Full time correspondence assembly of the owners of the LCD RF. Instructions for conducting an OSS in the form of an interconnectional vote

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

Distinction between voting forms

According to federal regulatory acts, if the HOA was elected as a method for managing MKD, then all decisions taken as part of general Assemblymust pass in several forms:

open voting;
half-closed will.

If an internship is applied, then in this case some owners can directly and not be at the meeting for one or another circumstances. To clarify their decision on the agenda, an additional personal survey is performed, where their opinion is found.

The decision of the General Assembly can also be delivered to them.

Order of conduct

It seems possible to distinguish several steps in this form:

Preparatory.

At this stage, the document is issued that marks the agenda. There are indicated questions submitted to vote, the place of its holding, the responsible person and other of the most important housing aspects.

The direct process of filing and counting votes.

When choosing a part-time voting form, it is necessary to take into account that it is advisable to apply it in those situations when it is necessary to dial at least two third votes or quorum. As a rule, such a need arises in determining the housing and communal management scheme, refinement of financial issues, etc. Full-time voting is carried out in an open way, in line with federal state legislation. To do this, counts the votes of those present at a specific address at a certain time.
Absentered is carried out, as a rule, after full-time. This is a kind of survey. Also on such a vote, citizens necessarily notify the decision taken as part of an open survey.

Registration of results.

The results of internally absentee voting are issued by a document that should be in public access. There is indicated by the number of participants, the acts adopted during the questionnaire establishes the organizational issues and the responsible initiator of the plebiscite is noted. Also in this document, the number of votes both "for" and "against" a question that was submitted to the agenda was reflected.

Organizational question in part-time form

Since the part-time form is quite specific, in the agenda standards published before the meeting, it is necessarily indicated by the regulation of its holding, during which date the full-time and correspondence part will be carried out and other substantive issues. All this is necessary in order for the meeting to be recognized as legitimate, and carried out in accordance with the legislation of Russia.

Dates of absentee voting in an apartment building

The main regulatory legal act regulating the activities of the HOA is the LCD of the Russian Federation. It is there that all the essential aspects of meetings are reflected. A significant omission in modern right is that it does not define the date in the form of initial and final periods of absentee voting.

Based general meaning Civil law, it should occur within a reasonable time. As a rule, in the notification of the meeting, the date of receipt by the authorized body necessary from the tenants of the ballots.

Is it possible to conduct correspondence vote without

Such an opportunity is allowed in accordance with Russian legislation. Forwarding voting, as an independent form of a general meeting of owners can be implemented, as a rule, according to the unique organizational issues, in line with the law or the Charter of the Organization, more than half of the votes of residents are required. As a rule, such meetings in the household of residents occur rarely. This is due to the fact that in the subsequently they can easily be challenged in court.

Registration of results

When implementing the HOA policy in the form of full-time, absentee or at the same time two of these voting forms, the executive body of the cooperative at the end of the counting of votes issues a special act called by the Protocol. It reflects:

in what field of activities of HOA was made question
what decision was taken when they are subject to work out;
whether there was a place in parallel to conduct several forms of voting;
what was the participation, the order of voting, etc.

This act is signed by the Chairman of the HOA.

In that situation, if it reflects unreliable information or it affects the rights and legitimate interests of others, it can be appealed both in the HOA itself and in state body Authority, carrying out control and supervision of housing and communal sphere.

Protocol of the General Assembly of Owners in Personal Form: Sample

The protocol is written actin which it must be reflected:

The name of the body held this meeting, its full brand name and legal address.
Date of announcement of the story of the day.
What kind of voting was held.
What theses and suggestions were expressed by tenants.
The order and timing of both full-time and correspondence part.
The number of votes of tenants.
Acts adopted during the meeting.
The date of the protocol and the signature of the Commissioner.

Sample decision of the owner in full-time voting

In that situation, when there was not the usual, but in part-corresponding vote, the owner, not participating in an open form, can express his decision in writing. It must necessarily be indicated, on what question he sends his answer, his place of residence, surname, name and patronymic, as well as the date of signing the act.

Rnock sample ⇐

Not later than ten days from the date of the immediate meeting, the bodies with special competence must fulfill their duty to notify citizens living in apartment house, About voting results. All protocols and acts must be in open access! For example, on the organization's website or on the information booth.

For refusal to provide the requested information, the perpetrators can be attracted to administrative responsibility. In case of detection of fraudulent component, criminal liability may come.

Thus, the law allow for making decisions in two parts - full-time and correspondence formas At the same time. In both cases, receiving decisions should occur in the manner and according to the rules provided for by the current Russian legislation.

Now general meeting of owners The premises in an apartment building can be carried out in part according to the FZ No. 176 of June 29, 2015. In fact, earlier the assembly of tenants were often held in such a form, since it was rare who managed to collect all the owners of the premises in the MCD personally in one place and at the same time.

Therefore, they acted in this way: first they conducted a full-time vote, and then due to the lack of a quorum at the previous time the form of absentee voting was carried out on the same agenda. In other words, the General Assembly of the MKD residents was secretly so carried out in the form of an internally absentee voting. However, this form has its own distinctive features from consistently conducted by full-time and correspondence forms of the assembly of residents.

Differences

The key difference in the part-time form from the voting is first over full-time, and then the integrity of the action acts on correspondence. Thus, these are not 2 different collections carried out consistently for reasons of the need for a quorum, and a single event consisting of 2 parts. In addition, the law is not prohibited by the meeting in part-time form simultaneously in 2 schemes, that is, it can not be carried out in stages, but in parallel in the form of the immediate presence of tenants and in the form of correspondence voting. At the same time will be taken into account, counted together and decorated in 1 oSS protocol All without exception, full-time and correspondence votes of owners. And with other forms of the general meeting, 2 individuals will be issued.

A pleasant moment is the fact that it does not matter, it has fallen or not quorum in full-time voting, since all full-time and correspondence voices are summed up. And only at the end of both forms of the meeting, a vote is calculated to determine the presence of a quorum.

Thus, decisions for which at least 2/3 of the votes of tenants should be given to be given and will have to meet again. In such a situation, the part-time form of the assembly has a significant advantage and is the optimal option for making decisions of residents at home.

In the LCD of the Russian Federation introduced new form General Assembly - part-time. A number of housing specialists have created an opinion that, in fact, nothing new did not appear, because before that the meeting was rarely managed to spend in full-time, while the conduct of immediate voting is unacceptable. Therefore, the overwhelming part of common assemblies passed according to the scheme: first the full-time form on which it is very rare to collect the quorum, then the correspondence form along the same agenda. That is, in fact, the general meetings of the owners of the MKD premises have been conducted, one can say, in person. Let's try to figure out what the differences of the new form of general meetings from the previously existing scheme of the full-time assembly, and then correspondence voting.

The most important difference between the part-time form from the scheme of the general meeting first in full-time, and then in correspondence form is the integrity of the event, that is, these are not two collections, but one consisting of two parts. It would be possible to say that it consists of two stages, but there is one essential detail - the legislator does not prohibit a meeting in part-in-block form simultaneously in two formats! That is, the part-time collection can not be carried out in stages, but at the same time in the form of a joint full-time presence of owners, and in the form of absentee voting, and processes can go in parallel, with the voices of owners will be taken into account together.

Part 3 of Article 47 of the LCD of the Russian Federation literally establishes: " The general meeting of the owners of premises in an apartment building can be held through an internship vote, which provides for a full-time discussion of the issues of the agenda and decision-making on issues posed on the vote, as well as the possibility of transferring solutions to owners in set time In place or at the address that are listed in the report on the general meeting of the owners of the premises in an apartment building».

The requirements for the quorum and the procedure for notifying the owners of the MKD premises about the upcoming meeting are regulated by Article 45 LCD RF. The general meeting of the owners of premises in an apartment building is competent (has a quorum) if the owners of the premises in this house or their representatives who have more than fifty percent of the votes from the total number of votes took part in it (part 3 of Article 45 of the LCD RF). The initiator of the meeting is obliged to inform the owners of the premises in this house on holding such a meeting no later than ten days before the date of its holding. At the specified period, a report on the general meeting of the owners of the premises in an apartment building should be sent to each owner of the premises in this house by registered mail, if the decision of the general meeting of the owners of the premises in this house does not provide for a different way of sending this message in writing, or awarded to each owner of the premises In this house, the painting is either placed in the premises of this house, determined by such a solution and accessible to all owners of the premises in this house (part 4 of Article 45 of the LCD of the Russian Federation).

It is necessary to recall that the holding of an annual general meeting is the obligation of exclusively owners (part 1 of Article 45 of the LCD of the Russian Federation), while in addition to the annual meeting, it is possible to conduct an unlimited number of other meetings that will be extraordinary. The initiator of the General Assembly can act as any of the owners and the management organization (Ch. 7 Article 45 of the LCD of the Russian Federation).

Requirements for the content of the report on the conduct of the General Assembly are established by part 5 of Article 45 of the LCD RF.

Taking into account the fact that the part-time form assumes both in full-time, in a correspondence vote, in a meeting of the meeting, you must specify two dates - the date of full-time voting and the date that decisions are made by the owners voting in correspondence form ( unlike the scheme of the two assembly assemblies - first in full-time, and then in absentia. Two meetings imply the presence of two messages about their conduct, and the message about the conduct of absentee voting should be sent after full-time, if there was no quorum). Of course, to both of these dates should be at least 10 days from the date of receipt by the owners of messages (or place these messages in the established locations). The agenda is set uniform for both forms of voting.

The sequence of the full-time and correspondence part of the internal absentee assembly is not regulated - that is, both forms can be carried out as consistently (for example, first full-time, then correspondence), and in parallel (the same date of the full-time form of a meeting and ending decisions in absentia), and even Full-time form may be "inside" by correspondence (when the start date of the reception of correspondence solutions is established earlier than the date of the full-time meeting, and the end date of receiving correspondence decisions later the date of the full-time assembly). Nevertheless, it seems reasonable to establish the deadline for the decisions of the decisions of the owners who vote in absentia after the vote in full-time form. In this case, the meeting will be more "manageable", that is, the initiator will clearly understand how many owners voted in part, how many votes are not enough to quorum (or the quorum is already assembled), and quickly monitor the results of the voting with each owner's decision. At the same time, the fact of the presence or absence of a quorum is at the full-time part of the meeting, since the "full-time" and "correspondence" voices are developing, and only at the end of both forms of the meeting, participants count to determine the presence of a quorum.

Especially relevant internally correspondence form when considering issues on which it is necessary to make decisions of 2/3 of the votes of owners (Parts 1-3.1, 3.2-3.5 of Art. 44 LCD RF). In the case of a meeting on such issues, first in full-time, and then in absentia, a situation is possible, at the infinite assembly, an individual with more than 50%, but less than 2/3 of the votes took part. In this case, the full-time assembly took place, the quorum is there, therefore, the correspondence vote cannot be carried out. At the same time, the decisions for which at least 2/3 of the votes of the owners should be given, they cannot be accepted! The part-time form of the OSS from such a significant disadvantage is delighted.

Decisions of the general meeting of the owners of premises in an apartment building are issued by protocols in accordance with the requirements established by the federal executive body carrying out functions for developing and implementing public Policy and regulatory regulation in the field of housing and communal services ( such an organ is MinStroy Russia). Solutions and minutes of the general meeting of the owners of premises in an apartment building are official documents as documents certifying the facts that entail legal consequences in the form of laying on the owners of the premises in the apartment building of duties regarding common property in a given house, changes in the volume and obligations or liberation of these Owners from duties, and subject to accommodation in the face, initiated a general meeting. Copies of decisions and minutes of the general meeting of the owners of premises in an apartment building are subject to obligatory submission of a person, on the initiative of which the general meeting was convened, to the management organization, the board of the partnership of the owners of housing, housing or housing cooperative, other specialized consumer cooperative no later than ten days After the general meeting of the owners of the premises in an apartment building (part 1 of Article 46 of the LCD of the Russian Federation).

It should be noted that with a part-time form, the "full-time" and "correspondence" voices are summed up, and the protocol is issued one! But when you hold two collections in full-time and correspondence forms, the participants of the various meetings cannot be summed, and the protocol is drawn up two - for each of the assembly separately.

Performers communal services In accordance with part 1.1 of Article 46 of the LCD of the Russian Federation within five days from the date of receipt of copies of decisions and minutes of the General Assembly of the Owners of the premises are obliged in accordance with the procedure established by the Federal Executive Authority, which performs functions to develop and implement public policy and regulatory regulation in the field of housing and communal services, send copies of the specified solutions and protocols, including using GIS Housing ... , in the body of the state housing supervision for storage for three years.

ATTENTION!

You can purchase access to watching a seminar video, during which an expert O.E. Yajdyev gives detailed explanations of the procedure for holding general meetings as owners of the MKD premises and members of the HOA, and the ECC. All access acquirements are additionally provided with a package of materials, including regulatory legal acts, document templates (including the new form of the OSS protocol according to the order of the Ministry of Passion from Russia of 25.12.2015 N937 / PR), presentation to the seminar.

Detailed program, the conditions for purchasing access to viewing and execution of the application are available.

When carrying out a general meeting of the owners of premises in an apartment building through absentee voting (hereinafter referred to as the correspondence General Meeting), it should be borne in mind that all the provisions of ch. 6 of the Housing Code of the Russian Federation in Parts concerning the general meetings of the owners of premises in an apartment building, taking into account the features established by the Housing Code of the Russian Federation.

Conducting a correspondence General Meeting is possible only if the general meeting of owners does not take place due to the lack of quorum. At the same time, only those issues that were included on the agenda of the failed full-time General Meeting were included on the consideration of the correspondence of the General Assembly (part 1 of Article 47 of the Housing Code of the Russian Federation).
Thus, the basis for the correspondence General Meeting can be an act that the fact that the full-time general meeting did not take place.
Correspondence General Assembly is carried out by transferring to a place or at the address that are indicated in a report on the general meeting of the owners of premises in an apartment building, decorated in writing decisions of owners on issues posed on vote (Part 1 and 3 of Art. 47 of the Housing Code of the Russian Federation) .
Preparing for the correspondence General Assembly involves the preparation and direction of the owners of the premises, reports on the commissioning of the correspondence General Meeting of the method specified to send reports on the full-time General Assembly (an exemplary sample of the report on the commissioning of the correspondence General Meeting is given in Appendix 11).
Instead of information about the time and place of the Family Assembly, a message on holding a full-time meeting, in a report on holding a correspondence meeting, it is necessary to specify the place or address on which the decisions of the owners must be transferred and the date of the end of the reception of such decisions. In addition to this information, it is necessary to indicate the need for an application to solve the owner of copies of documents confirming the ownership of the face to the premises in the house, copies of documents certifying the identity of the owner and its representative, as well as a power of attorney to the representative in the event of a decision by the representative of the owner.
According to Part 3 of Art. 46 of the Housing Code of the Russian Federation, in solving the owner on issues posed on the vote, should be indicated:
1) information about the person participating in the voting;
2) information about the document confirming the ownership of the person who participates in the voting to the room in the relevant apartment building;
3) Solutions for each issue of the agenda, expressed by the wording "for", "against" or "abstained".
Thus, the report on holding a general meeting of owners must be applied except for documents whose approval is planned by the decision of the General Assembly, the draft decision of the owner. The draft decision of the owner is recommended to issue analogously to the voting sheet during a full-time General Meeting (see section IV), taking into account these requirements of the law (an exemplary sample decision of the owner is given in Appendix 12).
In the case of a general meeting, an initiative group of owners as a place to be transferred to the decision of the owner, the address of the apartment of one of the members of the initiative group can be indicated. In the case of a general meeting of the management home of the Organization, it is possible to indicate the address of its actual finding or finding it separed division In this house. When organizing and conducting a meeting with a specialized organization (for example, a law firm), a place of actual finding of such an organization can be indicated as an address of the direction of decisions of owners. The date that is accepted from the owners of the premises in the house of their decisions, should be established taking into account the actual opportunity, including those who do not live in the house of owners, to prepare and send their decisions to the meeting, considering also the delivery time letters by mail.
In order to promote participation in the meeting of the maximum number of owners, the meeting organizers during the period of time allotted for the adoption of decisions and transfer them to the place (at the address) specified in the absentee meeting, can be traversed for additional advice of owners on the agenda items Assembly, assistance in making decisions of owners, as well as to transfer their solutions to a place (at the address) collection of solutions of owners.
The design of the results of the correspondence General Meeting, in general, does not differ from the execution of the results of the full-time General Meeting (an exemplary sample of the Protocol of the correspondence General Assembly of Owners is given in Appendix 13, the act that the full-time general meeting did not take place - in Appendix 14). A feature of the registration of the results of such a meeting is to sign the protocol of the General Assembly of Owners by all owners in the event of the establishment of HOA and the approval of its statute, as well as if such a requirement is made to the issuance of the Protocol with the decision of the General Assembly of Owners.
In this case, the meeting organizers must ensure the signing of such a protocol by all owners who participated in the voting, or owners who have voted for the creation of HOA and approval by its Charter. The specified requirement can be implemented by posting ads in the public premises of the house with an indication of the period of time and place in which it is necessary to appear to the participants of the meeting to sign the protocol, or by circumventing the organizers of the meeting of the meeting participants.
In other cases, it is possible to sign the protocol by the persons specified in the general meeting adopted by the General Assembly. As a rule, as such persons, the initiator of the meeting, the Chairman of the Assembly and the Secretary of the Assembly are indicated. Decisions on the agenda items are recommended to be stored with the Protocol of the General Assembly.

I hope that helped you.

Now general meeting of owners The premises in an apartment building can be carried out internally abroad according toFZ №176 dated 06/29/2015 . In fact, earlier the assembly of tenants were often held in such a form, since it was rare who managed to collect all the owners of the premises in the MCD personally in one place and at the same time.

Differences

Despite the fact that full-time and correspondence voting can be carried out simultaneously with the form of an interconnection assembly, it is advisable to determine the end time of the reception of the correspondence solutions of the owners. In this case, the meeting can be controlled and timely monitor whether the quorum from those present personally, as well as take the results of absentee voting together with each owner coming from the owner. A pleasant moment is the fact that it does not matter, it has fallen or not quorum in full-time voting, since all full-time and correspondence voices are summed up. And only at the end of both forms of the meeting, a vote is calculated to determine the presence of a quorum.

Particularly convenient form of the assembly when considering issues on which no less than 2/3 of the votes of residents are required to decide (Part 1.1, 3.2-3.5 of Article 44 of the LCD of the Russian Federation). When a meeting on such issues is carried out first in full-time, and then in correspondence formations, then the situation is not excluded when a quorum has gathered more than 50%, but less than 2/3 of the votes. In this case, the full-time meeting was recognized as a quorum, and permanent voting cannot be carried out. Thus, decisions for which at least 2/3 of the votes of tenants should be given to be given and will have to meet again. In such a situation, the part-time form of the assembly has a significant advantage and is the optimal option for making decisions of residents at home. +

Decisions of the general meeting of the owners of premises in the MCD, as in the previous cases, are issued by the OSS protocols. Solutions and the OSS protocol are official documents, therefore, for their falsification, criminal liability may come (more about this in another article). These documents are subject to mandatory placement in GIS Housing ... The initiator of the General Assembly. Copies of solutions and protocol OSS must be provided management company No later than 10 days after the general meeting (Part 1 of Article 46 of the LCD of the Russian Federation).

Performers of utilities in accordance with Part 1 of Article 46 of the LCD of the Russian Federation within five days from the date of receipt of copies of solutions and the OSS protocol, including using the GIS system of Housing and Communist Party (according to the information disclosure standard), should send them to the GSH body for storage for 3 years.