Facely part-time form of voting of the owners of an apartment building. Full time

Now general meeting of owners Premises B. apartment house It is possible to 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.

Despite the fact that full-time and correspondence voting can be carried out simultaneously in shape internally correspondence assemblyIt is advisable to determine the end time of the reception of 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 it in another

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Question

About the internship form of the general meeting of owners of housing, necessary documents For a general meeting in part-in-block form, counting votes, issues of voting and informing about the decisions taken at such a meeting.

Answer

Part-time meeting is carried out according to the same rules as for full-time, correspondence assembly. The difference is that the discussion is held in part, and decisions are transmitted to the address specified by the initiator.

To carry out a meeting, it is necessary to be guided by the order of the Ministry of Internal Affairs of the Russian Federation of 07/31/2014.

The rationale for this position is given below in the materials "Systems Management McD" .

discuss the issues of the agenda to joint presence and
vote to a survey path.

To spend such a meeting, you need:

shape the agenda;
prepare documents for the meeting;
notify the owners of the meeting;
hold a vote;
define quorum;
calculate voices;
sum up the voting results;
introduce the owners with the results;
send copies of solutions and protocols to GGN authorities *.

Stage 1. Form the agenda

Determine what questions you need to include on the agenda of the meeting. Their wording depends on the purpose of its conduct.

The meeting is not entitled:

make decisions on issues that the agenda does not contain as well
change the agenda.

No you can not.

The period during which the owners should transfer the forms of the Agenda Decisions on the Agenda, establish a report on the General Assembly of Owners in the MCD (). In turn, it does not provide for a change in the message or the timing of the meeting in the course of its implementation. With the ability of the necessary number of votes, you will re-taking a meeting with the previous shortcomings.

Stage 5. Determine the quorum

full-time discussion;
correspondence obtaining solutions of owners at the place and within the time limits that establishes a meeting of the meeting.

If the decision arrived after the date and time of the end of the reception, then the vote of such a owner is not involved in the counting ().

information about the owner;
information on the document, which confirms the ownership of the premises in the MKD;
decisions for each issue of the agenda, expressed by the wording "for", "against" or "abstained".

The decision should sign the owner or his representative who has attached relevant power of attorney.

If the solution contains all necessary information and details, the owner participates in the meeting.

According to the results of the counting of owners, the participants define whether there is a quorum. To do this, use the formula:

The meeting is competent (has a quorum) if owners participate in it, which have more than 50 percent of the votes from their total number. This includes Article 45 of the Housing Code of the Russian Federation.

full-time voting;
absentee voting;
internally absentee voting.

Situation: Whether on full-time discussion of the issues of the agenda in writing declare decisions of owners, if the general meeting of owners is carried out in the form of an interconnectional vote

Yes need.

Decisions of owners at a meeting of the owners of premises in the MKD in the form of an internally absentee voting should be issued in writing, including in full-time discussion of the issues of the agenda. This follows from article 48 of the Housing Code of the Russian Federation.

Situation: The personality form of the general meeting of the owners of the premises in the MKD differs from the correspondence

The main difference is that to conduct a general meeting of the owners of premises in the MCD in the form of a correspondence voting (surveying by or using GIS) is possible only if the meeting was initially not in the form of a joint presence. This requirement has established Article 47 of the Housing Code of the Russian Federation.

The part-time form of the implementation provides for the possibility of a single meeting to make solutions to full-time and correspondence voting methods. At the same time, the voices must be calculated according to both methods ().

Situation: Is it possible to hold a general meeting of owners in the form of an internally absentee voting using GIS Housing

No you can not.

The general meeting of the owners of the premises in the MCD is entitled to make a decision on the use of GIS Housing Housing to conduct correspondence voting ().

Situation: whether the general meeting in the form of part-time vote is competent if the owners who have less than 50 percent of the votes were present

The law does not establish the number of owners of the premises, which should be present in full-time discussion of the Agenda of the General Assembly in the form of part-time-bypass. At this stage there is a sufficient any number of owners.

The eligibility of the meeting determine by summing up the votes of the owners who participated in full-time and absentee voting. This provides Article 47 of the Housing Code of the Russian Federation.

If the owner has chosen more than one option, the solution will be invalid. Voices on this issue do not count. At the same time, such a violation of one or more issues does not entail recognition of the decision as invalid in general ().

If the meeting decides on the issue that is not included in the agenda, this decision will be insignificant ().

Depending on the issue of the agenda, the decision on it is considered adopted if it votes for it:

more than 50 percent of the votes from the total number of votes of the owners of the premises in the MKD - on the issue of choosing a method of formation of the Fund overhaul ();
most of at least 2/3 of the votes from the total number of votes of the owners of the premises in the MKD - on issues provided for by subparagraphs,
general organizational issues (despite the fact that they require a simple, and not a qualified majority).

The form of the meeting define its initiators.

Stage 8. Review the owners with the results of the meeting

Within 10 days from the date of the meeting, the owners are transmitted to the WEV or at the board of the HOA, LCD, HCD:

copies of decisions taken and
a copy of the meeting protocol.

In turn, the WE (the Board of Housing Association) no later than five days from the date of receipt of documents should:

Attention: For fake decisions and protocols of the General Assembly of Owners of Premises in the MCD, the law provides for criminal liability.

For such a crime, the court appoints one of the types of punishments:

restriction of freedom to two years;
forced work up to two years;
arrest up to six months;
imprisonment up to two years.

All owners of housing take part in their management. Some questions can be solved only by residents at home at the total annual or extraordinary meeting. For his holding Housing Code of the Russian Federation (hereinafter referred to as the LCD RF, the Code) established a certain order.

Not all tenants are ready to be present personally at the meeting, therefore the possibility of absentee participation in the event is envisaged. In fact, the tenants vote on the issues of the agenda, and then transmit their decisions to the authorized person. About how the rules are conducted by the correspondence assembly of owners apartment house (hereinafter referred to as MKD), let's tell later.

Meeting initiators are notified of its holding all other owners

Housing owners in the MKD can independently choose the procedure for voting IW to make decisions at the meeting. The code includes only three voting options:

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

Persons who want to collect residents at home to address the issues of management of them must decide on the form of a meeting, the date of its holding, the agenda. Then the initiators of the meeting are notified of its holding all other premises owners in the house. It should be done no later than ten days before the duty of the collection.

Must be drawn up in writing. Unified form This document does not establish, but it is required to include the following data in it:

Information about the initiators of the convening of this meeting.
The form of it.
Date, specific time and place of this meeting. At a correspondence method, the time is indicated that you need to provide your votes, as well as a place to collect votes from all owners of the MCD.
Agenda of this meeting. At the same time, after the transfer of notification to residents at home, it is impossible to change its content. And decision-making on non-submission issues is not allowed.
Order, place and time of familiarization with materials (information) concerning the issues discussed at the meeting.

A notification can also be sent in several ways. One of them is the direction of the document by mail by registered letter with the notice. It can also be handed over to owners in the MKD under the painting. Residents at home can establish other for noticeing about the upcoming meeting. For example, placement on the information booth inside or outside the house. The main thing is that this information has been available to all residents.

The eligibility of the meeting of the meeting

Notify about the upcoming meeting, all owners are required in the MDC, however, it does not require one hundred percent appearance or voices of all residents. The eligibility of the collection decisions depends on the presence (absence) of the quorum.

Quorum is achieved if owners are involved in the voting (personally or through representatives), the number of votes of which exceeds 50 (fifty) percent of the total number of them. If we are talking about the annual outcome meeting, then the lack of a quorum entails his re-convocation.

Solutions on absentee voting

Usually on the OS are taken if there is a quorum (50% of votes). Some questions require more votes (2/3 of the total). With the correspondence method of voting, all residents in addition to the notification are transmitted and the form of solutions for filling.

After filling, it must be transferred to set time In a certain notification place. If the form is filled not by the tenant himself, then you need to attach a power of attorney or other document confirming the authority to sign it.

Requirements for the decision of the residents of the MKD

Usually, writing blanks are provided to express their opinions on the meeting. In them, all owners indicate information about themselves occupied by the premises made decisions. The document must also have a fill date and signature.

Fill out forms (bulletins) follows according to the rules adopted in this MCD. Most often in them, they themselves are indicated by the procedure for expressing their opinions. All questions may be presented in the table in which you need to put a tick (other sign) in the appropriate graph.

Usually in bulletins are presented such options for answers as "for", "against", "abstained." The filled form you need to attach documents certifying the personality of the tenant, its right to the premises occupied. When signing the form, another person needs to confirm its powers.

Copies of decisions taken, protocols should be sent to the Criminal Code, or the ECCD on a ten-day period from the date of the meeting. Instances of these documents should also be kept in a place defined for these purposes by owners. If they are desired, they are entitled to learn all owners in the MKD,

Voting conducted in absentia does not require the personal presence of residents at home. It can be carried out in the usual way or in in electronic format. In the first case, the voting is carried out in the form of a survey. All residents are provided with forms to indicate their opinions on the declared agenda.

These forms are filled and passed to the person who is authorized to collect them. Usually in the document indicates how long it is necessary to make a decision and report its results. At the same time denotes not only the date, but also the time of transfer of the document.

When conducting a voting procedure using automated systems, there are some features. You must choose a person who will be the administrator of such a meeting. About the upcoming meeting, it should be notified in two weeks.

Further, the administrator on the time ten days before the date of its holding places a notice of the correspondence assembly. Solutions can be made by owners in electronic form Either by filling out a form. This vote is from three to five days.

The results of the vote

After receiving filled blanks or answers in electronic form, it is starting to summarize. The Special Commission is calculated by calculations, the composition of which should be determined by the residents of the house. When summarizing, it is important to learn all the forms.

At the same time, the following points should be set:

the number of all filled blanks;
the number of all MKD tenants;
correctness of filling out the form provided;
the presence of the required quorum;
the correctness of the meeting all procedures.

If it is filled incorrectly or not completely filled, then such a voice cannot be accepted. Submitted later than the deadline of the form also can not be taken into account. The voices of the filled persons are not counted.

The results of the meeting carried out to all residents. If desired, they can familiarize themselves with the declared decision, the meeting protocol and the results of calculations. After all, copies of documents should be stored in the place installed for this.

If, when voting in a form, violations are made in the form of one of the questions, it does not entail the automatic recognition by invalid the remaining items. Therefore, various number of votes can be counted on various issues.

Registration of accepted solutions

After summarizing, all adopted valid OS decisions must be decorated. All decisions are entered into a written document. The protocol of the Provisional Assembly acts in his role.

This document should reflect the following information:

name, date, specific and place of the OS;
initiators of its convocation;
the number of those present (voting) participants;
secretary and Chairman of the Assembly;
issues issued on the vote;
the presence (or absence) of the required quorum;
the results of the voting;
accepted on the solutions;
signatures of the secretary, as well as the chairman of the OS.

The original protocol is stored in a certain residential location. Its copy should be sent within the five-day period of the Criminal Code, HOA or HCC. These organizations, in turn, should transfer a copy of this document to housing supervisory authorities.

There, the specified protocol will be kept over the next three years. Approved solutions are mandatory for execution by persons who have property in the MCD. This rule applies even when they did not participate in the operated OS.

Output

Residents who own apartments (other premises) in the MCD should be made by the house. All decisions should be made in a special order in compliance with the requirements of the LCD of the Russian Federation. OS can be carried out by absentee decision-making on agenda.

The results of the operated OS are drawn up by the written protocol. Decisions are considered valid in the presence of a sufficient number of votes. They are mandatory for all MKD tenants, even those who did not vote at all.

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

General meeting of the owners of premises in the MKD According to Part 1 of Article 44 of the Housing Code of the Russian Federation, recognizes the house management body. The general meeting is held to ensure that the management company, together with the owners of housing, is able to discuss a number of topical issues and issues of the agenda, by voting and decision making.

The general meeting of owners of housing can be carried out in three forms (Art.44.1 LCD RF):

· internally absentee voting - Using the GIS Housing LCD system (part 3 of Article 47 of the LCD RF). The decision to use GIS Housing and Public Ups in the form of correspondence voting is made by the general meeting of the owners of the premises (paragraph 3.2 part 2 of Article 44, Part 1 of Article 47.1 of the LCD of the Russian Federation).

When and for what you need to conduct an OSS in the form internally absentee voting of owners? After all, for this there are separate forms of full-time and absentee voting. The whole thing is that both of these forms do not always bring the result, since it is often simply not gaining a quorum for making important decisions at the general meeting of owners of housing.

The part-time voting combines both forms of the OSS and allows one to discuss the issues of the agenda and make decisions on them, as well as transfer the decisions of housing owners by absentee voting within the set deadline to the address specified in the event notice (Part 3 Art.47 LCD RF). Read more about this in our article.

It is convenient because if the correspondence part of the vote did not get a quorum for making decisions on the issue set on the agenda, it can be reached by absentee voting. Especially actual employment of voting owners of housing When considering the issues of the agenda, which requires decisions of 2/3 of the votes of the owners of the premises in the MCD (parts 1-3.1, 3.2-3.5 of Article 44 of the LCD of the Russian Federation). For example, it may be financial issues related to lending or the need to revise tariffs, carrying out the improvement of the local area.

Step-by-step instructions for conducting an OSS in

Any OSS begins with an announcement of the event and convening the owners of housing on it. We also remind you that it is necessary in the second quarter of each year should be held annual General Assembly (Part 1 of Article 45 LCD RF). In addition to him, at the initiative of the management company, housing owners or the initiative group in the MKD can be collected extraordinary OSS (Part 2, 6 and 7 Article 45, as well as paragraph 8 of Article 148 of the LCD of the Russian Federation).

Formulate the ASS agenda, decide on the shape of the vote (full-time, correspondence or part-time). For employment of voting The agenda must be united for both forms.

For full-time or part-time voting form, select the time and place of the OSS to discuss issues. Prepare an informational message on the general meeting of the owners of the housing (order of the Ministry of Instruction No. 411 / PR from 31.07.2014). You will also need blanks oSS protocol, Register of the owners of premises in this MKD, forms of decisions on agenda items.

You must notify each owner of the room in this apartment building through a written notice to the painting, directions to its address of a registered letter or placement on the information board in an accessible place for all residents 10 days before the date of the General Assembly (Part 4 of Article 45 of the LCD RF ).

The OSS report should have complete and reliable information about the initiator of the general meeting, the form of voting, date, place and time of the event. The notification should also contain obligatory Agenda issues, the procedure for familiarizing participants with information and materials that will be presented at the event. When carrying out a general meeting in in the form of an internally absentee voting In addition, it will be necessary to indicate the end date of the reception of the owners of the housing, a place or address where these decisions should be sent (Ch. 5 of Article 45 of the LCD of the Russian Federation). one

When conducting an OSS in the form of an interconnectional vote using GIS Housing ... In addition, you need to specify 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 beginning and end of the voting, the procedure and procedure for receiving the administrator of the OSS written decisions of the Housing owners on the agenda items (part 4 of Article 47.1 of the LCD of the Russian Federation) is indicated.

Employment of voting owners of housing It assumes both full-time, a correspondence vote, therefore, in a general meeting, you must specify 2 dates: the beginning of full-time voting and time that decisions are made by the owners of voting in absentia. Both dates are appointed 10 days before the owners of housing will receive notifications.

The sequence of the full-time and part-time part-time voting is not defined, so both forms can be carried out both in series and in parallel, or even one form may be "inside" another. The last option is possible if the date of the beginning of the reception of the correspondence solutions has been established ahead of the full-time meeting, and the end date of the reception of correspondence decisions, respectively, later the date of the full-time meeting.

When carrying out a general meeting in in the form of an internally absentee votingParticipants should be given the opportunity to discuss the issues of the agenda and passing the voting blanks within the deadline for the place or at the address specified in the notification (part 3 of Article 47 of the LCD of the Russian Federation).

Voting using GIS Housing and LCD is carried out by the owners of the premises in the McD personally with an indication of the decision on each issue of the agenda in electronic form. Also possible transmission of solutions to the OSS administrator in writing to the date and time of the end of the voting (Ch.6 6 Article 47.12 of the Russian Federation).

OSS decisions on agenda items are accepted by a majority vote from the total number of owners of housing participating in the meeting (Part 1 of Article 46 of the LCD of the Russian Federation). The exceptions are decisions that are made by a majority of at least 2/3 of the votes from the total number of owners of the premises in the MCD (PP.1 - 3.1 of Part 2 of Article 44, Part 1 of Article 46 of the LCD of the Russian Federation).

The OSS solution is drawn up by the Protocol (part 1 of Article 46 of the LCD of the Russian Federation). With the part-time form of the meeting, full-time and correspondence voices are summed up, therefore the OSS protocol is issued one. Solutions I. oSS protocol They are official documents certifying the facts that entail legal consequences for the owners of the premises in the MCD in the form of duties on the maintenance of common property in this house. All solutions and the OSS protocol must be placed in GIS LCD initiator of the Assembly.

The OSS protocol must contain a date, place and time of the general meeting and summing up, the agenda, the presence of a quorum, the number of votes "for", "against" and abstained "for each issue. So far, there is no approved form of the Protocol, but there is a draft order of the Ministry of Establishment on the design of the OSS protocols.

The OSS protocol is signed by the Chairman and Secretary of the General Assembly, as well as members of the Accounting Commission (p.22 sections 6, paragraph 15 of Section. 7 Methodical recommendations, approved by the order of the Ministry of Internal Affairs of the Russian Federation No. 411 / PR from 31.07.2014).

· Information on the document confirming the ownership of an apartment / room in the MKD of the voting participant;

· Decisions for each issue of the agenda: "For", "against" and abstained. "

The initiator of the General Assembly must provide copies of solutions and the OSS Protocol in its managing company Within 10 days after the event (part 1 of Article 46 of the LCD of the Russian Federation).

Decisions of the general meeting of the owners of premises in the MCD, adopted by the results of voting using GIS Housing and Public Up, are automatically formed into the OSS protocol and are placed in the system within one hour after the end of the vote (Part 1 of Article 47.1 of the LCD of the Russian Federation).

Management Company Within 5 days from the moment of receipt of copies of solutions and the OSS protocol, the procedure established by law to send them to GGG for storage for 3 years, including using GIS Housing and LCD (Part 1 of Article 46 of the LCD of the Russian Federation). That is, whether you are spending an internally correspondence assembly of housing owners on the old manner or using the system, in any case, a copy of solutions and OSS protocols will be sent to GGA. Only in the first case it will be paper copies, and in the second electronic versions.

The results of the voting and the decision-made solutions are brought to the attention of all housing owners by the initiator of the meeting within 10 days from the date of their adoption. The information is posted in the houses available for all residents (part 3 of Article 46 of the LCD RF). For example, on an information board or on the entrance door in the entrance.

Decisions of the owners of the premises in the MCD, adopted during the part-time vote at the General Meeting, must necessarily be published no later than 10 days from the date of the OSS in four sources of information disclosure approved by the legislation:

· On the site reform LCD

· On the site GIS Housing

· At information stands in the office of the Criminal Code

Ignorance of the law is not an excuse.

Employment form of the general meeting of the owners of the premises

The general meeting of the owners of the premises in an apartment building is a management body of a multi-factor house. It is conducted in order to manage an apartment building by discussing the issues of the agenda and decision-making on issues posed on the vote (part 1 of Art. 44 LCD RF).

Employment form of a meeting of the owners of an apartment building introduced on 06/30/2015 Federal law From 29.06.2015 N176-FZ, which a number of changes have been made to the Housing Code of the Russian Federation.

Part 1: How to spend the general meeting of the semblancers of the MKD premises?

Part 2: Employment Form of the General Assembly of Rooms

The procedure for holding such a meeting differs from full-time and correspondence forms. Differences in the following:

1. Full-time and correspondence parts of the meeting are always carried out and independently of each other. Thus, the full-time form of meeting is always preceded by correspondence form, because The correspondence form of the assembly is always carried out only in the absence of a quorum on a full-time assembly. Formally, legally, full-time and correspondence form, these are two different meetings. In contrast, the part-time form is one form of the assembly, and full-time, and the correspondence parts of which are required.

2. Full-time part may not be preceded by the correspondence part of the meeting, the main thing is to be both full-time, and correspondence parts. For example, the correspondence part of the meeting may be before full-time, or a full-time can be preceded by correspondence, or a full-time meeting may be conducted during the correspondence part of the correspondence part (example: correspondence part of the meeting from 1 to 10 minutes, full-time part 5 of the month).

3. The Protocol of the Assembly is 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 according to the results of the counting of votes of both full-time and correspondence part, the results of the two parts are summed into one protocol without separation. In contrast, the full-time form and correspondence form of the assembly require the compilation of the protocol on the results of each form as separate assembly. At the same time, the voices of the full-time assembly will never be summed up with the voices obtained by absentee voting, despite the fact that both forms are carried out on the same agenda. Strictly speaking, if the meeting is carried out in a correspondence form, it means that there was no quorum on a full-time form of a collection, and it means that it was not a vote on full-time, therefore it is impossible to fold the voices of two forms. However, often such voices are taken into account in order to re-do not bypass those who attend a full-time meeting. This is, of course, violation. In part of the collection form, this problem is absent, the voices are collected in each of the parts, the quorum separately in each part does not matter. Joem only the quorum of two parts in the amount.

4. The new OSS form is particularly relevant when conducting meetings, where it is necessary to collect 2/3 of the votes "for" from 100% of the owners (paragraph 1-3.1 of Art. 44 of the Housing Code of the Russian Federation, paragraph 2, 6, 7 of Art. 145 of the Housing Code RF). Example: full-time owners are present, possessing 55% of the votes from 100% of the owners. Quorum for full-time assembly is available. I can no longer carry out permanent form. Consequently, even if all present 55% vote "for", then 2/3 (67%) on the necessary issues we do not gain. The meeting took place, but the results of his negative. The goal is not achieved.

The current legislation of the Russian Federation does not limit the cases of the studies of the meeting, i.e. This form can be carried out on any issues of the agenda. However, the question of the possibility of holding a meeting in such a form in cases where in the Charter of the HOA / ZHSC such a form is not provided for (no changes are made to the Charter of the HOA / HCC in connection with the entry into force of the law of 29.06.2015 N176). The specified form is provided by Art. 44.1 of the Housing Code of the Russian Federation, the article refers to the procedure for holding a meeting of owners, not members of the HOA / hsk. From the content of Part 1.1. Article 146 of the Housing Code of the Russian Federation it follows that only Article applies to the meeting of members of the HOA / HCC. 45-48 Housing Code of the Russian Federation, and Art. 44.1. Housing Code of the Russian Federation does not apply. In relation to the RCS, there is no regulation on the possibility of applying chapter 6 of the Housing Code of the Russian Federation (in particular Art. 44.1 of the Housing Code of the Russian Federation). In this regard, the HOA and the ZhSC is recommended to make changes to the charters about the possibility of holding a meeting in part-in-block form.

All owners of MKD

Article 44 LCD RF

Article 145 LCD RF + Charter

Article 117 LCD RF + Charter

Requirements for the statute - art. 113 LCD RF

Articles 45 - 48 LCD RF

Article Art. 145 - 146 LCD of the Russian Federation + Art. 45 - 48 LCD RF + Charter

1. Any owner

2. Code, managing the house in accordance with the Contract Agreement

3. HOA, RCS in the presence of written circulation 10% of owners

In accordance with the charter

Personally under the painting;

In places common use or others. If this method was determined by the previous meeting of the owners.

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

If the charter is not determined, then the same as at the meeting of the owners

In accordance with the charter

1) information about the person, on the initiative of which this meeting convenes;

2) form of this meeting (full-time, correspondence, part-time);

3) Date, place, time of this meeting or in the case of this meeting in the form of correspondence and part-time voting, the end of the decision of the decisions of owners on issues, and a place or address where such decisions should be transmitted;

4) the agenda of this meeting;

5) Procedure for familiarization with information and (or) materials that will be presented at this meeting, and place or address where you can familiarize yourself with them.

The same as in the meeting of owners

In accordance with the charter

2. In the absence of a quorum at an in full-time meeting - correspondence.

In accordance with the charter

Quorum - owners present at the meeting should belong more than 50% of 100% of the areas of all owners

Quorum - members of the HOA, present at the meeting should belong to more than 50% of 100% of the areas belonging to all members of the HOA.

Quorum - at the meeting should be attended by more than half of the members of the cooperative

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

The decision is considered adopted if "for" voted for him:

P. 2, 6 - 7 tbsp. 146 LCD of the Russian Federation - 2/3 (66.7% + 1 sq.m.) from G100% of plazovs of all members of the HOA;

The remaining solutions - more than 50% of the quorum.

The decision is considered adopted if most of the members of the HSK members are voted for him (Article 117 of the LCD of the Russian Federation)

The procedure for holding a meeting (stages):

1. Questioning, survey, information meetings with owners (or other way to determine the opinion of residents on the subject of the meeting). The stage is not required and not provided by law, but affects the success of the meeting

2. Determination of the agenda and the compilation of other documents for the Assembly

3. Notification of the meeting at least in 10 days, may be issued together with the notification:

Message (indication on the date and full-time and absentee voting)

Applications (approved by the Meeting Documents). It is not necessary to provide, you can specify a place or method of familiarization with them.

4. Full-time collection form (or full-time part-time):

Definition of quorum (for full-time)

Summing up (within 10 days) - Protocol (for full-time).

5. Early form assembly - in the absence of a quorum on the full-time (correspondence part of the part-time assembly):

Drawing up a correspondence protocol (in part-in-block form of full-time partial parts, summed up with the voices of the correspondence part of the meeting)

6. Disclosure of results (10 days).

List of necessary documents

1. Bulletins, registry issuing messages (collection notifications), messages need to be printed by double-sided seal, i.e. on 1 sheet from 2 sides. To complement the documents with new additional lines and sheets is unacceptable! Thus, it is necessary to prepare such a number of registers as it is required to sign all owners. If the document consists of 3 or more pages, it is possible to use the method of printing a document on A3 format, another possible, but not the best way - Bonding sheets stapler.

2. Registration list for full-time / part of the meeting (filled only with full-time / part of the meeting). The head of the checkpoint must be on each sheet. To complement the documents with new additional lines and sheets is unacceptable! Thus, it is necessary to prepare such a number of registries as it is required to include all owners who are present at an infinite assembly (full-time part of the inmunning assembly).

3. The registry of the issuance of the message and the bulletin is filled only when, in accordance with the Charter of the HOA / HCC, or another previous meeting of the owners, this is not allowed a method for notification of the meeting as posting notifications in the available places at home. In this case, the collection notification is awarded under the signature in the registry or departs by mail (by registered mail without notice) to each owner. Signature in the registry means receiving and communicating, and bulletin.

4. Only owners are signed in any documents for the assembly of owners, in relation to the meeting of members of the HOA / ECC - only members of the HOA / ECC (persons who wrote an application for membership in HOA). In all documents, the owner / Member of the HOA / ZhSS is written only for themselves for itself! It is forbidden to sign one owner / family member for the remaining owners / family members.

5. For minors (N / l to 18 years), owners' children are allowed to vote exclusively at the meeting of owners (minors cannot be members of the HOA, the exclusion of the HSSC - a member can be the owner from 16 years old). One of the parents signs for minors.

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

Full-time - from the day of the meeting

Correspondence - from the last day of collecting ballots

Internally absentee - from the last day of collection of newsletters

2. Placed in publicly available places within 10 days from the date of graduation.

3. Stored in place or at the address that is determined by the decision of this meeting.

4. From July 1, 2016 - are transmitted to the housing inspection by means of GIS Housing and Public Assembly and are subject to placement in this system. When concluding the subject of "Agreement" on the experimental operation of the system on the territory of the subject of the Russian Federation, the Protocols are transferred to the housing inspection after 4 months from the date of entry into force of the specified agreement, but no later than July 1, 2016.

Pupitive voting of owners of housing or participants of the HOA: the procedure for conducting the protocol

In part - the correspondence assembly, as a form of decision-making related to the management of the house, was introduced relatively recently. Its use is allowed by persons who are owners of premises in the house and participants of the HOA.

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

Differences of the internship form of a collection from full-time voting, or correspondence scheme

Full time - correspondence voting form represents an independent way to solve issues arising in the management process. This form has the following specific points that distinguish it from other ways to resolve issues:

Full time - correspondence form, this is a collection that has a single structure. With this form, two parts are always conducted, for example, unlike the correspondence assembly. Conducting a general meeting in the form of absentee voting is allowed when there is no sufficient quorum.
The organization's organization scheme is determined by the Organizer independently, that is, parts can not go in order or in parallel.
In full-time and absentee collections, votes should not be summarized because they are taken into account separately. The new form involves the summation of all votes.
The event of this species implies the design of a single protocol for two parts, in contrast to other species.
Consideration will lie any list of issues.

The procedure for conducting part-time voting of housing owners of an apartment building

Conducting a meeting in full-time form is organized only on the basis of the provisions of housing legislation (namely, the LCD RF, Article 47 ).

The event must be implemented only after appropriate training.

Preparation occurs in several stages relating to organizational moments, as well as measures aimed at notifying persons with the right of presence at a similar event.

Decisions taken at meetings violating the requirements of the law are considered invalid.

The order of correspondence voting of the owners of an apartment building

The meeting is carried out if the presence of at least 50% of all individuals should take part.

To ensure appearance, measures should be taken to notify all persons. For this, the law establishes several ways.

The solution is necessarily executed in writing, the document of the appropriate form. It has official status. This means that when falsification is detected, the person will be punished, on the basis of the sanctions provided for by the criminal law.

The results, questions reviewed and decisions that were adopted should be reported to all living in the house.

The process of preparing for the general meeting

During the preparation process, issues requiring solutions are detected.

Their detection is carried out on the basis of:

Although this stage is not obligatory, its organization provides the most effective meeting.

After the agenda is determined and the preparation of documents required during the meeting is determined.

Notification of owners

The notice of participants must be produced no later than 10 days before the designated day of the event.

By sending them custom letters;
By personal familiarization with the announcement of the event;
Using accommodation on stands with information about the event.

The document includes the following information:

Data on the form of the event;
On the number, time and place of the organization's organization;
On issues subject to consideration;
About documents with which you should get acquainted before the moment the meeting will be started, about the place where these documents will be.

Internally correspondence voting

Notifying the participants, the person who organizes the meeting is obliged to indicate the deadline for the event. As a rule, the date and time of the start of the voting and the information about when the procedure is completed.

The procedure for holding a meeting in full-time form

Electronic (by registering on the site);
Written, by designating his voice on a sheet, which is issued by the organizer of the event.

The procedure implies that the decision has the status of adopted when it received more than half of the votes of those present. In exceptional cases, decisions receive the status of adopted when they received two thirds of the votes.

How decisions are made on the general meeting

The event is always aimed at making decisions. Decisions that have received the status of adopted are issued by the Protocol.

The document must be compiled in accordance with the order of 25.12.2015 NO937 / p.

The document compiled must have the following parts:

The first indicates:

Organizers of the event;
Persons counting voices;
Voted participants;
The number of votes received;
Area of \u200b\u200ball residential facilities;
The list of questions, the consideration of which was carried out at the event;
Information on compliance with the quorum.

The main part indicates the issues subject to consideration.

The document must be preserved for three years.

How and who to report on the decision of the meeting

After the event, the organizer is responsible for notifying all owners about the decisions that received the status of adopted.

As previously said for this, 10 days are set.

What method will be informed, also discussed at the meeting. As a rule, a copy of the protocol is used, which is hosted on information stands.

The procedure for finding an interconnection assembly of HOA

Conduct such a meeting only if this is permitted by the document.

Protocol full of absentee voting HOA, sample

It indicates:

Date of events;
Information about the face that organized the event;
Information about members of the HOA;
Information about common Square all rooms;
Information about persons participating in the event.

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

Conclusion

So, the assembly of such a 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 established charter.

09/06/2015 | About part-time form of assembly

Federal Law of 29.06.2015 N176-FZ 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 ownership solutions within the set deadline or at the address specified In a report on the general meeting of owners of 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 are subject to placement in system The face initiated by the 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.

You can purchase access to viewing a seminar video "Features of General Meetings", during which the expert O.E. Yuydyeva gives detailed explanations of the procedure for holding general meetings as the owners of the MKD premises and members of the HOA, the HSSC. 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. link

Alexander, S. tATAY 45 LCD RF obliges owners of premises in an apartment building every year to hold general meetings of owners and set the time and order of their conduct.
For absentee voting (as well as for the full-time meeting), it is necessary to send every owner of the room in an apartment building. A message of absentee voting. The general meeting is authorized under the same conditions as full-time: if it was attended by the owners of the premises in this The house or their representatives possessing more than fifty percentages of votes from the total number of owners' votes (Art. 45 LCD RF.) The decisions of the general meeting of the owners of the premises in a residential apartment building are accepted in the same way as in an in-afternoon meeting of the owners of premises in an apartment building.

General Assembly in the form of absentee voting is carried out by transferring to a place or at the address that are reported on the general meeting, decisions of owners in writing on the issues posed on the vote. Premises in an apartment building, along with a notice of such a meeting, indicating The agenda it is advisable to send the owner's decision for each issue to the vote that the owner fills himself and puts its signature. If the decision for the owner of the premises is a trustee, a power of attorney must be attached to the decision.

In part 3 of Art. 47th LCD RF Mandatory requirements imposed on the decision of the owner are established. Compliance with these requirements is of great importance, since the other may entail the recognition of the decision of the General Assembly invalid
(Art. 46th, part 6th LCD RF):

The decision must be necessarily in writing;

The owner's decision must necessarily contain: information about the person participating in the voting; Document information confirming the ownership of the person who participates in the vote on the room in the relevant apartment building; Decisions for each issue of the agenda, expressed by the wording "For", "against", "abstained."That is, the solution must be formulated in such a way that it does not have a dual sense, excluded any inaccuracy of the wording and it could be unambiguously replied to one of the above options.

The law establishes that in the notification of the meeting of the owners of premises in the form of a correspondence voting, a place or address of the decision of the decision should be specified, as well as a specific period of which the owners of the premises can direct their decisions. Accidentally participate in the general meeting of owners in the form of correspondence voting The owners of the premises in this house, the solutions of which were obtained before the expiration date of their reception, indicated in the notification of the general meeting, and the eligibility of the General Assembly is determined by the number of votes expressed in these decisions (paragraph 2 of Art. 47th LCD RF).Under the date it is necessary to understand the day, month, year and time. Voting prinhibitions during the general meeting of the owners of the premises in an apartment building comply with the principles of voting at a meeting in full-time.

To summarize the voting, a counting commission should be created. Its composition is offered by the initiators of the General Meeting and is approved by the General Meeting. In the voting on the voting issues, votes are counted on the issues on which the owner of the owner is left only one of possible options Voting. Solutions decorated in violation of this requirement are invalid and votes are not calculated on them. The owner can contain several issues, in this case non-compliance with the requirement of leaving only one answer on one issue does not entail recognition of invalid solutions for other issues (paragraph 6 of Art. 48th LCD RF).The decision of the General Assembly is issued by the Protocol in the manner prescribed during the general meeting in full-time. The protocols, as well as notifications of the General Meeting and Decision of Owners, are stored in place or at the address, which are also determined by the decision of this meeting (p. 4th Art. 46th LCD RF). The protocol necessarily indicates the date and place of summarizing the results of absentee voting, the agenda, the quorum.