and communal services (part 3, article 47 of the RF LC). The decision to use the GIS housing and communal services when conducting the OSS in the form of absentee voting is made by the general meeting of the owners of the premises (clause 3.2, part 2, article 44, part 1, article 47.1 of the RF LC).

When and for what it is necessary to carry out OSS in the form face-to-face voting of owners? After all, there are separate forms of in-person and absentee voting for this. The thing is that both of these forms do not always bring results, because often there is simply no quorum for making important decisions at a general meeting of homeowners.

In-person and absentee voting combines both forms of holding the OSS and allows you to discuss the agenda items in person and make decisions on them, as well as transfer the decisions of homeowners by absentee voting within the prescribed period to the address specified in the notice of the event (part 3 article 47 of the LC RF). Read more about this in our article.

This is convenient because if the quorum for making decisions on the issues put on the agenda is not reached at the absentee part of the voting, then it can be reached by absentee voting. Particularly relevant face-to-face voting of homeowners when considering agenda items that require decisions to be made by 2/3 of the votes of the owners of premises in the MKD (parts 1-3.1, 3.2-3.5, article 44 of the LC RF). For example, these may be financial issues related to lending or the need to revise tariffs, landscaping the local area.

Step-by-step instructions for conducting OSS in

Any OSS begins with the announcement of the event and the convening of homeowners for it. We also remind you that it is obligatory in the second quarter of each year annual general meeting(Part 1, Article 45 of the LC RF). In addition to it, at the initiative of the management company, homeowners or an initiative group, extraordinary OSS can be assembled in the MKD (parts 2, 6 and 7 of article 45, as well as clause 8 of article 148 of the LC RF).

Formulate the agenda of the OSS, decide on the form of voting (in-person, absentee or part-time). At in-person voting the agenda should be the same for both forms.

To conduct in-person or part-time voting, select the time and place of the OCC to discuss issues. Prepare an information message on holding a general meeting of homeowners (Order of the Ministry of Construction No. 411 / pr dated 07/31/2014). You will also need forms OSS protocol, register of owners of premises in this MKD, forms of decisions on agenda items.

You must notify each owner of the premises in this apartment building by means of a written notice against signature, sending a registered letter to his address or placing it on an information board in a place accessible to all residents 10 days before the date of the general meeting (part 4 of article 45 of the LC RF ).

The notice of the GMS must contain complete and reliable information about the initiator of the general meeting, the form of voting, the date, place and time of the event. The notification must also contain, without fail, the agenda items, the procedure for familiarizing participants with the information and materials that will be presented at the event. When holding a general meeting in form of absentee voting in the message, in addition, it will be necessary to indicate the deadline for accepting decisions of homeowners, the place or address where these decisions should be sent (part 5 of article 45 of the RF LC). one

When conducting the OSS in the form of in-person and absentee voting using GIS housing and communal services in the notification, it is additionally necessary to indicate information about the OSS administrator (name - for legal entities and full name - for individuals). In addition, the place and actual address, the date and time of the start and end of voting, the procedure and procedure for the reception by the administrator of the OSS of written decisions of homeowners on agenda items (part 4 of article 47.1 of the RF LC) are indicated.

Full-time voting by homeowners involves both in-person and absentee voting, therefore, in the notice of the general meeting, it is necessary to indicate 2 dates: the start of in-person voting and the time until which decisions are made by owners voting in absentia. Both dates are scheduled 10 days before homeowners receive notifications.

The sequence of the in-person and part-time parts of the in-person voting is not defined, so both forms can be carried out both sequentially and in parallel, or even one form can be “inside” the other. The latter option is possible if the start date for the acceptance of absentee decisions is set earlier than the time of the in-person meeting, and the end date for the acceptance of absentee decisions, respectively, is later than the date of the in-person meeting.

When holding a general meeting in form of absentee voting, the participants should be given the opportunity to discuss the issues on the agenda and return the voting forms within the prescribed period to the place or address specified in the notification (Part 3, Article 47 of the RF LC).

Voting using the GIS housing and communal services is carried out by the owners of the premises in the MKD in person, indicating the decision on each issue of the agenda in electronic form. It is also possible to transfer the decision to the OSS administrator in writing before the date and time of the end of voting (part 6 of article 47.1 of the RF Civil Code).

Decisions of the OSS on agenda items are made by a majority vote of the total number of homeowners participating in the meeting (part 1, article 46 of the LC RF). The exception is decisions that are made by a majority of at least 2/3 of the total number of owners of premises in the MKD (clauses 1 - 3.1, part 2, article 44, part 1, article 46 of the LC RF).

The decision of the OSS is drawn up in a protocol (part 1 of article 46 of the RF LC). In the case of an in-person meeting, the in-person and absentee votes are summed up, so the minutes of the OSS are drawn up one. Solutions and OSS protocol are official documents certifying the facts, entailing legal consequences for the owners of premises in the MKD in the form of obligations to maintain common property in this house. All decisions and minutes of the OSS must be posted in the GIS housing and communal services by the initiator of the meeting.

The minutes of the OSS must contain the date, place and time of the general meeting and summarizing the results, the agenda, the presence of a quorum, the number of votes “For”, “Against” and “Abstained” for each issue. So far, there is no approved protocol form, but there is a draft Order of the Ministry of Construction on the preparation of OSS protocols.

The minutes of the OSS are signed by the chairman and secretary of the general meeting, as well as members of the counting commission (clause 22 section 6, clause 15 section 7 of the Methodological recommendations approved by Order of the Ministry of Construction of the Russian Federation No. 411 / pr dated July 31, 2014).

· information about the document confirming the ownership of the apartment/room in the MKD of the voting participant;

· Decisions on each item on the agenda: "for", "against" and "abstained".

The initiator of the general meeting must provide copies of the decisions and minutes of the OSS to his management company within 10 days after the event (part 1 of article 46 of the LC RF).

Decisions of the general meeting of owners of premises in MKD, adopted based on the results of voting using the GIS housing and communal services, are automatically formed into the minutes of the OSS and posted in the system within one hour after the end of voting (part 11 of article 47.1 of the RF LC).

Management Company within 5 days from the date of receipt of copies of the decisions and the protocol, the OSS must, in accordance with the procedure established by law, send them to the State Housing and Public Administration for storage for 3 years, including using the GIS housing and communal services (part 1.1, article 46 of the RF LC). That is, whether you are holding a face-to-face meeting of homeowners in the old fashioned way or using the system, in any case, copies of the decisions and protocols of the OSS will be sent to the GZhI. Only in the first case, these will be paper copies, and in the second, electronic versions.

The voting results and decisions made at the OSS are brought to the attention of all homeowners by the initiator of the meeting within 10 days from the date of their adoption. The information is placed in the premises of the house accessible to all residents (part 3 of article 46 of the RF LC). For example, on an information board or on the front door at the entrance.

The decisions of the owners of the premises in the MKD, adopted during the in-person and absentee voting at the general meeting, must be published no later than 10 days from the date of the OSS in four sources of information disclosure approved by law:

on the website of the ZhK Reform

on the website of GIS housing and communal services

on information stands in the office of the Criminal Code

Ignorance of the law is not an excuse.

In-person form of the general meeting of owners of premises

The general meeting of owners of premises in an apartment building is the governing body of the apartment building. It is held for the purpose of managing an apartment building by discussing agenda items and making decisions on issues put to a vote (part 1, article 44 of the LC RF).

The in-person form of holding a meeting of owners of an apartment building was put into effect on June 30, 2015 by the Federal Law of June 29, 2015 N176-FZ, which introduced a number of changes to the Housing Code of the Russian Federation.

Part 1: How to hold a general meeting of owners of MKD premises?

Part 2: In-person form of the general meeting of the owners of the premises

The procedure for holding such a meeting differs from in-person and absentee forms. The differences are as follows:

1. The in-person and absentee parts of the meeting are held always and independently of each other. So, the face-to-face form of the meeting always precedes the absentee form, because. the absentee form of the meeting is always held only in the absence of a quorum at the in-person meeting. Formally, legally, full-time and absentee form, these are two different meetings. In contrast, the part-time form is one form of the meeting, both the part-time and part-time parts of which are held on a mandatory basis.

2. The in-person part may not precede the extramural part of the meeting, the main thing is that there are both in-person and part-time parts. For example, the part-time part of the meeting may be earlier than the part-time part of the meeting, or the part-time part may precede the part-time part, or the part-time part of the meeting may be held during the part-time part of the meeting (example: the part-time part of the meeting from the 1st to the 10th day of the month, the part-time part on the 5th day of the month).

3. The minutes of the meeting are drawn up within 10 days from the end of the meeting, i.e. the end of that part of it, which was later. The protocol is drawn up based on the results of the counting of votes, both in-person and in absentia, the results of the two parts are summarized in one protocol without division. In contrast, the face-to-face form and the absentee form of the meeting require the preparation of minutes on the results of each form, as separate meetings. At the same time, the votes of an in-person meeting are never added up with the votes received in absentee voting, despite the fact that both forms are held on the same agenda. Strictly speaking, if the meeting is held in absentia, this means that there was no quorum at the meeting in person, which means that voting was not held in person, and therefore it is impossible to add the votes of the two forms. However, often such votes are taken into account in order not to repeatedly bypass those who were present at the face-to-face meeting. This, of course, is a violation. This problem is absent in the in-person meeting, the votes are collected in each of the parts, the quorum separately in each part does not matter. Only the quorum of the two parts in total is important.

4. The new form of OSS is especially relevant when holding meetings where it is necessary to collect 2/3 of the votes "FOR" from 100% of the owners (clauses 1-3.1 of article 44 of the Housing Code of the Russian Federation, clauses 2, 6, 7 of article 145 of the Housing Code RF). Example: there are owners with 55% of the votes from 100% of the owners present at the face-to-face form. There is a quorum for holding an in-person meeting. It is no longer possible to carry out the absentee form. Therefore, even if all 55% of those present vote “FOR”, then we will not get 2/3 (67%) on the necessary issues. The meeting took place, but the results were negative. The goal has not been reached.

The current legislation of the Russian Federation does not restrict the cases of holding an in-person or absentee meeting, i.e. this form can be held on any agenda item. However, the issue of the possibility of holding a meeting in this form is debatable in cases where the Charter of the HOA/ZHSK does not provide for such a form (no changes were made to the Charter of the HOA/ZHSK in connection with the entry into force of the law of June 29, 2015 N176). This form is provided for by Art. 44.1 of the Housing Code of the Russian Federation, the article refers to the procedure for holding a meeting of owners, and not members of a homeowners association / housing cooperative. From the content of Part 1.1. Article 146 of the Housing Code of the Russian Federation implies that only Art. 45-48 of the Housing Code of the Russian Federation, and Art. 44.1. The Housing Code of the Russian Federation does not apply. With regard to housing cooperatives, there is generally no regulation on the possibility of applying Chapter 6 of the Housing Code of the Russian Federation (in particular, Article 44.1 of the Housing Code of the Russian Federation). In this regard, the HOA and the housing cooperative are recommended to amend the Charters on the possibility of holding a meeting in person and in absentia.

All owners of MKD

Article 44 of the LC RF

Article 145 of the LC RF + Charter

Article 117 of the LC RF + Charter

Requirements for the Charter - art. 113 ZhK RF

Articles 45 - 48 of the LC RF

Article Art. 145 - 146 LC RF + Art. 45 - 48 LCD RF + Charter

1. Any owner

2. Management company managing the house in accordance with the management agreement

3. HOA, housing cooperative in the presence of a written request of 10% of the owners

In accordance with the Charter

In accordance with the Charter

Personally under the painting;

In public places, etc., if such a method was determined by the previous meeting of owners.

For 10 days - in the manner prescribed by the Charter.

If the Charter is not defined, then in the same way as at a meeting of owners

In accordance with the Charter

1) information about the person on whose initiative this meeting is convened;

2) the form of holding this meeting (in-person, in absentia, in person and in absentia);

3) the date, place, time of this meeting, or in the case of holding this meeting in the form of absentee and in-person voting, the deadline for accepting decisions of owners on issues put to the vote, and the place or address where such decisions should be submitted;

4) the agenda of this meeting;

5) the procedure for getting acquainted with the information and (or) materials that will be presented at this meeting, and the place or address where they can be found.

The same as in the meeting of owners

In accordance with the Charter

2. In the absence of a quorum at the in-person meeting - in absentia.

In accordance with the Charter

Quorum - the owners present at the meeting must own more than 50% of 100% of the areas of all owners

Quorum - HOA members present at the meeting must own more than 50% of 100% of the space owned by all HOA members.

Quorum - more than half of the members of the cooperative must be present at the meeting

P.1 - 3.1 Art. 44 ZhK RF - 2/3 (66.7% + 1 sq.m.) from 100% of the votes of all owners;

The decision is considered adopted if it was voted "FOR":

P. 2, 6 - 7 Art. 146 Housing Code of the Russian Federation - 2/3 (66.7% + 1 sq.m.) from 100% of the votes of all members of the HOA;

Other decisions - more than 50% of the quorum.

The decision is considered adopted if the majority of the members of the housing cooperative present at the general meeting voted for it (Article 117 of the Housing Code of the Russian Federation)

The order of the meeting (stages):

1. Questioning, survey, informational meetings with owners (or another way of determining the opinion of residents on the topic of the meeting). The stage is not mandatory and is not provided for by law, but affects the success of the meeting

2. Setting the agenda and drafting other documents for the meeting

3. Not less than 10 days' notice of a meeting may be issued together with the notice:

Message (indication of the date of both in-person and absentee voting)

Annexes (documents approved by the meeting). It is not necessary to provide, you can specify the place or method of acquaintance with them.

4. In-person form of the meeting (or in-person part of the part-time form):

Quorum determination (in-person only)

Summing up (within 10 days) - minutes (only for face-to-face form).

5. Absentee meeting - in the absence of a quorum at the in-person meeting (absentee part of the meeting in absentia):

Drawing up minutes in absentia (in absentia and in absentia, the votes of the internal part are summed up with the votes of the absentee part of the meeting)

6. Publication of results (10 days).

List of required documents

1. Bulletins, registers for issuing messages (notices of a meeting), messages must be printed out in double-sided printing, i.e. on 1 sheet from 2 sides. It is unacceptable to supplement documents with new additional lines and sheets! Thus, it is necessary to prepare as many registers as required so that all owners sign. If the document consists of 3 or more pages, then it is possible to use the method of printing the document on A3 format, another possible, but not the best option is to staple the sheets.

2. Registration sheet for the face-to-face form/part of the meeting (to be completed only at the face-to-face form/part of the meeting). The heading of the registration sheet must be on each sheet. It is unacceptable to supplement documents with new additional lines and sheets! Thus, it is necessary to prepare as many registers as required so that all the owners present at the face-to-face meeting (the face-to-face part of the face-to-face meeting) sign.

3. The register for issuing a message and a bulletin is filled in only when, in accordance with the Charter of the HOA / HBC, or another previous meeting of owners, such a method of notifying the meeting as posting a notice in accessible places at home is not allowed. In this case, the notice of the meeting is handed over under the signature in the register or sent by mail (by registered mail without notification) to each owner. Signing in the register signifies receipt of both the message and the bulletin.

4. In any documents on the meeting of owners, only the owners sign, in relation to the meeting of members of the HOA / ZHSK - only members of the HOA / ZHSK (persons who have written an application for joining the HOA). In all documents, the owner / member of the HOA / ZHSK signs only personally for himself! It is forbidden to sign for one owner/family member for other owners/family members.

5. For minors (n / l under 18 years old) children-owners are allowed to vote exclusively at the meeting of owners (minors cannot be members of the HOA, the exception of the housing cooperative - the owner can become a member from the age of 16). One of the parents signs for minors.

1. Compiled within 10 days from the end date of the meeting:

Full-time - from the day of the meeting

Absentee - from the last day of collecting ballots

Full-time - from the last day of collecting ballots

2. Posted in public places within 10 days from the end date of the meeting.

3. Stored in a place or address determined by the decision of this meeting.

4. From July 1, 2016 - are transferred to the housing inspection through the GIS housing and communal services and are subject to placement in this system. When the subject concludes an “agreement” on the trial operation of the system on the territory of a constituent entity of the Russian Federation, the protocols are transferred to the housing inspection after 4 months from the date of entry into force of the said agreement, but no later than July 1, 2016.

In-person absentee voting of homeowners or HOA participants: procedure, protocol


Face-to-face meeting, as a form of decision-making related to the management of the house, was introduced relatively recently. Its use is permitted by persons who are the owners of the premises in the house, and members of the HOA.

The question arises, what is the procedure for organizing a meeting, in the specified form?

Differences of the internal-absentee form of the meeting from voting by internal or absentee scheme


In-person - absentee form of voting is an independent way to resolve issues that arise in the process of managing a house. This form has the following specific points that distinguish it from other methods of resolving issues:

  • Full-time - correspondence form, this is a meeting that has a single structure. With this form, two parts are always held, for example, in contrast to the correspondence meeting. Holding a general meeting in the form of absentee voting is allowed when there is not a sufficient quorum.
  • The organization scheme of the parts is determined by the organizer independently, that is, the parts can go out of order or in parallel.
  • At in-person and absentee meetings, votes should not be summed up, since they are counted separately. The new form involves the summation of all votes.
  • An event of this type involves the design of a single protocol for two parts, unlike other types.
  • Any list of questions will be considered.

The procedure for conducting in-person voting by owners of housing in an apartment building


Holding a meeting in person - in absentia is organized only on the basis of the provisions of the housing legislation (namely, the Housing Code of the Russian Federation, Article 47 ).

The event should be carried out only after appropriate preparation.

Preparation takes place in several stages regarding organizational issues, as well as activities aimed at notifying persons who have the right to attend such an event.

Decisions made at meetings that violate the requirements of the law are considered invalid.

The procedure for conducting absentee voting of the owners of an apartment building

The meeting is held if the presence of at least 50% of all persons who are to take part is ensured.

To ensure attendance, steps must be taken to notify all persons. To do this, the law establishes several ways.

The decision must be made in writing, a document of the appropriate form. It has official status. This means that if a falsification is detected, the person will be punished, on the basis of the sanctions provided for by the criminal law.

The results of the issues considered and the decisions that were made should be communicated to all those living in the house.

The process of preparing for the general meeting

During the preparation process, issues that need to be addressed are identified.

They are identified based on:

Although this step is not required, organizing it ensures that the meeting runs in the most efficient way.

After that, the agenda is determined and the documents necessary for the meeting are prepared.

Owner notification

Notification of participants must be made no later than 10 days before the appointed day of the event.

  • By sending them registered letters;
  • By personal familiarization against signature with the announcement of the event;
  • By placing information about the event on stands with information.

The following information is included in the document:

  1. Information about the form of the event;
  2. On the number, time and place of the organization of the meeting;
  3. On issues to be considered;
  4. About the documents that should be familiarized with before the moment when the meeting starts, about the place where these documents will be located.

In-person absentee voting

When notifying the participants, the person organizing the meeting must indicate the date of the event. As a rule, the date and time of the start of voting and information about when the procedure will be completed are subject to indication.

The procedure for holding a meeting in person - in absentia

  1. Electronic (by registering on the site);
  2. Written, by indicating your vote on a sheet issued by the organizer of the event.

The order of conduct assumes that a decision has the status of being adopted when it has received more than half of the votes of those present. In exceptional cases, decisions receive the status of adopted when they have received two-thirds of the votes.

How decisions are made at the general meeting

Holding an event is always aimed at making decisions. Decisions that have received the status of adopted are documented in a protocol.

The document must be drawn up in accordance with Order No. 937/p.

The document to be compiled should have the following parts:

The first one specifies:

  • Event organizers;
  • The persons who counted the votes;
  • Members who voted;
  • Number of votes received;
  • The area of ​​all residential facilities;
  • List of issues that were considered at the event;
  • Quorum information.

The main part indicates the issues to be considered.

The completed document must be kept for three years.

How and to whom to notify the decision of the meeting

After the event, the organizer is obliged to notify all owners of those decisions that have received the status of adopted.

As previously mentioned, 10 days are allotted for this.

How the information will be carried out is also discussed at the meeting. As a rule, a copy of the protocol is used, which is posted on information stands.

The procedure for holding a full-time meeting of the HOA

Such a meeting can be held only if it is permitted by the document.

Protocol of in-person absentee voting of the HOA, sample

It indicates:

  1. The date of the event;
  2. Information about the person who organized the event;
  3. Information about the members of the HOA;
  4. Information about the total area of ​​all premises;
  5. Information about the persons who took part in the event.

The next part includes a list of issues that were considered.

Conclusion


So, a meeting of this form should be organized only on the basis of the provisions of the law, and for the HOA also taking into account the norms of the developed charter.

09/06/2015 | On the internal-absentee form of meetings


Federal Law No. 176-FZ of June 29, 2015 introduced a new form of the General Meeting in the LC RF - in person and in absentia. A number of specialists in the housing sector formed the opinion that, in fact, nothing new had appeared, because even before this meeting it was rarely possible to hold it in person, while conducting absentee voting immediately is unacceptable. Therefore, the vast majority of the general meetings were held according to the scheme: first, in person, at which it is very rarely possible to collect a quorum, then in absentia on the same agenda. That is, in fact, the general meetings of the owners of the premises of the MKD were held, one might say, in person and in absentia. Let's try to figure out what is the difference between the new form of general meetings and the previously existing scheme for holding an in-person meeting, and then absentee voting.

The most important difference between an in-person meeting and a general meeting, first in person and then in absentia, is the integrity of the event, that is, it is not two meetings, but one, consisting of two parts. One could say that it consists of two stages, but there is one essential detail - the legislator does not prohibit holding a meeting in full-time or in absentia form simultaneously in two formats! That is, an in-person meeting may not be held in stages, but simultaneously in the form of a joint in-person presence of the owners, and in the form of absentee voting, and the processes can go in parallel, while the votes of the owners will be taken into account jointly.

Part 3 of Article 47 of the LC RF literally establishes: “ The general meeting of owners of premises in an apartment building can be held through in-person and absentee voting, which provides for the possibility of face-to-face discussion of agenda items and the adoption of decisions on issues put to the vote, as well as the possibility of transferring decisions of the owners within the prescribed time to the place or address indicated in a notice on holding a general meeting of owners of premises in an apartment building».

The requirements for the quorum and the procedure for notifying the owners of MKD premises about the upcoming meeting are regulated by Article 45 of the LC RF. The general meeting of owners of premises in an apartment building is competent (has a quorum) if the owners of premises in this building or their representatives, who have more than fifty percent of the votes of the total number of votes, took part in it (part 3 of article 45 of the LC RF). The initiator of the meeting is obliged to inform the owners of the premises in this house about the holding of such a meeting no later than ten days before the date of its holding. Within the specified period, a notice of holding a general meeting of owners of premises in an apartment building must be sent to each owner of premises in this house by registered mail, unless a decision of the general meeting of owners of premises in this house provides for another way to send this message in writing, or handed over to each owner of the premises. in this house against signature or placed in the premises of this house, determined by such a decision and available to all owners of premises in this house (part 4 of article 45 of the LC RF).

It should be recalled that holding an annual general meeting is the sole responsibility of the owners (part 1, article 45 of the RF LC), while in addition to the annual meeting, an unlimited number of other meetings can be held, which will be extraordinary. The initiator of the general meeting can be either any of the owners or the managing organization (part 7 of article 45 of the LC RF).

The requirements for the content of the announcement of the holding of the general meeting are established by part 5 of article 45 of the LC RF.

Taking into account the fact that the in-person form involves both in-person and absentee voting, two dates must be indicated in the notice of the meeting - the date of in-person voting and the date until which decisions of owners voting in absentia are made ( in contrast to the scheme of holding two meetings of meetings - first in person, and then in absentia. Two meetings imply the presence of two messages about their conduct, and the message about the holding of absentee voting should be sent after the in-person meeting, if there was no quorum at the in-person meeting). Of course, both of these dates must be at least 10 days from the date of receipt by the owners of the messages (or the posting of these messages in the designated places). The agenda is set to be the same for both forms of voting.

The sequence of the in-person and part-time parts of an in-person meeting is not regulated - that is, both forms can be held both sequentially (for example, first in-person, then in absentia), and in parallel (the same date of the in-person meeting and the end of decision-making in absentia), and even the in-person form can be “within” the absentee one (when the start date for the acceptance of absentee decisions is set earlier than the date of the in-person meeting, and the end date for the acceptance of absentee decisions is later than the date of the in-person meeting). Nevertheless, it seems reasonable to set a deadline for accepting decisions of owners voting in absentia after voting in person. In this case, the meeting will be more “managed”, that is, the initiator will clearly understand how many owners voted in person, how many votes are not enough to reach the quorum (or the quorum has already been reached), and promptly monitor the voting results with each decision coming from the owners. At the same time, the fact of the presence or absence of a quorum precisely at the in-person part of the meeting is unimportant, since the “in-person” and “absentee” votes are added up, and only after both forms of the meeting are completed, the participants are counted to determine the presence of a quorum.

The part-time form is especially relevant. when considering issues on which it is necessary to make decisions 2/3 of the votes of the owners(parts 1-3.1, 3.2-3.5 of article 44 of the LC RF). In the case of holding a meeting on such issues, first in person, and then in absentia, a situation is possible in which owners with more than 50%, but less than 2/3 of the votes, took part in the face-to-face meeting. In this case, the in-person meeting took place, there is a quorum, therefore, absentee voting cannot be held. At the same time, decisions for which at least 2/3 of the votes of the owners must be given cannot be made! The part-time form of the OSS is spared from such a significant drawback.

Decisions of the general meeting of owners of premises in an apartment building are drawn up in minutes in accordance with the requirements established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services ( such body is the Ministry of Construction of Russia). Decisions and minutes of the general meeting of owners of premises in an apartment building are official documents as documents certifying the facts, entailing legal consequences in the form of imposing obligations on the owners of premises in an apartment building with respect to common property in this building, changing the scope of rights and obligations or releasing these owners from duties, and are subject to placement in system the person who initiated the general meeting. Copies of decisions and minutes of the general meeting of owners of premises in an apartment building are subject to mandatory submission by the person on whose initiative the general meeting was convened to the managing organization, the board of a homeowners association, housing or housing construction cooperative, other specialized consumer cooperative no later than ten days later after a general meeting of owners of premises in an apartment building (Part 1, Article 46 of the LC RF).

It should be noted that in case of in-person and absentee voting, "in-person" and "absentee" votes are summed up, and one protocol is drawn up! But when holding two meetings in person and in absentia, the votes of the participants in various meetings cannot be summed up, and two minutes are drawn up - for each of the meetings separately.

In accordance with Part 1.1 of Article 46 of the HC RF, within five days from the date of receipt of copies of decisions and minutes of the general meeting of owners of premises, they are obliged in the manner established by the federal executive body responsible for the development and implementation of state policy and regulatory regulation in the field of housing and communal services, send copies of these decisions and minutes, including using GIS housing and communal services, to the body of state housing supervision for storage for three years.

You can purchase access to watch the video recording of the seminar "Peculiarities of holding general meetings", during which expert O.E. Yandieva gives detailed explanations of the procedure for holding general meetings of both owners of MKD premises and members of HOAs, housing cooperatives. All purchasers of access are additionally provided with a package of materials, including regulatory legal acts, document templates (including a new form of the OSS Protocol in accordance with the Order of the Ministry of Construction of Russia dated December 25, 2015 N937 / pr) presentation for the seminar.

A detailed program, conditions for purchasing access to view and registration of an application are available link

Now general meeting of ownerspremises in an apartment building can be carried out in person and in absentia in accordance with Federal Law No. 176 dated 06/29/2015 . In fact, in the past, meetings of residents were often held in this form, since rarely anyone managed to gather all the owners of premises in an MKD in person in one place and at one time.

Therefore, they acted in this way: first, an in-person vote was held, and then, due to the lack of a quorum, the form of absentee voting was carried out the previous time on the same agenda. In other words, the general meeting of residents of the MKD was secretly held in the form of in-person voting. However, this form has its own distinctive features from the successively held full-time and absentee forms of the meeting of residents.

Differences

The key difference between the internal-absentee form and voting, first in person and then in absentia, is the integrity of the action. Thus, these are not 2 different meetings held sequentially for reasons of the need to increase the quorum, but a single event consisting of 2 parts. In addition, the law does not prohibit holding a meeting in full-time or absentee form simultaneously according to 2 schemes, that is, it can be held not in stages, but in parallel in the form of the direct presence of residents and in the form of their absentee voting. In this case, they will be taken into account, calculated together and issued in 1 OSS protocol without exception, full-time and absentee votes of the owners. And with other forms of holding a general meeting, 2 separate protocols of the OSS will be drawn up.

Despite the fact that in-person and absentee voting can be held simultaneously in the form of an in-person meeting, it is advisable to determine the deadline for accepting absentee decisions of owners. In this case, the meeting can be managed and timely track whether the quorum of those present personally has been reached, as well as accept the results of absentee voting along with each decision coming from the owners. A pleasant moment is the fact that it does not matter whether or not there is a quorum for the in-person part of the voting, since all in-person and absentee votes are summed up. And only at the end of both forms of the meeting, the votes are counted to determine the presence of a quorum.

Particularly convenient is the in-person form of a meeting when considering issues on which at least 2/3 of the votes of residents are required to make a decision (parts 1-3.1, 3.2-3.5, article 44 of the LC RF). When a meeting on such issues is held first in person and then in absentia, the situation is not ruled out when a quorum of more than 50%, but less than 2/3 of the votes, has gathered at the face-to-face meeting. In this case, the in-person meeting is recognized as held in the presence of a quorum, and absentee voting cannot be held. Thus, decisions for which at least 2/3 of the votes of the residents must be given cannot be made and the meeting will have to be held again. In such a situation, the face-to-face form of the meeting has a significant advantage and is the best option for making decisions by the residents of the house. +

Decisions of the general meeting of owners of premises in MKD, as in previous cases, are drawn up in the minutes of the OSS. OSS decisions and minutes are official documents, so falsifying them can lead to criminal liability (more on this in another article). These documents must be posted in GIS housing and communal services the initiator of the general meeting. Copies of the decisions and minutes of the OSS must be provided to the management company no later than 10 days after the general meeting (part 1 of article 46 of the LC RF).

In accordance with Part 1.1 of Article 46 of the HC RF, within five days from the date of receipt of copies of decisions and the protocol of the OSS, including using the GIS system of housing and communal services (according to the Information Disclosure Standard), utility service providers must send them to the GZhN body for storage for 3 years.

When holding a general meeting of owners of premises in an apartment building by absentee voting (hereinafter referred to as the absentee general meeting), it should be borne in mind that all the provisions of Ch. 6 of the Housing Code of the Russian Federation regarding the holding of general meetings of owners of premises in an apartment building, taking into account the specifics established by the Housing Code of the Russian Federation.

Holding an absentee general meeting is possible only if the general meeting of owners by joint attendance did not take place due to the lack of a quorum. At the same time, only those issues that were included in the agenda of the failed in-person general meeting (part 1 of article 47 of the Housing Code of the Russian Federation) can be put for consideration by the absentee general meeting.
Thus, the basis for holding an absentee general meeting may be an act fixing the fact that the general meeting did not take place.
An absentee general meeting is held by sending to the place or address indicated in the notice of the general meeting of owners of premises in an apartment building, written decisions of the owners on issues put to a vote (parts 1 and 3 of article 47 of the Housing Code of the Russian Federation) .
Preparation for holding an absentee general meeting involves preparing and sending notices to the owners of the premises about holding an absentee general meeting in the manner specified for sending notices about holding an in-person general meeting (an approximate sample of a notice about holding an absentee general meeting is given in Appendix 11).
Instead of information about the time and place of the in-person meeting indicated in the notice of the in-person meeting, the notice of the meeting in absentia must indicate the place or address to which the decisions of the owners should be transferred, and the deadline for accepting such decisions. In addition to this information, it is necessary to indicate the need to attach to the owner’s decision copies of documents confirming the person’s ownership of the premises in the house, copies of documents proving the identity of the owner and his representative, as well as a power of attorney for the representative if the decision is drawn up by the owner’s representative.
According to part 3 of Art. 46 of the Housing Code of the Russian Federation, in the decision of the owner on issues put to a vote, the following must be indicated:
1) information about the person participating in the voting;
2) information about the document confirming the ownership of the person participating in the vote to the premises in the relevant apartment building;
3) decisions on each item on the agenda, expressed as “for”, “against” or “abstained”.
Thus, in addition to the documents, the approval of which is planned by the decision of the general meeting, a draft decision of the owner must be attached to the notice of the general meeting of owners. It is recommended that the draft decision of the owner be drawn up in the same way as the voting sheet for the in-person general meeting (see section IV) taking into account the specified requirements of the law (an example of the decision of the owner is given in Appendix 12).
If a general meeting is held by an initiative group of owners, the address of the apartment of one of the members of the initiative group can be indicated as the place to which the decision of the owner should be submitted. In the event of a general meeting of the building management organization, you can indicate the address of its actual location or the location of its separate subdivision in this house. When organizing and holding a meeting by a specialized organization (for example, a law firm), the location of the actual location of such an organization can be indicated as the address for sending the decisions of the owners. The date by which decisions are received from the owners of premises in the house should be set taking into account the actual possibility, including owners not living in the house, to prepare and send their decisions to the place (address) specified in the notice of the meeting, taking into account also the delivery time letters by mail.
In order to facilitate the participation in the meeting of the maximum number of owners, the organizers of the meeting, during the period of time allotted for the owners to make decisions and transfer them to the place (address) indicated in the notice of the absentee meeting, may make rounds to additionally advise the owners on the agenda meeting, assistance in processing the decisions of the owners, as well as for the purpose of transferring their decisions to the place (address) of collecting the decisions of the owners.
Registration of the results of the absentee general meeting, in general, does not differ from the registration of the results of the in-person general meeting (an approximate sample of the minutes of the absentee general meeting of owners is given in Appendix 13, an act that the general meeting was not held in Appendix 14). A feature of the registration of the results of such a meeting is the signing of the minutes of the general meeting of owners by all owners in the event of the creation of an HOA and the approval of its charter, as well as if such a requirement is presented for registration of the minutes by a decision of the general meeting of owners.
In this case, the organizers of the meeting must ensure the signing of such a protocol by all the owners who took part in the vote, or the owners who voted for the creation of the HOA and the approval of its charter. This requirement can be implemented by posting announcements in the public premises of the house indicating the period of time and place where the participants of the meeting must appear to sign the minutes, or by bypassing the meeting participants by the organizers of the meeting.
In other cases, it is possible to sign the minutes by the persons specified in the rules of the general meeting adopted by the general meeting. As a rule, the initiator of the meeting, the chairman of the meeting and the secretary of the meeting are indicated as such persons. Decisions of owners on agenda items are recommended to be kept together with the minutes of the general meeting.

I hope that helped you.