Power of attorney for voting in general meetings of the HOA: is it needed, how many people should there be to hold it, how are votes counted?

What is a HOA power of attorney?

A HOA power of attorney is a written authorization through which one individual (for example, an owner) or official person, or organization can transfer the powers or rights that belong to it to someone else .

If a power of attorney has been drawn up in the name of a citizen, then he gets the opportunity to carry out various significant actions on behalf of the person who transferred his powers to him through such a paper.

A similar document can be found in several versions, for example:

Personal or private powers of attorney.
Official or official powers of attorney, which are issued on a general or specially designed form. The latter can be a sheet of paper in A4 or A5 format.

Important. The size is selected depending on the amount of text contained in the document.

Who certifies the power of attorney for participation in the general meeting of owners?

The law comes into force on 01/01/19. From the same date, Federal Law-66 of 04/15/98 becomes invalid. Download! For free!

A power of attorney to represent the interests of the owner at a general meeting is prepared in writing. It states:

document's name;
time and place of action on behalf of the principal;
powers of the representative;
signature of the person whose interests he represents.

This is the part that includes all the basic information about the person who will be the principal and the witness. It must be included in every such document.

A notary specialist draws up a document, entering into it the personal data of the principal and representative in their presence, and in the body of the document specifies all the purposes for which the transfer of rights is carried out.

The norm is directly related to the rule, which is intended to determine the competence of the general meeting of SNT members. That is, using this rule, the organizer makes a legal decision to hold or cancel or postpone the date of the general meeting.

According to the norms, a quorum is 50% of voters, however, the Charter may determine a different number of residents who took part in the event.

This is not surprising. Remember how many times in your life have you seen a truly well-groomed, landscaped house with appropriate entrances, elevators and territory?

It may be collected in connection with:

Determining the period of repair work;
Re-election of a member of the management team;
Concluding contracts with new suppliers.

A sample power of attorney and an announcement about the importance of its execution for residents, as well as other useful documents and practical information, are given in our article in the magazine “Management of Apartment Buildings”.

The owner of the premises in the house can provide a power of attorney to vote at the general meeting of the HOA to any citizen (subject to his legal capacity). The law does not impose any restrictions here. Usually the interests of the tenant are represented by one of the relatives or neighbors. In particular, a power of attorney can be issued to several persons at once, who will perform actions in the interests of the principal jointly and subject to their mandatory agreement among themselves.

It is worth recommending that apartment owners exchange powers of attorney for each other. The law does not prohibit this, and such a step may be decisive for collecting a quorum.

In order for principals to be more willing to give powers of attorney to represent interests at a general meeting of owners, it is necessary to explain to them that the powers under them are strictly limited to the right to vote at the general meeting of owners.

When registering a power of attorney to represent the interests of the owner at a general meeting, notarization is not required. The owner of the premises has the right to go to a notary and have the document certified by him, but this is not obligatory.

There is one exception to this rule, which follows from the provisions of the RF Housing Code. Read more about it and other special cases of using powers of attorney in the situation under consideration in the magazine “Management of MKD”. It contains case studies, detailed recommendations on how to act in different situations, and links to regulatory documents.

If the power of attorney is not certified by a notary office, then the procedure for execution is determined by whoever becomes the representative. The owner of the premises in the apartment building can be an organization. This often happens with non-residential real estate. In this case, the power of attorney is signed by the manager or another person who, in accordance with the law and the provisions of the constituent documentation, has such a right. It is not necessary to stamp this document.

The power of attorney for voting at the general meeting of the HOA will be certified free of charge:

the organization in which the representative works or undergoes training;
administration of the medical institution if the citizen is undergoing inpatient treatment.

RF, in accordance with Part. 4, 5 of which, the power of attorney can be certified by the housing maintenance organization at the place of residence of the principal, or the organization in which the principal works or studies, as well as by the administration of the inpatient medical institution in which the person is being treated.

Before drawing up an act yourself, it is recommended to look at an example of a power of attorney for a HOA meeting. This will avoid mistakes and help you provide all the required details. Otherwise, there is a risk of missing important information.

Residents need to know information about what remuneration the manager receives, in what amount, and most importantly, whether the payment is formed in accordance with the law or whether other sources are involved.

In fact, the event is held several times more often, since many problems can be solved only through the general unanimous consent of property owners. It follows that a gathering of citizens is necessary to accept reporting and create an action plan for the year, as well as to consider urgent topics. One individual, I.I. Ivanov, represented on the basis of the law (Part 19, Article 17, Federal Law-217 of July 29, 2017) transferred his powers (rights) as a member of the SNT to participate and vote on decisions made in general meeting of members to another individual Petrov P.P., representative, by issuing a simple form of written power of attorney to Petrov.

What might it be needed for?

The document in question can be used in different ways. For example, the general meeting of the HOA can delegate his job responsibilities to the manager and set them out in a similar document. This happens in a certain situation, for example, if a person holding the above-mentioned position represents the interests of the HOA in a third-party organization.

Any government or local government body can act as such an organization. If such a situation arises, then the power of attorney specifies all the powers of the manager listed in the job description and set out in the agreement concluded between the partnership and the manager.

It is worth noting that when drawing up a power of attorney for such a case, you should adhere to the rules set out in Article 10 of the Labor Code of the Russian Federation . In addition, such a document must be certified by a notary. If this is not done, the paper will not have legal force.

Power of attorney

A power of attorney to represent interests is a document often found in the work of an HOA. Often the chairman of the board is the authorized person who represents the interests of the owners of the partnership. This significantly simplifies the work of the organization, since it is not necessary to convene the OSC to make decisions of minor importance.

Based on this document, the chairman:

signs contracts with contractors and service providers;
draws up the necessary paperwork with banks and the tax service;
acts as a representative of the partnership in the local administration or court.

The validity of the paper is limited to the date of expiration of the powers of the chairman or the entire current board of the homeowners association.

Also, a fiduciary is a citizen authorized to act on behalf of one of the owners of living space in an apartment building. The circle of persons who can represent the owner of the living space at general meetings is not limited by law. A power of attorney for voting at the OSS can be issued to any legally capable citizen, including one who is not the owner of the premises.

The document can also be issued to a group of representatives. Each of the authorized persons will have the rights and obligations prescribed therein or perform them jointly (Article 185, paragraph 1 of the Civil Code of the Russian Federation).

The law does not establish a maximum or minimum period for which rights are transferred from one citizen to another. The limitation is the date designated by the originator of the paper. If it is absent, the power of attorney is valid for a year.

The paper becomes invalid if:

the term of the power of attorney specified by the originator has expired;
the owner revoked the power of attorney;
the trustee has withdrawn his powers;
the representative legal entity has ceased activity;
the authorized person or originator is missing, incapacitated or dead.

IMPORTANT! Only a properly executed power of attorney has legal force.

Procedure for compilation

The power of attorney is drawn up in free form. For registration, use the organization’s form, if provided. The written authority shall indicate:

document's name;
passport details, position and address of the principal;
personal data of the trustee in the same order;
list of rights and obligations transferred to the authorized person;
date and signature of the principal;
signature certificate;
seal of the organization where the power of attorney is drawn up, if necessary.

The chairman of the partnership personally signs the completed document and affixes a seal. If the document is prepared by a legal entity, it is certified by the seal and signature of the head of the organization.

Who can authorize a representative and sign a document?

If the HOA meeting needs to delegate certain powers to someone, this can be done by a member of the board, for example the chairman of the HOA. However, it is worth noting that it is also impossible to act without the knowledge of the meeting or board .

The transfer of authority must be carefully discussed and approved.

In this case, the person granting the power of attorney must be an authorized representative of the HOA and have the right to act without presenting certain documents.

Such people are clearly stated in paragraph 1 of Article 53 of the Civil Code of the Russian Federation.

However, such a document can be signed by :

executive body of the HOA;
another person designated by law or the charter of the partnership.

Attention. All this is clearly indicated in paragraph 4 of Article 185.1 of the Civil Code of the Russian Federation. If you believe her, then the people mentioned can certify the document with their signature.

In addition, the paper must be certified by a seal. It is worth noting that such a requirement is not contained in the Civil Code of the Russian Federation, but it can be seen, for example, in Article 53 of the Civil Procedure Code of the Russian Federation and Article 61 of the Arbitration Procedure Code of the Russian Federation.

Power of attorney from the management company

As in previous cases, there is no strict template for a power of attorney for a HOA meeting. But you should still follow the standard rules for drawing up and filling out. Astrakhan, Russian Federation, listed in the appendix to this power of attorney, which is an integral part of it, who have chosen the method of Direct management of an apartment building (Minutes of the general meeting No. ____ dated _____________).

If the board of directors of the owners' association makes a positive decision, an extraordinary general meeting (meeting of authorized persons) of the members of the owners' association must be convened no later than thirty days from the date of receipt of the relevant proposal or demand.

According to Part 2 of Article 48: “2. A representative of the owner of premises in an apartment building at a general meeting of owners of premises in this building acts in accordance with the powers based on the instructions of federal laws, acts of authorized state bodies or acts of local government bodies, or a written power of attorney for voting.

How to prepare for state registration?

Such a document is an ordinary paper that must be certified by a notary.

Various organizations or individuals can be registered as representatives and principals . At the same time, they must have certain legal capacity, as well as rights and powers.

In the event that a power of attorney for state registration is issued on behalf of the HOA, it must be signed by its chairman or a person authorized to perform such actions on his behalf.

Don’t forget that the paper must be certified with a seal . Such a power of attorney must necessarily contain the date of preparation. Otherwise, the paper will be considered invalid or void.

In this case, the principal may not determine a specific validity period. In this case, the document will be valid for one year from the date of preparation. The scope of delegated powers is determined by the principal himself.

Step-by-step instructions for meeting and voting

After all the preparatory work:

Formation of the agenda;
Preparation of reporting documents and characteristics of candidates in the event of elections;
Notification activities.

The meeting is held at the appointed time.

Procedure for participation of HOA members

At least 2/3 of the residents must be present, and what is important is not the apartment count, but the number of citizens, even if in the end the interests of a smaller part of the apartments are represented.

The best option is 100% turnout, when representatives of all residential areas are present.

Also required to attend the planned action are:

Secretary;
Chairman;
Board members.

What issues are on the agenda for resolution?

You should not abuse the trust and time of the owners; it is necessary to gather people out of turn to consider global topics, for example:

Everything related to the expenditure of general finances - credits, tariffs, loans, non-payments;
To receive reports;
To determine the timing of repair work;
In order to obtain consent to service additional houses;
Regarding the management and improvement of the territory adjacent to the house;
For an election event.

Through the planning process, citizens of the partnership discuss the topic that brought them together, make their proposals and adjustments, and vote.

What is within the competence of those gathered?

Residents of the house have the right, according to Article 145 of the Housing Code of the Russian Federation:

Study the clauses of the Charter, changing them;
Solve problems related to the reorganization and liquidation of the enterprise;
Re-elect board members by voting;
Form reserve funds for capital or current repairs;
Solve problems regarding bank lending;
Plan how to spend the balance on the company account;
Approve an action plan for the next year;
Accept reports of the chairman and the audit commission;
Change regulations;
Give bonuses to the chairman and members of the board.

Among other things, they have the right to resolve issues available under the law.

For example, setting rent per square meter for tenants or the amount of payment for advertisers using public property as advertising space.

How are votes counted and decisions made?

The outcome of the vote depends on many factors:

The legality of the problem being solved - it is necessary that any activity carried out by the partnership is within its competence;
The voting itself must be carried out in accordance with the requirements - the required number of owners must be present at the event;
Residents of the house can vote both on special ballots and by raising their hands.

The secretary is responsible for counting the votes - he carefully monitors the process and summarizes everything. In this case, the number of voters and the number of citizens surveyed should be taken into account.

As a result of the whole action, you must vote for the draft decision by simply raising your hand.

Where are decisions recorded?

The entire process of conducting the event, including the resulting results, is recorded in a protocol drawn up by the secretary of the society. This document is attached to others in the HOA minutes journal. This journal also contains information regarding meetings, even those that were planned but did not take place. The journal is a document of strict accountability, but must be accessible to any participant in the partnership. An extract from the saved protocol can be ordered by any member of the housing construction company.

Counting commission

This is a group of residents of the house elected by voting to perform the counting of votes along with the secretary. These individuals receive remuneration for the work they do, which increases budget expenditures. The new composition of the counting commission is elected separately for each case. The presence of a counting commission ensures an unbiased attitude to the counting of votes.

Features and nuances

The entire process of discussion and voting is accompanied by certain features, the observance of which is mandatory:

Notice of the scheduled meeting is performed for each apartment;
Information about unscheduled events is posted on the notice board;
The chairman or his authorized representative is in charge; if the meeting is extraordinary and the members of the board refuse to take the helm, this is handled by the initiator;
Before the start, the names of all arrivals are recorded, the details of the secretary, counting commission, and board are indicated;
The agenda is also voted on at the beginning of the process;
During the calculation, the weight of the vote is taken into account, depending on the area owned by the tenant, which corresponds to a certain coefficient, for example, if the owner has 100 square meters. meters in a house with a total area of 4,000 sq. meters, then 100 *100/4000 = 2.5;
If the opinions after counting are equal, the head, usually the chairman, has the decisive vote;
The final decision and course of action on the adopted issue is made by the board within its own circle; in the future, they are obliged to report to the public for their decisions and actions taken.

Writing to participate in general meetings to vote

Such a document must be drawn up in accordance with the requirements specified in Part 2 of Article 48 of the RF Housing Code . He is able to give a certain person the authority to participate in the general meeting of the HOA in order, for example, to vote at it.

The paper must contain the passport details of this person, information about the place of residence, full name or name of the organization if the paper is provided to a legal entity.

In addition, when drawing up such a paper, you should pay attention to Article 185 of the Civil Code of the Russian Federation. If you believe it, then such a power of attorney must be certified by an organization engaged in housing and maintenance activities. The latter must be located at the place of residence of the principal.

Reference! The document can also be certified by the body in which the person granting the power of attorney works or is trained.

If the principal is undergoing treatment in a certain institution, then the paper can be certified by it. Of course, you can get by with an ordinary certificate from a notary, but it’s worth remembering that it won’t be cheap.

Power of attorney for holding a general meeting of owners of apartment buildings

Part 2 of Article 48 of the Housing Code of the Russian Federation contains the requirements for a power of attorney authorizing another person to take part in voting at a general meeting of owners (passport details, place of residence, full name or title if the power of attorney is issued to a legal entity). In addition, the specified norm of Article 48 of the Housing Code of the Russian Federation refers us to Article 185 of the Civil Code of the Russian Federation, in accordance with Part. 4, 5 of which, the power of attorney can be certified by the housing maintenance organization at the place of residence of the principal, or the organization in which the principal works or studies, as well as by the administration of the inpatient medical institution in which the person is being treated.

Note dated 10.18.2017: in the list of persons established by law who have the right to certify powers of attorney for the right to vote at a general meeting of owners, neither the HOA, nor the housing cooperative, nor the management company are indicated. See more details: “Power of attorney for the right to vote at the general meeting of owners of premises apartment building"

A power of attorney for voting at a general meeting of home owners can, of course, be certified by a notary, but due to the high cost of notary services for most homeowners, a notarized power of attorney granting the right to vote at a general meeting of owners is not often seen.

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A power of attorney from a legal entity that is the owner of premises in an apartment building for voting at a general meeting of owners is signed by the head (or another person who has the rights to do so, according to the charter) and certified by the seal of this organization.

Invalidity of the power of attorney for participation in the general meeting of owners

The above rules of law, at first glance, do not cause difficulties in understanding their meaning, however, it should be noted that in judicial practice there is no uniformity in the interpretation of a number of controversial issues. In particular, we are talking about the consequences of non-compliance when issuing powers of attorney with the rules of law provided for in Articles 48 of the RF Housing Code and 185 of the RF Civil Code and the conclusions of the courts on the subsequent approval of decisions of general meetings of owners of apartment building premises.

There is also no uniform approach to the issue of classifying management organizations and homeowners’ associations operating an apartment building as housing maintenance organizations that have the right to certify powers of attorney of the owners of residential premises of apartment buildings for representation at the general meeting of owners (voting).

So, several articles on a given topic.

The power of attorney for voting at the general meeting from the owner has not been certified. Consequences What are the consequences of issuing a power of attorney for voting at a general meeting of owners of apartment building premises in simple written form without certification by a notary or management organization? Will the court take into account the fact that the owners of the premises who issued the power of attorney did not subsequently challenge the decisions made by the general meeting of owners?

The power of attorney for participation in the meeting of owners is invalid. Consequences The consequence of voting by proxy issued in violation of the provisions of Articles 48 of the RF LC, 185 of the RF Civil Code should be the exclusion of the votes of those persons on whose behalf they voted using an invalid proxy.

The owner's proxy for voting is invalid. Possible approval? If the representative lacks authority, for example, if the power of attorney is invalid due to defect in form, the represented person can approve the transaction through his subsequent actions. To what extent does this rule of law apply to the approval of the actions of a representative who voted using an invalid power of attorney at a general meeting of owners of apartment building premises? Can the owner who issued such a power of attorney subsequently approve the actions of the representative?

The power of attorney for voting is certified by the management organization. Can the management organization, represented by its official, certify the power of attorney of the owner of the residential premises for voting at the general meeting of owners of the apartment building?

The power of attorney for voting is certified by the chairman of the HOA. Does the chairman of the board of the HOA have the right to certify the power of attorney of the apartment owner for voting at the general meeting of owners of the premises of the house?

Retroactive power of attorney for voting at a general meeting of owners. The initiators of the meeting hinted that if we went to court, they would present powers of attorney allegedly issued by co-owners for voting (they would draw them up retroactively). What are the prospects for going to court in this case? How should the court evaluate backdated proxies for voting at the general meeting of owners?

By proxy, one owner took part in the general meeting of owners. Is it possible for a decision to be made by a general meeting of owners of apartment building premises in fact by one owner of the premises of the house, if he has powers of attorney to represent the interests of the majority of owners of the premises?

Sample power of attorney:

Power of attorney for the right to vote at a general meeting of owners of premises of an apartment building

Power of attorney to participate in voting at the general meeting of members of SNT, ONT, DNT

Alexander Otrokhov, Legal (Omsk), 09/06/2013

If you need to delegate to court

This type of document, like its counterparts mentioned above, does not have a single approved form. For this reason, the paper is drawn up in ordinary written form. However, the following details must be clearly stated :

Title of the document;
the place where the paper was issued and the date. Particular attention should be paid to specifying this information, since without the exact date the document will be invalid;
basic information regarding the representative and the principal, such as passport details, full name, date of birth, etc.;
a list of powers that the representative will have;
the validity period of the document is optional and is not a prerequisite;
signature of the principal.

Important. Unlike other options, this power of attorney necessarily requires notarization. However, if it was issued by a legal entity, then going to a notary is not a prerequisite. But such a procedure can still be performed if desired.

What is stated in the power of attorney

A power of attorney to represent the interests of the owner at a general meeting is prepared in writing. It states:

document's name;
time and place of action on behalf of the principal;
powers of the representative;
signature of the person whose interests he represents.

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The power of attorney also contains basic information about the representative and the principal. For a citizen, the full name, passport details and residential address are indicated. For an organization, it is necessary to provide its name, location, full name of the person representing it and the grounds on which he is authorized to act on behalf of the legal entity.

Sometimes additional information is provided in the power of attorney for the general meeting of owners of apartment buildings. For example, this could be its validity period, serial number, sample signature of the representative, and so on. This information does not affect the validity of the power of attorney or whether it complies with legal requirements. The law does not prohibit posting such data, but does not establish it as mandatory.

What is the validity period?

As has been mentioned several times above, indicating the specific validity period of such a document is not a mandatory requirement by law when drawing up. If a period is specified, the paper will cease to be valid after the specified period of time has expired.

However, if the principal did not consider it necessary to indicate such information, then in accordance with Article 186 of the Civil Code of the Russian Federation, the document is valid for one calendar year from the date of preparation . It is worth noting that the maximum validity period of such paper is not established by law, nor is the minimum.

Only the principal himself can terminate the power of attorney before the specified period. He can simply revoke it after going through a certain procedure. If we are talking about a document providing sub-power of attorney, then it is worth noting that its validity period cannot exceed that established for the main power of attorney.

It is better to familiarize yourself with the document flow used in the activities of HOAs, as well as learn about the rules for its proper maintenance and execution, from our special publications. After reading them, you will learn how to correctly write an application to the partnership, what the report of the audit commission is, as well as with whom and for what purpose the HOA can enter into employment contracts.

For how long can a power of attorney be issued?

A power of attorney for participation in a general meeting of owners of premises in an apartment building can be issued for any period, since the law does not establish a minimum or maximum period for its validity.

In this case, the validity period does not have to be indicated in the power of attorney. If it is not specified, then the power of attorney is valid for a year from the date of its execution (clause 1 of Article 186 of the Civil Code of the Russian Federation).

The power of attorney ceases to be valid in each of the following cases:

the power of attorney has expired;
the represented person revoked the power of attorney;
the representative under the power of attorney has renounced his powers;
the legal entity on whose behalf or to whom the power of attorney was issued has ceased to act, including as a result of its reorganization in the form of division, merger or merger with another legal entity;
the person being represented or the representative has died or has been declared incompetent, partially capable, or missing;
a bankruptcy procedure was introduced in relation to the principal or representative, in which he lost the right to independently issue powers of attorney.

This is established by paragraph 1 of Article 188 of the Civil Code of the Russian Federation.

Situation: is it possible to indicate in the power of attorney for participation in the general meeting of owners of premises in an apartment building that it is valid for an indefinite period?

Yes, you can. This does not invalidate the power of attorney. However, such a power of attorney will actually not be valid indefinitely, but only for a year.

The fact is that in this case the validity period of the power of attorney will not be established. Therefore, it will be considered that the power of attorney was issued without indicating its validity period.

A power of attorney that does not indicate its validity period will remain valid for one year from the date of its execution.

Such rules are established in paragraph 1 of Article 186 of the Civil Code of the Russian Federation.

Therefore, if the owner wants to issue a power of attorney for a long term, then he needs to indicate in the power of attorney the approximate validity period (for example, seven years from the date of issue of the power of attorney).

Situation: is it possible to indicate in the power of attorney that it is valid until its cancellation by the represented

Yes, you can.

In this case, the validity period of the power of attorney will not be established. Therefore, it will be considered that the power of attorney was issued without indicating its validity period.

A power of attorney that does not indicate its validity period will remain valid for one year from the date of its execution.

Such rules are established in paragraph 1 of Article 186 of the Civil Code of the Russian Federation.

When is paper considered unusable?

All grounds due to which a power of attorney can be declared invalid are divided by law into :

common reasons;
special grounds that occur only in certain legal transactions.

A document may be declared invalid as a result of improper execution, for example, if the principal forgot to indicate the exact date of its preparation. Just such reasons apply to the special requirements for legal papers.

Attention! The paper granting powers to the representative may be regulated by certain laws. In such a situation, the law may require a certain form of drafting. If the principal does not comply with such requirements, then the document will also be invalid.

There is nothing complicated in drawing up the document in question. But there are some nuances depending on the type of power of attorney. If you do not lose sight of them, you can avoid difficulties in the future. In addition, do not forget about certification by a notary. Without this procedure, the document will not have legal force.