How to hold a general meeting of owners of an apartment building. How to hold a general meeting of owners. What the law says

The owners of premises in an apartment building are required to hold an annual general meeting annually, and in Part 2 of Art. 45 of the Housing Code of the Russian Federation states that, in addition to the annual general meeting, general meetings of owners of premises in an apartment building are extraordinary.

Thus, the law defines two types of general meetings of owners of premises:

a) the annual general meeting of owners of premises in an apartment building, which is mandatory;

b) an extraordinary general meeting of owners of premises in an apartment building, which is optional.

Annual general meeting

Obliging the owners of premises in an apartment building to hold their general meeting (annual general meeting) annually, the Housing Code of the Russian Federation does not define the range of issues that must be decided at such a meeting and included in the agenda of this meeting. But in part 1 of Art. 45 of the LC RF states that the annual general meeting must be held during the second quarter following the reporting year, unless otherwise established by the general meeting.

The Housing Code also does not define the procedure for holding an annual general meeting of owners of premises in an apartment building, as well as the procedure for notifying about its decisions, and, accordingly, such a procedure should be established by a general meeting of owners of premises in an apartment building.

Consequently, the owners of premises in an apartment building, as part of establishing the procedure for holding the annual general meeting, must independently determine:

– a permanent list of issues included in the agenda of the annual meeting;

- the procedure for sending messages about the holding of the annual meeting, including the procedure for familiarization with the information and (or) materials that will be presented at the meeting, the address or place of their location (or the place where they can be found), the form of the meeting, persons, responsible for holding the meeting;

- the procedure for notification of decisions made;

- other issues related to the holding of the annual general meeting, with the exception of those that must be resolved within the framework of the requirements established in Art. Art. 46 - 48 of the LC RF, including quorum requirements.

The annual general meeting may be convened by persons responsible for holding the meeting, approved earlier by the decision of the general meeting, or, taking into account its periodic specifics, by decision of the owners of the premises, it can be held at the initiative of one of the owners or without convening it by any person. For example, the procedure determined by the decision of the general meeting may provide for the annual meeting to be held annually on February 01 of the next year.

Within the framework of establishing the procedure for holding the annual general meeting, the obligation to convene and hold the annual general meeting may be assigned to the Council of the apartment building or its chairman.

The decision of the general meeting may provide for a special procedure for holding the annual general meeting, including in terms of notifying the owners of the decisions made, the formation of the agenda for such a meeting, the venue, etc. In particular, during the annual meeting, these issues can be distributed among individuals, the agenda can be fixed for each year, or the preliminary formation of the agenda of the annual general meeting can be carried out by poll.

When determining the term for holding the annual general meeting, one should take into account the procedure established by law for determining the amount of payment for the maintenance and repair of residential premises in an apartment building at a general meeting of owners of premises in such a house, taking into account the proposals of the managing organization (part 7 of article 156 of the LC RF), as well as provided for in Part 11 of Art. 162 of the Housing Code of the Russian Federation, the obligation of the managing organization annually during the first quarter of the current year, unless otherwise established by the apartment building management agreement, is to submit to the owners of premises in the apartment building a report on the implementation of the management agreement for the previous year.

Therefore, taking into account the specified requirements of the law, it is recommended that the period for holding the annual general meeting be set within the first quarter of the current year, so that it is at the annual general meeting that representatives of the managing organization with which the owners have concluded an agreement can participate, and the activities of the managing organization for managing an apartment building can be assessed, the work plan and estimate of income and expenses of the managing organization for the current year were approved, the amount of payment for the maintenance and repair of residential premises in an apartment building, etc. was determined.

It is recommended that all issues related to the procedure for convening and holding the annual general meeting of the owners of the premises be settled either by a protocol decision of the general meeting of the owners of the premises, or in a special local regulatory act, which is approved by the decision of the general meeting of the owners of the premises.

Extraordinary general meeting

In accordance with part 2 of article 45 of the LC RF, an extraordinary general meeting of owners of premises in an apartment building can be convened at the initiative of any of the owners of this house.

Unlike the annual general meeting, the law does not provide for the establishment by the decision of the general meeting of the owners of the premises of the timing of the extraordinary general meeting, therefore such a meeting can be held at any time and as many times as necessary during the year.

This means that the owners of premises in an apartment building can hold extraordinary meetings in accordance with the procedure established by the Housing Code of the Russian Federation as needed. At the same time, it is quite obvious that before the determination by the decision of the general meeting in accordance with Part 1 of Art. 45 of the LC RF of the terms and procedure for holding annual general meetings, any general meeting, regardless of the agenda, will be extraordinary.

The possibility of holding extraordinary general meetings is established by law for more flexible and prompt intervention of the owners of premises in the process of managing an apartment building. It should be noted that the Housing Code of the Russian Federation does not directly establish cases when an extraordinary general meeting must be convened without fail. At the same time, such cases include the occurrence of circumstances in which the owners of premises in an apartment building are required to make a decision on the liquidation of the homeowners association or on a significant violation by the management organization of the essential terms of the management agreement.

As a rule, extraordinary general meetings are of an emergency nature, since, for example, they are the main means of clarifying relations between the owners of premises and the managing organization or between individual groups of owners on issues that arise in the process of managing a house. Therefore, extraordinary general meetings can be described as "extraordinary meetings", which very accurately characterizes the status of an extraordinary general meeting and its significance in the life of an apartment building.

The annual general meeting, like an extraordinary one, can be convened at the initiative of the managing organization

The new Housing Code, which entered into force, marked the beginning of a completely new approach to solving issues in the housing sector. This was the subject of a previous article.

Particular attention was paid to the fact that citizens are aware of the need for their own initiative to arrange life in their home, so that it is as comfortable as possible, and they will begin to take part in the management of the common property of the house. In other words, the government hopes, first of all, for the activity of the residents themselves in the implementation of the rights and obligations granted to them by law.

The topic of this article is to help owners prepare and conduct general meetings without errors. And first of all, to recommend certain practical steps in choosing one of the ways to manage the property at home.

What's with the meeting?! (Definition of assembly).

So what is a general meeting? Who are the property owners? How is it carried out? Who should be doing this?

Of course, the skeptic will say that the meeting is a complete punishment, torture, hard labor and the like. Well, what else can you call an indefinite stay in a stuffy room or on a cold courtyard, in the company of people bound by one goal, but at the same time defending their own ideas, using all sorts of ways and methods of persuasion.

But in this matter, pessimism and passivity are not our allies.

The general meeting is an organized, pre-planned event, the purpose of which is to resolve certain issues.

No one except the owners can decide the management of their property. Therefore, only the general meeting, as the only governing body of the house, can and is obliged to decide on the management, use and disposal of the common property of the house.

Owners are residents of apartments that have been privatized or bought or inherited, etc. your apartment. The owners of non-residential premises are also participants in the general meeting. For example, if there is a store in your house, then the owner of this store, on an equal footing with other residents of the house, should participate in the life of the house. The municipality can also be the owner of residential and non-residential premises. If you have a social tenancy agreement or a lease agreement for premises, then the owner of this premises is the city administration.

One property can have multiple owners. It depends on the type of ownership: common joint ownership or common shared ownership. With common joint ownership, one person (husband or wife) acts on behalf of the owner, who acts in the common interest and jointly resolves all issues. With common shared ownership, each owner, according to certain shares (the shares are indicated in the document for ownership), acts on his own behalf and resolves issues himself. An exception is a minor or incompetent owner. On his behalf, a legal representative (parent, guardian, custodian) acts, who has presented documents confirming his authority (birth certificate of the child or the Resolution of the Head of the Administration on the appointment of a guardian or custodian).

The question of how to manage the house is decided at the general meeting of owners by a majority vote. It is the choice of management method that should be devoted to the first meeting.

It should be remembered that this choice is not a right, but an obligation of the owners. There are three options to choose from:

All "house" problems can be solved by the management company (UK),

Homeowners Association (HOA)

And directly to all owners.

Why are we going? (Goals of the meeting).

Making decisions on the reconstruction of an apartment building (including its expansion or superstructure), the construction of outbuildings and other buildings, structures, structures, the repair of common property in an apartment building;

Making decisions on the limits of the use of the land plot on which the apartment building is located, including the introduction of restrictions on its use;

Making decisions on the transfer to use of common property in an apartment building;

Choosing a way to manage an apartment building (direct management of the owners of premises in an apartment building; managing a homeowners association or a housing cooperative or other specialized consumer cooperative; managing the forces of a managing organization (Article 161 of the LC RF);

Establishment and liquidation of a homeowners association;

Approval of the amount of payment for the maintenance and repair of residential premises in an apartment building;

Other issues referred by the Housing Code of the Russian Federation to the competence of the general meeting of owners of premises in an apartment building (Articles 44, 135, 141, 156 of the Housing Code of the Russian Federation).

That is, the owners, uniting, resolve issues of joint management of the common property of the house (including a land plot, a residential building and other real estate objects).

The decision of the general meeting of owners of premises in an apartment building, adopted in accordance with the procedure established by the Housing Code of the Russian Federation, is binding on all owners of premises (Article 46 of the Housing Code of the Russian Federation).

So, depending on the pressing problems, the main goals of the meeting and ways to solve them are determined. At the first meeting, the main issue is the choice of how to manage the apartment building.

The goals or main issues of the general meeting are formalized by the agenda of the meeting.

Sample agenda for a general meeting of homeowners

How are we going? (Meeting Forms).

1) in person, that is, with the joint presence of the owners of the premises in a specific place and at a specific time to discuss issues put to a vote;

The face-to-face form of holding a meeting is acceptable if the house is small (single-entrance or has no more than five floors). For the meeting, it is better to choose a day convenient for everyone, for example, Saturday. The place of the meeting depends on the extent to which the common area can accommodate all participants in the meeting. If there was no such place in the house, but you don’t want to freeze in the courtyard of the house, you can talk with the leadership of the local housing department and gather in the “red corner” of this housing department.

In any case, all issues regarding the place and time of the meeting should be worked out in advance. In addition, you can preliminarily find out the opinion of the tenants on the issues of the upcoming meeting. All this will make the meeting more fruitful and not stretched out in time.

It is not easy to hold a general meeting of tenants in a building with hundreds of apartments. Therefore, here you can use the absentee form of voting. First of all, it is necessary to decide where, when and how voting on the issues of the meeting will be carried out. Most likely, the initiator of the meeting will determine his apartment as the place for collecting ballots. Within the specified period, each owner of the premises will bring the completed ballot to the specified address. Either he will bypass the residents of the house, or he will install a box for collecting ballots near each entrance. It all depends on the desire and ability of the initiator of the meeting. Also, preliminary work is necessary to notify the owners of the upcoming absentee voting, clarify the issues of the meeting and draw up the necessary paperwork.

Who initiates the general meeting? (Initiator of the meeting).

The initiators of the general meeting of owners may be:

a) primary - the owner or several owners of premises in this house (part 1 of article 45 of the LC RF);

b) the next meeting - persons from among the owners responsible for holding the meeting (elected at the first meeting of owners - (part 1 of article 45 of the LC RF), the board of the HOA (if it has been created);

c) extraordinary - at the initiative of any of the owners of this apartment building (part 2 of article 45 of the RF LC), the board of the HOA (if it has been created), members of the HOA.

How to hold a meeting? (Preparation of the meeting).

The initiative group is also working on other issues related to the holding of the general meeting:

Identification of all owners in this apartment building,

Preliminary survey of the opinions of residents on the method of managing the house,

As well as collecting information about organizations specializing in the management of apartment buildings,

Determination of the share of each owner in the common property of an apartment building,

Determination of candidates for the chairman of the general meeting, secretary, counting commission and others.

The general meeting of homeowners is chaired by the chairman of the meeting. For the first meeting, and also, if the agenda includes the question of choosing a way to manage the house, another rule is established - the meeting is led by its initiator.

See a sample register of home owners

Who and how should inform residents about the meeting? (Notice to tenants).

According to part 4 of Art. 45 of the Housing Code of the Russian Federation, the initiators of convening a general meeting are obliged to inform the owners of the premises in this house about the holding of such a meeting no later than 10 days before the date of its holding.

Sample notice of a general meeting

When is the meeting considered completed? (Eligibility of the assembly).

The presence of the owners at the meeting is confirmed by a registration sheet of participants indicating the last name, first name, patronymic, address, details of the certificate of ownership of the premises, and the signature of the owner. If the meeting is attended by a representative of the owner, then a power of attorney must be attached.

Sample registration sheet of the general meeting of owners

The list of objects of common property and the procedure for determining shares in the right of common ownership are established by Art. Art. 36, 37 LCD RF.

Voting is carried out on each issue on the agenda after its discussion. To sum up the results of voting, a counting commission must be created, the composition of which is approved by the general meeting. Any decision of the general meeting is drawn up in a protocol in the manner established by the general meeting of owners of premises in this house (part 1 of article 46 of the LC RF)

The law does not establish any requirements for the form of the protocol. But according to the traditions of conducting general meetings, the minutes must be drawn up in writing, signed by the chairman and secretary, as well as members of the counting commission. The minutes must indicate the date, place of the general meeting of owners and the agenda.

Sample minutes of the general meeting of owners

How to make decisions? (Formation of the decision).

The law establishes that the decisions of the general meeting of owners must be brought to the attention of all owners of the premises, including those who did not take part in the meeting, within ten days from the date these decisions were made (part 3 of article 46 of the LC RF).

The owner who does not participate in the decision-making at the general meeting is obliged to obey them.

Sample decision of the general meeting of home owners

New edition Art. 45 ZhK RF

1. The owners of premises in an apartment building are obliged to hold an annual general meeting of owners of premises in an apartment building every year. Unless otherwise established by the general meeting of owners of premises in an apartment building, the annual general meeting of owners of premises in an apartment building is held during the second quarter of the year following the reporting year, in the manner prescribed by this article.

2. In addition to the annual general meeting, general meetings of owners of premises in an apartment building are extraordinary. An extraordinary general meeting of owners of premises in an apartment building may be convened at the initiative of any of these owners.

3. The general meeting of owners of premises in an apartment building is competent (has a quorum) if it was attended by the owners of premises in this building or their representatives with more than fifty percent of the votes of the total number of votes, with the exception of the general meeting of owners of premises in an apartment building, conducted on the issue specified in clause 4.5 of part 2 of Article 44 of this Code. In the absence of a quorum for holding an annual general meeting of owners of premises in an apartment building, a repeated general meeting of owners of premises in an apartment building must be held. The general meeting of owners of premises in an apartment building, held on the issue specified in clause 4.5 of part 2 of Article 44 of this Code, is competent (has a quorum):

1) if there is more than one entrance in an apartment building, if the general meeting of owners of premises in an apartment building was attended by the owners of premises in this apartment building or their representatives, who have more than fifty percent of the votes of the total number of votes of owners of premises in this apartment building , including owners of premises in an apartment building, in the entrance of which the transferred premises are located, having more than two-thirds of the votes of the total number of votes of such owners;

2) if there is one entrance in an apartment building, if the general meeting of owners of premises in an apartment building was attended by the owners of premises in this apartment building or their representatives, who have more than two-thirds of the votes of the total number of votes of owners of premises in this apartment building.

3.1. The managing organization, the board of a homeowners association, a housing or housing-construction cooperative, or another specialized consumer cooperative are obliged to maintain a register of owners of premises in an apartment building, which contains information that allows the identification of the owners of premises in this apartment building (last name, first name, patronymic (if any) the owner of the premises in the apartment building, the full name and main state registration number of the legal entity, if the owner of the premises in the apartment building is a legal entity, the number of the premises in the apartment building owned by an individual or legal entity), as well as information about the size of their shares in the right of common ownership of the common property of the owners of premises in an apartment building. Upon receipt by the managing organization, the board of a homeowners' association, a housing or housing-construction cooperative, another specialized consumer cooperative, an appeal in writing, including an appeal using the system, the owner or other person specified in this article, on whose initiative a general meeting of owners of premises in an apartment building, on the provision of a register of owners of premises in an apartment building, these persons are obliged, within five days from the date of receipt of such an application, to provide the owner or other person specified in this article with this register. The consent of the owners of premises in an apartment building to the transfer of personal data contained in the register of owners of premises in an apartment building, when this register is provided in the manner prescribed by this part, in order to convene and organize a general meeting of owners of premises in an apartment building, is not required.

4. The owner, another person specified in this Code, on whose initiative a general meeting of owners of premises in an apartment building is convened, are obliged to inform the owners of premises in this house about 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.

5. The notice of holding a general meeting of owners of premises in an apartment building must contain:

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

2) the form of holding this meeting (in-person, absentee or in-person voting);

3) the date, place, time of this meeting or, in the case of holding this meeting in the form of absentee 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.

6. Owners who have at least ten percent of the votes of the total number of votes of the owners of premises in an apartment building have the right to apply in writing to the managing organization or the board of a homeowners' association, housing or housing construction cooperative, other specialized consumer cooperative to organize a general meetings of owners of premises in an apartment building. In the application for holding a general meeting of owners of premises in an apartment building, issues to be included in the agenda of the meeting should be formulated. At the request of the owners, the managing organization, the board of a homeowners' association, a housing or housing-construction cooperative, or another specialized consumer cooperative are obliged to take the measures necessary for holding a general meeting of owners of premises in an apartment building within forty-five days from the date of receipt of the application, but no later than less than ten days before the date of the general meeting, notify each owner of the premises in this house of this general meeting in the prescribed manner, as well as draw up the necessary documents based on the results of this general meeting and ensure that they are brought to the attention of the owners of the premises in this house in the manner installed .

7. A general meeting of owners of premises in an apartment building may be convened at the initiative of the managing organization that manages this apartment building under a management agreement. At the same time, the agenda of such a meeting may include issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building.

Commentary on Article 45 of the LC RF

1. The rules for holding a general meeting of owners of premises in an apartment building were first established in Art. 45 of the Code. The imperative norm of part 1 of this article establishes the legal obligation of the owners of premises in an apartment building to hold an annual general meeting annually. Please note that the Code does not contain a legal mechanism to ensure that the owners fulfill this obligation. The general meeting is not held in the cases specified in.

2. The general meeting of owners of premises in an apartment building can be either regular (held once a year) or extraordinary (convened at any time at the initiative of any of the owners of residential or non-residential premises of an apartment building). Note that the right of any of the owners of the premises in the house to initiate the convocation of a general meeting is in no way connected with the size of the total area of ​​the premises belonging to him.

Persons who are not owners of premises in the relevant apartment building are not entitled to initiate the convocation of a general meeting of owners of premises in this building.

Both regular and extraordinary general meeting of owners of premises in an apartment building can be held by:

a) the joint presence of the owners of premises in this building to discuss agenda items and make decisions on issues put to a vote;

b) conducting absentee voting - transferring to the place or address indicated in the notice of the general meeting of owners of premises in an apartment building, in writing, the decisions of the owners on the issues put to the vote (see).

Regardless of whether the meeting is ordinary or extraordinary, it has the powers established in the Code (see also the commentary to this article). At the same time, it is hardly advisable to submit issues that are usually considered at the annual general meeting of owners of premises in an apartment building for consideration by an extraordinary general meeting.

The Code does not define cases when an extraordinary general meeting of owners of premises is held. Therefore, an extraordinary meeting may be convened in any case if such a meeting is required by the common interests of the owners of premises in an apartment building, the interests of a group of these owners, or the interests of at least one such owner.

It should be assumed that the costs of preparing and convening an extraordinary meeting are borne by its initiator. At the same time, the Code does not contain a prohibition on the subsequent reimbursement of the specified expenses to the initiator of an extraordinary meeting by decision of the general meeting of owners of the premises from the sources determined by such a decision.

3. All owners of premises in an apartment building have the right to participate in the general meeting, regardless of the size of the total area of ​​the premises owned by each of them. Therefore, at the general meeting, all owners of premises in an apartment building have the right to be present with a decisive vote and participate in the discussion of agenda items.

The fact of participation in the meeting is of practical and legal importance, since depending on the number of participants in the general meeting, the following is determined: a) the presence or absence of a quorum necessary for decision-making (see part 3 of article 45 of the Code); b) a simple or qualified majority of votes cast for a particular decision (see Part 1 of Article 46 of the Code). If the owner of the premises did not participate in the meeting, then he has the right to appeal to the court the decision taken by the general meeting of the owners of the premises in violation of the requirements of the Code (see Part 6 of Article 46 of the Code).

The quorum provided for in Part 3 of Art. 45 of the Code, determines the eligibility of both a general meeting held in the form of joint attendance and a general meeting held in the form of absentee voting. In this case, the quorum at the general meeting held in the form of absentee voting is established subject to the provisions of Part 2 of Art. 47 of the Code: those who took part in such a meeting are considered to be the owners of premises in an apartment building, whose decisions were received before the deadline for their acceptance.

It is advisable to pay attention to the fact that at the general meeting of owners of premises, shares in the ownership of common property, and not the persons who own them, actually vote: the number of votes that each owner of premises in an apartment building has at a general meeting of owners of premises in such a house, in proportion to his share in the common ownership of common property in this house (see). Taking into account this circumstance, the presence of a quorum, provided for in Part 3 of the article under consideration, should be determined.

4. In part 4 of Art. 45 of the Code imperatively establishes the obligation of the initiator of the general meeting to personally notify all owners of premises in an apartment building of the meeting within the period specified in this part. Unless a decision of the general meeting of the owners of the premises establishes another method of notification (for example, sending a text message by e-mail, fax, etc.), then it is carried out by sending each owner a registered letter containing the information specified in Part 5 of Art. 45 of the Code. The said notice may also be handed over to each owner personally against receipt or posted in the premises of the building, known and accessible to all owners, which must be determined by a decision of the general meeting of owners of premises in an apartment building.

It seems that the norms under consideration actually regulate relations related to the convening of an extraordinary general meeting of owners of premises in an apartment building, since the annual general meeting is held not at the initiative of a particular owner, but according to the rules established by the owners in accordance with Part 1 of Art. 45 of the Code.

5. The content of the message about holding a general meeting of owners of premises in an apartment building is determined according to the rules of Part 5 of Art. 45 of the Code. The requirements established here apply to the notice of holding both an annual and an extraordinary meeting and cannot be changed either by a decision of the general meeting of the owners of the premises, much less by the initiator of the extraordinary meeting.

Another commentary on Art. 45 of the Housing Code of the Russian Federation

1. General meetings of owners of premises in an apartment building are held annually. Moreover, both the terms and the procedure for their implementation are established by the general meeting. Therefore, at the very first general meeting, it is advisable to approve their procedure and the procedure for absentee voting (Article 47), as well as establish the forms for notification of the meeting (Article 45), minutes of meetings (Article 46), powers of attorney for voting (Article 48) etc.

2. Decisions of the general meeting are documented in minutes. The meeting is not entitled to make decisions on issues not included in the agenda of this meeting, and also change the agenda of the meeting (Article 46 of the LC RF).

3. In addition to the annual general meetings of owners, extraordinary meetings may be convened. Extraordinary meetings are convened at the initiative of any owner. The initiator bears the burden of preparing the meeting (part 4, article 45).

According to part 4 of the commented article 45 of the LC RF, each owner must be notified of the convening of the general meeting 10 days before the day it is held by registered mail, unless a different notification procedure is provided for by the decision of the general meeting; information about the general meeting can be posted in public places (for example, on a board near the entrance to the entrance), etc.

A notice that a general meeting of owners of an apartment building has been appointed must contain:

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

information on the form of holding this meeting (meeting or absentee voting);

the date and time of the general meeting;

the deadline for accepting decisions of owners on issues put to vote in absentee voting, the place or address where such decisions should be submitted;

the agenda for that meeting;

the procedure for getting acquainted with the information and (or) materials that will be presented at this meeting, the place or address where they can be found (part 5 of article 45).

4. The meeting has a quorum, i.e. it is authorized to make decisions if the owners of the premises in this house (or their representatives) who have more than 50% of the total number of votes () participate in it.

• Up

The general meeting of owners is the main governing body of an apartment building. However, owners often underestimate the importance of its importance and the need to strictly comply with the law during its implementation. In this article, we will look at how to do it.

Initiation of a general meeting of owners

The owners of premises in an apartment building are required to hold an annual general meeting of owners of premises in an apartment building. The terms and procedure for holding the annual general meeting of owners of premises in an apartment building, as well as the procedure for notification of decisions taken by it, are established by the general meeting of owners of premises in an apartment building.

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In addition to the annual general meeting, general meetings of owners of premises in an apartment building are extraordinary and may be convened at the initiative of any of these owners.

1. The owners of premises in an apartment building are obliged to hold an annual general meeting of owners of premises in an apartment building every year. Unless otherwise established by the general meeting of owners of premises in an apartment building, the annual general meeting of owners of premises in an apartment building is held during the second quarter of the year following the reporting year, in the manner prescribed by this article.
2. In addition to the annual general meeting, general meetings of owners of premises in an apartment building are extraordinary. An extraordinary general meeting of owners of premises in an apartment building may be convened at the initiative of any of these owners.
…
6. Owners who have at least ten percent of the votes of the total number of votes of the owners of premises in an apartment building have the right to apply in writing to the managing organization or the board of a homeowners' association, housing or housing construction cooperative, other specialized consumer cooperative to organize a general meetings of owners of premises in an apartment building.
7. A general meeting of owners of premises in an apartment building may be convened at the initiative of the managing organization that manages this apartment building under a management agreement. At the same time, the agenda of such a meeting may include issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building.

So, first you need to decide whether the regular or extraordinary meeting should be held. It should be borne in mind that the topics of extraordinary meetings are not limited, and any decisions that comply with the law can be made at them.

The General Meeting may be convened on the initiative of:

• any of the owners;
• at the initiative of the managing organization;
• at the initiative of the HOA or housing cooperative;
• management organization, homeowners' association, housing cooperative or other specialized cooperative upon written request of the owners, who own at least 10% of the votes.

You also need to decide in what form the meeting will be held:

• in person - the owners jointly attend the meeting, discuss the agenda and make decisions;
• in absentia, by poll - the joint presence of the owners is not expected.
• in person and in absentia - the owners are present at the meeting, discuss the agenda, while maintaining the possibility of transferring the decisions of the owners on time and at the place specified in the notification.

Preparing for the meeting

It is necessary to formulate the agenda of the general meeting. At the same time, it should be taken into account that after the agenda is formed, the meeting is appointed and the owners are notified, it is impossible to change the agenda. The meeting cannot make decisions on issues not included in the agenda.

When holding a full-time or face-to-face meeting, it is necessary to select candidates for the counting commission, the secretary and the chairman of the meeting.

When holding an absentee meeting, it is also necessary to determine the time and place (address) for the transfer of decisions by the owners.

For any form of meeting, it is necessary to prepare a register of owners, forms for decisions on agenda items, protocol forms and an information message about holding a general meeting of owners.

The register of owners can be obtained from the Criminal Code, the board of a partnership or cooperative:

Article 45

3.1. The managing organization, the board of a homeowners association, a housing or housing-construction cooperative, or another specialized consumer cooperative are obliged to maintain a register of owners of premises in an apartment building, which contains information that allows the identification of the owners of premises in this apartment building (last name, first name, patronymic (if any) the owner of the premises in the apartment building, the full name and main state registration number of the legal entity, if the owner of the premises in the apartment building is a legal entity, the number of the premises in the apartment building owned by an individual or legal entity), as well as information about the size of their shares in the right of common ownership of the common property of the owners of premises in an apartment building. Upon receipt by the managing organization, the board of a homeowners' association, a housing or housing-construction cooperative, another specialized consumer cooperative, an appeal in writing, including an appeal using the system, the owner or other person specified in this article, on whose initiative a general meeting of owners of premises in an apartment building, on the provision of a register of owners of premises in an apartment building, these persons are obliged, within five days from the date of receipt of such an application, to provide the owner or other person specified in this article with this register. The consent of the owners of premises in an apartment building to the transfer of personal data contained in the register of owners of premises in an apartment building, when this register is provided in the manner prescribed by this part, in order to convene and organize a general meeting of owners of premises in an apartment building, is not required.

Notice to Owners

Next, you should notify each owner of the meeting. This must be done at least ten days before the event, so the deadline should be determined with some margin. In the event that the method of notification has not been previously determined by the general meeting, then you must either deliver the notification against receipt or send it by registered mail. It is possible to inform about the upcoming meeting by an announcement in the entrance or in another place if such a place is determined by the general meeting.

Please note that it is the homeowners who need to serve the notice, not family members or tenants.

Article 45

4. The owner, another person specified in this Code, on whose initiative a general meeting of owners of premises in an apartment building is convened, are obliged to inform the owners of premises in this house about 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.

In the notice of the general meeting, it is necessary to indicate information about the initiator of the general meeting, the form, date, place and time of the meeting, the agenda, the procedure for familiarizing with the information and materials that will be presented at the meeting. In the case of holding a general meeting in the form of absentee voting, the notification shall indicate the deadline for accepting decisions of owners, the place or address where decisions should be transferred.

Holding a general meeting

Registration of results

Article 46. Decisions of the general meeting of owners of premises in an apartment building

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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.

The minutes of the general meeting shall indicate:

• Title of the document,
• date and registration number of the protocol,
• date, place of the general meeting,
• header to the content part of the protocol,
• content of the protocol
• agenda,
• the presence of a quorum
• the number of votes for each issue,
• place (address) of storage of protocols,
• list of applications (if indicated in the content part of the protocol),
• signatures of the chairman of the meeting, secretary of the meeting, members of the counting commission.

Notice of decisions of the general meeting

After registration of the results, it is necessary to notify the owners, the Criminal Code, the housing cooperative or the HOA and the supervisory authorities about its results.

The originals of decisions and minutes no later than ten days from the date of the general meeting are sent to the managing organization, the board of the HOA, housing cooperative, with a direct method of managing the house - to the housing supervision body.

The managing organization, the board of the HOA, the housing cooperative, within five days from the date of receipt of the said original decisions and the protocol of the general meeting of the owners of the premises, are obliged, in the manner prescribed by law, to send them to the state housing supervision body for storage for three years. Owners will be able to receive copies of the documents submitted to the supervisory authority upon request.

The owners of MKD are notified of the decision by posting a message in the place determined by the decision of the general meeting.

The decision of the general meeting is binding on all owners of premises in the MKD, including those who did not vote.