In person and in absentia form of the general meeting of premises owners

The general meeting is the main body of the house, which makes all decisions related to maintenance, current and major repairs.

also defines the form of house management, relationships with the Management Company, tariffs and a list of services necessary to maintain excellent technical condition.

Decisions at the general meeting are made by all apartment owners, but sometimes it is quite difficult to get them together. And the most practical way out for making decisions is an absentee meeting of the owners of an apartment building.

The absentee form makes it possible to obtain the opinion of residents without the need to gather them together in a certain room at a certain time and day.

Absentee voting has legislative force, residents' responses are counted, and the minutes of such a meeting indicate the number of votes. All apartment owners must also participate in the absentee meeting.

Basic Concepts

According to Article 44 of the Housing Code of the Russian Federation, the general meeting is the main governing body of the house. Residents often consider such a meeting a boring and unnecessary event and do not want to waste time attending it.

But it is their decision, their vote that determines how the house will be maintained, when and to what extent current or major repairs will be carried out.

At this meeting, conflicts with the Management Company, the choice of a form of management, and other issues can be resolved. A biased attitude towards general meetings may be due to the fact that they are poorly prepared by the initiative group or a lot of time of this event is devoted to irrelevant, uninteresting issues.

IMPORTANT! The general meeting should be a planned and pre-prepared event, the main task of which is to resolve a number of issues important for the life of the house.

Among the powers of the OS is resolving issues related to the management of common property, its use, and disposal. It is in the hands of apartment owners that the responsibility for maintaining the technical condition of the building lies.

Owners include those residents of apartments in an apartment building who either inherited housing in it or privatized the living space. But not only they, but also those who are the owners of non-residential premises can take part in the management of the house.

For example, a building may have a retail outlet, and its owner will take part in the management of the building and attend general meetings.

How is the in-person absentee voting of homeowners conducted in 2020?

At the legislative level, the meeting is the highest body for managing the house; during its holding, residents elect the head of the house. Do not underestimate the importance of this procedure or neglect it. How to properly organize a meeting of owners of an apartment building and what is needed for this, we will consider further.

After reading the article, do you still have questions? Ask a question right now using the form (below), and our lawyer will call you back within 5 minutes with a free consultation.

First of all, it is a mandatory body for managing an apartment building and its property. The meeting makes major decisions regarding the condition of the property and considers a number of important issues.

For example, he puts on the agenda the issue of choosing a management company or discusses the procedure for calculating utility bills.

Important! Only apartment owners or tenants can participate in the meeting.

How to hold a general meeting of owners of an apartment building? The holding of the meeting is regulated by the strict framework of the law.

They are mandatory, otherwise decisions made at the meeting may be considered illegitimate.

Depending on the time, the meeting can be scheduled or unscheduled.

Read also: Office of Mosenergosbyt

Planned inspections must be carried out at least once a year.

At unscheduled meetings, as a rule, emergency issues that cannot be delayed are discussed. As a result, a decision is made on the issues discussed.

The meeting also allows residents of the building to identify shortcomings in the organization of their activities and correct them in the future. In this way, it increases the efficiency of its decisions, which has a positive impact on the apartment building and its property.

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website. via the form (below), and our lawyer will call you back within 5 minutes with a free consultation.

The range of powers is extensive - his competence covers the solution of most issues related to the management of apartment buildings. All residents of the house are required to comply with established norms and rules, regardless of whether they agree with them or not.

The competence includes questions on:

major repairs;
renovation of the house and surrounding area;
reconstruction of destroyed objects with general purpose;
use of the local area;
formation of a monetary fund spent on the needs of MKD;
organizing the next meeting of MKD owners;
choosing a senior person in the house.

You also choose the method of managing the apartment building: with the help of a management company, a homeowners’ association, or independently. With the latter option, it is obvious that in addition to the issues specified in the Housing Code, owners will have to resolve a number of other important issues.

Important! Particular attention should be paid to the rules of the meeting and compliance with strict regulations. The number of votes, terms, initiator - all this must be in strict accordance with the law. Otherwise, decisions made during the meeting will lose their force.

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website. right now through the form (below), and our lawyer will call you back within 5 minutes with a free consultation.

Apartment owners have the legal right to independently choose how to manage their home.

How to properly hold a meeting of owners of an apartment building on this issue? Citizens gather together at a specified time and vote on the choice of government.

Not all owners can participate in the meeting, but the decision made will be binding on everyone.

A meeting is considered legal if 50% of the total number of residents is present. Each owner has a number of votes that is proportional to the area of the house he occupies.

For example, the opinion of two people can be more powerful than that of five. And all this because they own more square meters.

If for some reason the meeting did not take place, then it is possible to choose a management method through an open competition.

According to housing legislation, a management organization is selected through such a competition. An open tender is also required when the term of the contract for the maintenance of apartment building property, concluded with the management company, comes to an end.

Find out how to solve your specific problem. right now through the form (below), and our lawyer will call you back within 5 minutes with a free consultation.

The initiator is a person who has assumed the responsibility of convening the residents of the house together to resolve important issues in the field of property management of the apartment building.

The initiator of the primary general meeting may be the owner of the apartment in the building. The initiator of the next meeting is a person from among the owners chosen at the initial meeting. Any owner of the premises in the house can convene an extraordinary meeting.

The initiator may also be a management company responsible for managing the property in your home.

Be careful if you are invited to a meeting by a third-party management company. Most likely, she just wants to lure you away from another management company - such a meeting does not have the force of law.

An initiative group can also convene a meeting. Based on the results of its collection, the minutes of the group meeting are published, which summarizes the list of issues considered.

Find out how to solve your specific problem. Submit your question using the form (below) and one of our lawyers will call you back to provide a free consultation.

Let's consider the exact procedure for holding a meeting of owners of apartment buildings and identify the distinctive features of each item.

The notice is delivered in person or sent by mail, but most often it is posted at the entrance of the house. The notice contains information about the place and time of the meeting and the issues on the agenda.

It is imperative to indicate in what form the meeting will be held - in person or in absentia. It is necessary to pay attention to the order of familiarization with the information that will be presented at the meeting.

Important! The notice must be concise and to the point and convey directly the intent of the upcoming meeting. Avoid vague language and indicate the location and time of the meeting in bold. Such a document will attract more attention from residents.

At the specified time, the owners gather on site. It could be anything: an apartment, a rented hall, a bench at the entrance. There is a discussion of issues on the agenda.

The meeting can be held either in person or in absentia. The resolution of this issue must be indicated in the notice. What is the difference between these two methods?

If the owners are personally present at the specified place, then the meeting is held in person. All residents hear questions, a discussion is held, and a conclusion is made.

The good thing about the face-to-face form is that each owner of the premises can express his opinion on a particular discussion, make a proposal, and ask clarifying questions.

This is interesting: Maternity capital for building a house: requirements, registration procedure 2020

An absentee meeting is held if an in-person meeting is not necessary or if it did not have a quorum. It takes place in the form of a citizen survey.

Starting from 2020, a number of cities will have the opportunity to conduct absentee voting through the housing and communal services information system.

The protocol is the most important document when recording the results. The minutes are kept by the meeting secretary, who is elected at the beginning of the meeting. It indicates information about the place and time of the meeting of residents, the presence of a quorum, issues on the agenda, a list of applications, votes on each issue. The document is signed by the chairman, secretary and members of the counting commission.

A quorum for making a decision at a meeting of owners means that the meeting is valid with the participation of persons with more than 50% of the votes of the total number of owners. If there is a quorum, as a rule, they immediately begin to resolve issues related to the management of common property.

If there is no quorum, then a corresponding protocol is drawn up. The document is signed by the chairman and secretary, after which the council is announced to be held in absentia.

Voting takes place by answering “yes”, “no”, “abstain”. The quorum of the meeting of owners of an apartment building cannot be overestimated - it is a kind of guarantor of honesty and transparency.

After reading the article, do you still have questions? Ask a question right now using the form (below), and our lawyer will call you back within 5 minutes with a free consultation.

The rules and procedure for holding a general meeting of owners of an apartment building are regulated at the legislative level. It is impossible to violate them without consequences. For example, failure to comply with the conditions for notifying homeowners or neglecting the concept of quorum.

Proper procedure ensures the legality of the advice. Such instruments of influence should not be ignored, because only the residents of the house can decide what condition their home will be in.

Now the general meeting of owners of premises in an apartment building can be held in person or in absentia in accordance with Federal Law No. 176 of June 29, 2015. In fact, in the past, meetings of residents were often held in exactly this form, since rarely did anyone manage to gather all the owners of premises in an apartment building in person in one place and at the same time.

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

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

Part 3 of Article 47 of the Housing Code states that a general meeting of apartment building residents can be held in the form of absentee voting, implying the possibility of discussing issues on the agenda by the owners personally present and simultaneous transfer of absentee decisions on them within the prescribed period to the place or address, which are indicated in the notification.

Taking into account the fact that the in-person and absentee form of the meeting presupposes the presence of both voting schemes at once, the message about its holding will need to indicate 2 dates: the number of in-person voting and the day before which absentee decisions of the owners are made. The agenda will be the same for both forms of voting. Conducting 2 consecutive meetings, first in person and then in absentia, involves notifying apartment building residents with separate messages. In this case, a message about absentee voting is sent after in-person voting (if a quorum has not been reached).

The requirements for quorum and the procedure for informing apartment building residents about the upcoming meeting are stipulated in Article 45 of the Housing Code of the Russian Federation. The general meeting of owners of premises in an apartment building is considered to have taken place if more than 50% of the residents of the total number of votes took part in it. The initiator of the meeting notifies each resident individually about its holding 10 days before the scheduled date by means of a registered letter, delivery in person against signature, or placement on an information stand in a place in the house that is accessible to everyone (Part 4 of Article 45 of the Housing Code of the Russian Federation). The initiator of the general meeting can be either the management company or any of the residents of the apartment building (Part 7, Article 45 of the Housing Code of the Russian Federation).

Despite the fact that in-person and absentee voting can be carried out simultaneously in the form of an in-person and absentee meeting, it is advisable to determine the end time for accepting absentee decisions of owners. In this case, it will be possible to manage the meeting and timely monitor whether a quorum of those present in person has been reached, as well as accept the results of absentee voting along with each decision received from the owners.

A pleasant point is the fact that it does not matter whether a quorum was reached or not during the in-person part of the voting, since all in-person and absentee votes are summed up. And only after both forms of the meeting are completed, votes are counted to determine the presence of a quorum.

The in-person and absentee form of the meeting is especially convenient when considering issues on which at least 2/3 of the votes of residents are required to make a decision (Parts 1-3.1, 3.2-3.5 of Article 44 of the Housing Code of the Russian Federation). When a meeting on such issues is held first in person and then in absentia, it is possible that a quorum of more than 50%, but less than 2/3 of the votes, is gathered at the meeting in person. In this case, the meeting in person is considered to have taken place if a quorum is present, but absentee voting cannot be held.

Thus, decisions for which at least 2/3 of the votes of residents must be cast cannot be made and the meeting will have to be held again. In such a situation, the in-person/absentee form of the meeting has a significant advantage and is the best option for making decisions by the residents of the house.

The decisions of the general meeting of owners of premises in apartment buildings, as in previous cases, are documented in the minutes of the general public meeting. Decisions and protocols of the OCC are official documents, so falsification of them may result in criminal liability (more on this in another article). These documents are subject to mandatory placement in the Housing and Communal Services State Information System by the initiator of the general meeting. Copies of decisions and minutes of the general meeting must be provided to the management company no later than 10 days after the general meeting (Part 1 of Article 46 of the Housing Code of the Russian Federation).

This is interesting: What to write in the application of the person who provided the residential premises: public services 2020

Providers of public services, in accordance with Part 1.1 of Article 46 of the Housing Code of the Russian Federation, within five days from the receipt of copies of decisions and the OSS protocol, including using the GIS housing and communal services system, must send them to the State Housing and Public Utilities body for storage for 3 years.

You can organize and hold a legally competent general meeting of owners of premises in an apartment building in person and in absentia, prepare a register of owners for it and draw up minutes of the meeting using the “OSS 100%” service. Ksenia Terletskaya

Share with colleagues and friends

The general meeting of owners of housing or premises is the governing body of an apartment building. This means that each meeting contains an agenda (issues) on which decisions must be made. The form of decision-making determines the form of such a meeting of the HOA: in-person voting, in-person or absentee voting. Absentee voting is carried out in the absence of a quorum, i.e. The meeting was attended by owners with less than 50% of the votes of the total number of votes of all home owners.

The Housing Code of the Russian Federation does not separately highlight the list of issues that are adopted at the general meeting of homeowners exclusively by in-person voting or by absentee voting. This means that any issue put on the agenda can theoretically be resolved by absentee voting. This:

whether to carry out major or current repairs of common property;
how to use the capital repair fund;
how to form a capital repair fund for a residential building;
whether to obtain a loan for major repairs, whether to set an increased fee for major repairs (more than the minimum);
issues of using common property, installing advertisements, leasing, etc.

If the procedure for holding a meeting or absentee voting was violated, the protection of housing rights is carried out in court. The owner of residential premises in such a house has the right to file a claim in court to challenge the decision of the general meeting of owners.

If the meeting of homeowners did not take place due to lack of quorum, it hardly makes sense to hold the meeting again. Then absentee voting takes place. And the survey path assumes the following order.

The meeting agenda remains the same (as if attempting to hold the meeting by voting in person). Each owner is sent a message, which, in addition to the agenda, must indicate: the date and time when the reception of messages from owners on issues put to vote ends, the address where such decisions should be transferred, how and where to familiarize yourself with the materials that will be presented at the meeting , the initiator of the meeting and his contact phone number.

The homeowners in the house make decisions on each issue - for, against, abstain. The decision form contains information about the person who voted, about the document on the ownership of such person. It is submitted to the address specified in the message and the counting commission conducts a count of votes.

Voting in absentia involves making decisions on each item on the agenda only on the basis of written decisions received before the deadline. The number of votes of each owner is determined in proportion to his share in the right of common ownership of the common property in this house. The owner has the right to act through a representative if he has a special notarized power of attorney for voting (you can create one following the example of a power of attorney for signing documents).

Only those votes that clearly expressed one decision on one issue are counted - for, against, abstain. If the owner violated this requirement in some issues, his vote on such issues is not counted and does not affect the validity of decisions on other issues.

When holding a general meeting of owners of an apartment building, it is necessary to draw up documents confirming the proper organization of absentee voting. To draw up documents, it is convenient to use the provided sample forms, adapting them to suit your situation (there is no strict form for the forms).

Minutes of the decision of the general meeting of owners

Minutes of the counting commission of the general meeting

Owner's decision during absentee voting

Registration sheet for delivery of notifications

Notice of a meeting in the form of absentee voting

Federal Law dated June 29, 2015 N176-FZ introduced a new form of General Meeting in the Housing Code of the Russian Federation - in person and in absentia. A number of specialists in the housing sector have the opinion that, in fact, nothing new has emerged, because even before this meeting it was rarely possible to hold it in person, while holding absentee voting right away is unacceptable. Therefore, the overwhelming majority of general meetings were held according to the following scheme: first in person, at which it is very rarely possible to gather a quorum, then in absentia according to the same agenda. That is, in fact, general meetings of owners of apartment building premises were held, one might say, in person and in absentia. Let's try to figure out what the differences are between the new form of general meetings and the previously existing scheme of holding an in-person meeting and then absentee voting.

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

Part 3 of Article 47 of the RF Housing Code states verbatim: “A general meeting of owners of premises in an apartment building may be held through in-person and absentee voting, providing for the possibility of in-person discussion of issues on the agenda and making decisions on issues put to vote, as well as the possibility of transferring decisions of the owners to within the established period to the place or address indicated in the notice of holding a general meeting of owners of premises in an apartment building.”

The requirements for quorum and the procedure for notifying owners of apartment building premises about the upcoming meeting are regulated by Article 45 of the Housing Code of the Russian Federation. The general meeting of owners of premises in an apartment building is valid (has a quorum) if the owners of premises in this building or their representatives with more than fifty percent of the votes of the total number of votes took part in it (Part 3 of Article 45 of the Housing Code of the Russian Federation). The initiator of the meeting is obliged to inform the owners of the premises in this building about the holding of such a meeting no later than ten days before the date of its holding. Within the specified period, a message about holding a general meeting of owners of premises in an apartment building must be sent to each owner of the premises in this building by registered mail, unless the decision of the general meeting of owners of premises in this building provides for another way of sending this message in writing, or delivered to each owner of the premises in this house under signature or placed in the premises of this house, determined by such a decision and accessible to all owners of premises in this house (Part 4 of Article 45 of the Housing Code of the Russian Federation).

This is interesting: Can water be turned off for non-payment? 2020

It must be recalled that holding an annual general meeting is the responsibility of the owners exclusively (Part 1, Article 45 of the RF Housing Code), and in addition to the annual meeting, an unlimited number of other meetings can be held, which will be extraordinary. The initiator of the general meeting can be either any of the owners or the management organization (Part 7, Article 45 of the Housing Code of the Russian Federation).

The requirements for the content of the message about holding a general meeting are established by part 5 of article 45 of the Housing Code of the Russian Federation.

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

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

The in-person and absentee form is especially relevant when considering issues on which decisions must be made by 2/3 of the votes of the owners (parts 1-3.1, 3.2-3.5 of Article 44 of the Housing Code of the Russian Federation). If a meeting on such issues is held first in person and then in absentia, a situation is possible in which the owner with more than 50%, but less than 2/3 of the votes, took part in the meeting in person. In this case, the meeting in person has taken place, there is a quorum, therefore, absentee voting cannot be held. At the same time, decisions for which at least 2/3 of the votes of the owners must be cast cannot be adopted! The full-time and part-time form of OSS is free from such a significant drawback.

Decisions of the general meeting of owners of premises in an apartment building are documented in protocols in accordance with the requirements established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of housing and communal services (such a body is the Ministry of Construction of Russia). Decisions and minutes of the general meeting of owners of premises in an apartment building are official documents as documents certifying facts that entail legal consequences in the form of imposing obligations on the owners of premises in an apartment building in relation to the common property in a given building, changing the scope of rights and obligations or releasing these owners from their duties, and are subject to placement in the system by the person who initiated the general meeting. Copies of decisions and minutes of the general meeting of owners of premises in an apartment building are subject to mandatory submission by the person on whose initiative the general meeting was convened to the management organization, the board of a homeowners' association, housing or housing-construction cooperative, other specialized consumer cooperative no later than ten days after holding a general meeting of owners of premises in an apartment building (part 1 of article 46 of the Housing Code of the Russian Federation).

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

Providers of public services in accordance with Part 1.1 of Article 46 of the Housing Code of the Russian Federation, within five days from the receipt of copies of decisions and minutes of the general meeting of owners of premises, are obliged to comply with the procedure established by the federal executive body exercising the functions of developing and implementing state policy and regulatory regulation in the field of housing and communal services, send copies of these decisions and the protocol, including using the GIS Housing and Communal Services , to the state housing supervision authority for storage for three years.

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

A detailed program, conditions for purchasing access to viewing and filling out an application are available here ►

Other

Land surveying of a summer cottage: is it necessary to carry out it and why is it necessary 2020

Great article 0

Selecting a control form

The main issue that is decided at the general meeting is the choice of the form of management. This decision determines who will maintain the house, resolve issues with suppliers of natural resources for the living conditions of the building, how tariffs for utilities will be drawn up and other aspects.

What methods of housing legislation management can homeowners choose? There are several options, each with its own advantages and disadvantages.

All issues related to house maintenance are handled by the Management Company.
The Homeowners Association assumes responsibility for the building.
Direct management of the building by the owners of the premises is used (this method, according to current housing legislation, is only suitable for houses with no more than 16 apartments).

Order of conduct

In order to hold the first general meeting of apartment owners and subsequent ones, you need to follow a certain procedure for organizing and conducting the event.

ATTENTION! The general meeting must be held at least once a year, this is required by Article 45 of the Housing Code.

An event can be initiated by any of the residents of the house, or by a member of the board, the chairman . This applies to meetings both in person and in absentia.

The first step is to notify residents about the OS. Such a notice shall indicate the form of the meeting, information about the person who decided to organize it, and the time allotted for receiving the expression of will of the co-owners of the house on issues put to vote.
For an in-person meeting, the notice shall indicate the meeting place, time, and date. In case of absentee voting - time and place to familiarize yourself with the results of voting on current issues.
Ballots are distributed to apartments in which homeowners can vote on the issues presented.
Then a special group tallies the votes and makes the information available to everyone.
Voting forms for each of the issues submitted for consideration are filled out by the owners in person. Perhaps some of them do not have the ability to perform such an action. In this case, he draws up a power of attorney for another person. If someone voted for the owner on the ballot, they must attach a power of attorney to the form.

Also, the information text must contain information about the agenda of the meeting, the method of obtaining information presented at the meeting. It is also necessary to indicate to residents the time when it will be possible to familiarize themselves with the results of the absentee meeting, and the address at which this can be done. We also need the data of the person who initiated the event.

An absentee meeting has the same powers as an in-person meeting; the most complex and serious issues can be considered at it. Article 47 (Part 3) of the Housing Code makes it mandatory to comply with the owner’s decision.

If an absentee meeting was held in violation of the rules, its decisions may be considered unlawful, and even legal proceedings on this issue are possible.

What forms of meetings are held?

The law clearly states the forms in which meetings of residents of the same building can be held. You can use a specific form depending on the situation, which can significantly simplify the voting procedure. The following forms are used by law:

Full-time. It involves gathering citizens in one place where all important issues are discussed. The main problem with such voting is the difficulty of obtaining an optimal quorum, since many residents are unable or unwilling to attend the meeting. But with direct communication between citizens, it is possible to have a good understanding of all important issues. Every citizen can submit their questions.
Correspondence. Residents do not meet together, so each citizen expresses his will only through a ballot received from the chairman of the house. Completed documents are submitted by the due date. With the help of such voting, it is possible to obtain votes from a large number of residents. Citizens' time is saved, but there is no opportunity to thoroughly discuss all issues. For such voting, various electronic services are often additionally used, which greatly simplifies the process.
In-person and absentee voting for homeowners. The procedure involves combining some features of the two above schemes. Initially, a face-to-face meeting is held, which is attended by all residents interested in personal discussion of important issues. The rest of the citizens are given absentee ballots. This method makes it possible to achieve the required quorum, but a lot of time is spent on the procedure.

The specific form is indicated in the announcement of the meeting. If it suddenly changes, then decisions made at such an event are easily invalidated. A meeting is considered competent when the required number of votes, called a quorum, is gathered. Additionally, numerous formalities must be observed. The chairman must have a good understanding of how homeowner voting is conducted in person if this method of decision-making is chosen.

Mandatory requirements

The following requirements apply to holding an absentee meeting.

Decisions must be recorded in writing.
The voting form must contain accurate information about the owner of the property who participated in the absentee meeting, as well as information on documents confirming ownership. Important information - decisions on each issue on the ballot. To do this, you need to put “for”, “against”, “abstained” in the appropriate column.

All voting decisions must be clearly and accurately interpreted, without any ambiguity. Homeowners in apartment buildings should know until what date they can bring completed ballots, when they can (and where) find out the results of voting in their home.

If apartment owners have not submitted their “yes” or “no” ballots before the specified time, they will not be considered as those who took part in the vote.

Decision-making

When all the ballots with apartment owners voting on pressing issues have been collected, a counting commission is created. The composition of the commission is approved, like other issues, at the general meeting.
Members of the commission count the votes, only those who clearly expressed their agreement or disagreement on the issue are taken into account.

If the owner filled out the ballot with violations, the form will be considered invalid and will not be taken into account when counting votes.

The main document in which decisions made by residents are formalized is the protocol. All protocols should be kept in one place so that they can be consulted .

Notices of the meeting and various decisions of the owners on house maintenance issues are also stored in the same place. What else is indicated in the protocol?

It is necessary to write down in this important document the date of summing up the voting results, the place where this process was carried out, the OS agenda, and the quorum. At the end, the protocol must be signed by the responsible persons; most often, the signatures are given by members of the counting commission.

Voting of apartment building owners - vote counting

How are votes of owners counted at a meeting?

Special attention in the procedure for the general meeting of owners of an apartment building requires, of course, the calculation of the results obtained.

The procedure for counting votes is quite simple if you look at its basic principles. The general list of these is as follows:

The counting of votes received when residents vote at the OSS is carried out directly using the compiled register and its data. According to the generally accepted norm, 1 square meter of property of each voter is taken as one vote. That is, if the owner, say Mikhail, individually owns (or jointly with his wife) an apartment of 75 square meters and voted at the meeting, then on his behalf the same 75 votes are counted in the general list of such votes. And, for example, another tenant, Irina, owns an apartment of 40 square meters together with her ex-husband on the basis of shared ownership in equal parts, then in this case, Irina’s votes are considered to be that part of the footage of her property in the apartment building that is in her official possession , that is, 20 square meters.
During the voting process, apartment building residents have the right to vote either to resolve the issue that has arisen, or to ignore it, or to keep their vote to themselves altogether. Thus, when counting votes, three basic units are taken into account: “FOR”, “Against” and “Abstained”.
As a rule, the initiator of this event is responsible for counting the votes received in voting at the OSS. The counting of votes at the general meeting of owners of apartment buildings is carried out according to a formula. The final decision is made based on the majority of votes received during the voting, taking into account those residents who participated in it. For example, the owners of 3,000 square meters gathered at the OSS MKD with an area of 4,500 square meters. Residents who own a total area of 2,200 square meters voted to resolve the issue in a specific way. Thus it turns out: (2200 * 100%) / 3000 = 73.3% - residents voted for the solution to the issue, which means it will be accepted as mandatory.

Organizers

Most often, OSs are organized by members of the house council, its chairman. These people know most about maintenance problems, the technical condition of the building, and the procedure for organizing the event. But any of the apartment owners can draw attention to this or that problem of the house and become the initiator of a general meeting.

To prepare and conduct it, you just need to get acquainted with the standards of housing legislation and carry out this event according to the instructions. First, an announcement is made indicating the time of absentee voting and issues that need to be urgently resolved. You will need to prepare ballots and assemble a counting commission.

If they wish, proactive and responsible citizens who are not indifferent to the fate of their home will be able to properly hold the event and announce the voting results.