home Auditorium 8 Minutes form (sample) of an extraordinary general meeting of owners of premises in an apartment building. Sample minutes of a general meeting of owners of an apartment building Sample minutes of a general meeting of an apartment building

Minutes form (sample) of an extraordinary general meeting of owners of premises in an apartment building. Sample minutes of a general meeting of owners of an apartment building Sample minutes of a general meeting of an apartment building

Buying an apartment is certainly a joyful event in life. But we must remember that an apartment is part of an apartment building. Therefore, you will have to use a certain set of benefits that belongs to all residents. All owners have equal rights to use vestibules, elevators, corridors, and basements.

Housing legislation offers three types of management of shared housing:

If the number of apartments is up to thirty, then residents can manage it independently.
Partnership.
With the involvement of the management company.

The legally chosen form will be the one accepted by the majority. Regardless of the type of management, all issues are resolved through joint discussion.

It is important to know! When purchasing housing, you bear the costs of owning not only the apartment, but also the housing complex as a whole. Each resident has a share in it in proportion to the area of his apartment.

You will learn what applies to the common property of an apartment building and the rules for its maintenance in the following material:

To resolve housing issues, the legislator requires a mandatory annual meeting, and reflects recommendations for formalizing the procedure in methodological documents, rules, and principles.

The following main issues may be brought up for discussion:

Reconstruction, repair.
Improvement of the local area.
Outdoor advertising placement.
Vehicle parking.
Hiring a concierge to work.
Choosing a form of control.
Coordination of payment.
Cadastral registration of the land plot under the building and the surrounding area.

Expert opinion

Roman Efremov

Remember! A legally adopted decision is considered to be the consent of a group of owners who have a larger area of apartments than belongs to all residents.

Expert opinion

Roman Efremov

5 years of experience. Specialization: all areas of jurisprudence.

But, with a legally operating homeowners association, decisions are made by the owners who have larger area housing among those who took part in the voting.

The legislator indicates that the distribution of votes is carried out in proportion to shares in ownership of common property. This means that persons who own large living spaces will have priority over other owners, and their votes have greater power. For example, the owner of a 4-room apartment will have more votes compared to the owner of a 1-room apartment.

Note. The norms of the Housing Code establish special cases when the consent of owners who have more than two thirds living space.

Expert opinion

Roman Efremov

5 years of experience. Specialization: all areas of jurisprudence.

Conducting a general meeting of residents: step-by-step instructions

Organizing a general meeting of residents of an apartment building has many subtleties and nuances. The legislator provides for a number of mandatory procedures that must be followed. Otherwise, a precedent will arise in which any of the owners has the right to initiate legal proceedings to cancel or annul the decision.

To comply with all legislative nuances and prevent violation of the rights of owners, the meeting procedure should consist of the following stages:

The meeting can be initiated exclusively by the owner of the residential premises. It is mandatory to organize annual meetings, which are held in the 2nd quarter of the year following the reporting year. If the event has extraordinary status, a written initiative from the management company or one of the residents will be required.
Preparing for the meeting. Before the meeting is held, it is necessary to draw up a list of issues that will be raised at it. Also during this period, persons responsible for the event are appointed, including the secretary and chairman, and persons responsible for counting votes. Having a list of specific questions in hand, authorized persons prepare a protocol form.
Notification of owners. For a meeting to have legal force, more than half of all residential property owners must be present at the event. They are notified in writing of the upcoming meeting at least 10 days in advance. You can notify users about the planned event using a general announcement or individual targeted notifications, which are delivered against signature. If for some reason this is not possible, an invitation to the meeting should be sent by registered mail.
Holding a meeting. An event will be valid if a quorum is present, that is, at least 50% of the total number of owners. If the number of participants is smaller, then the meeting does not make sense, since all adopted resolutions will not have a legislative effect.
Registration of the results of the meeting, announcement of the results and decisions made.

It is worth noting that the legislator does not allow changing the agenda of the meeting. If the owners have been notified of a meeting to resolve certain tasks, they are the ones who must rise to vote. If an event involves a violation of protocol, that is, putting to a vote issues that were not raised in the notification, such a meeting will be illegal, and its results will not be recognized from the point of view of legality.

Important! In order to give the vote greater legal force, specially authorized persons, in particular representatives of the municipal body, should be invited to the meeting. District deputies, public figures and human rights activists, officials of management companies.

Purpose of the protocol

Once the ownership documents have been received by the majority of residents, it is advisable to have a first discussion about the form of management. You need to understand that not all residents can support the management method in the form of a partnership; there may be people who want to give everything into the hands of management companies that professionally maintain the residential complex.

The meeting is considered held if there is a quorum, that is, residents most of the living space voted.

Sample

SAMPLE FORM OF PROTOCOL

GENERAL MEETING OF OWNERS OF PREMISES IN MULTIPLE APARTMENT BUILDINGS

AT HOME (FULL-TIME AND CORRESPONDENCE),

located at:

Moscow region, Dolgoprudny, st. Stroiteley, 5

Protocol No. 1

Initiator of the general meeting of premises owners:

sq. No. 2 Andreev A.A., apt. No. 3 Sokolov S.S.

The form of holding the general meeting is in person/in absentia.

Venue square No. 2.

The total area of the apartment building (owned by the owners) is 30,000 sq. m. m.

The area of the apartment building owned by citizens is 29,300 square meters. m.

Area of an apartment building owned by legal entities

persons - 700 sq. m.

The area of an apartment building located in the state

(municipal) property - 0.

Owners (representatives of owners) of residential premises – 60%.

Owners (representatives of owners) of non-residential premises – 3%.

In total, owners (representatives of owners) were present,

Quorum – available.

The general meeting of premises owners is valid.

Agenda:

Question No. 1.

Approval of the Regulations for holding general meetings of the house located at the address: Moscow region, Dolgoprudny, st. Stroiteley, 5

The decision on the first item on the agenda has been made.

Applications:

Register of owners of premises in an apartment building (representatives of owners) on 10 sheets.
Notice of holding a general meeting of premises owners on 1 sheet.
Register of delivery of notices to owners of premises about holding a general meeting of owners of premises in an apartment building on 10 sheets.
Registration sheet for owners of premises present at the meeting.
Powers of attorney for representatives of premises owners in the amount of 5 pieces.

Chairman of the general meeting _________________________________/ Alekseev I.K./

(signature)

Secretary of the general meeting _________________________________/ Komarov I.G./

(signature)

Members of the counting commission: ____________________________/ Korobov M.I./

(signature)

How to draw up a protocol

10 days after the end of the collection of decisions, the protocol must be finalized and presented to the neighbors for review. The data for drawing up the protocol is filled in on the basis of the voting sheets recorded in the registration sheet.

Main points of the document:

form and timing of voting;
initiators;
agenda;
date and number of the minutes of the general meeting;
the location of the meeting of apartment building residents;
data on the storage location of all minutes of meetings of residents of an apartment building;
a list of persons present at the meeting (including specially invited guests in the form of employees of the Criminal Code, deputies and representatives of municipal structures);
description of applications.

Expert opinion

Roman Efremov

5 years of experience. Specialization: all areas of jurisprudence.

The document must have the signatures of the following persons:

initiator of the meeting;
the chairman of the meeting, elected from among the owners by a majority vote (50% +1 vote);
the secretary of the residents' meeting, responsible for documenting all decisions made during the meeting;
citizens whose responsibility is the counting of votes.

If the issue of creating a homeowners' association is raised at a general meeting, the minutes must indicate the mandatory notification of all owners of square meters. As confirmation, the document must bear the signatures of all persons who own real estate in a particular house, or their authorized representatives.

One of the key tasks is to ensure the legality of organizing meetings of residents of apartment buildings. To prevent conflict situations, any meeting must be supported by documentary evidence. So, along with the protocol, it is necessary to prepare the following papers:

list of the audit commission;
sample written notice of a meeting;
a form for delivering messages to owners with signatures confirming receipt;
list of authorized persons responsible for the upcoming event.

Instructions for drawing up a protocol

Data for drawing up minutes must be obtained before the start of the meeting. It all starts with compiling a register of residents, preferably indicating the area. It can be obtained from the developer, utility companies, or independently by asking when delivering the notice.

You will learn how to correctly draw up an agreement for shared participation in the construction of an apartment building on the next page:

Let's look at how to fill out the protocol points.

Form of the meeting. The correspondence form is more convenient; it allows you to collect a larger number of decisions from residents over a certain period.
Implementation time. Do not choose holidays and summer periods; it should be convenient for most residents. Residents are notified of the summons by signature or by registered mail with a list of enclosed forms.
Place for submitting decisions.
List the initiators with apartment numbers. These may be the owners, their representatives by proxy, management companies.
Information about is taken from the technical passport of the house.
The methodology for counting votes is not prescribed anywhere by law. It is considered correct to take the total area of all apartments as 100%. The percentage, calculated as the ratio of the area of a resident's apartment to the area of all apartments, will be the vote of this owner. In total, all calculated percentages must add up to 100%.

Responsible _________________________________

Important! If you do not agree with the voting results, you have six months for appeal. This situation obliges the initiators to comply with legal rules for the preparation and storage of documents related to the voting procedure.

Favorable living conditions depend on the activity of the residents themselves. Showing interest in joint property helps to improve relationships between residents and will increase awareness of legal issues. Constructive discussion of issues will reduce housing maintenance costs and increase the value of your square meters.

The general meeting of owners of premises in an apartment building is a building management tool. Let us note that any premises, residential or non-residential, located within an apartment building, belongs to a certain circle of persons by right of ownership. Any proposals regarding management should be discussed collectively and put on the agenda.

What is a general meeting of owners of an apartment building?

In order to make decisions regarding the management of the house, a meeting must be held. It involves discussing issues on the agenda and voting, based on the results of which a protocol is drawn up. All these procedures must strictly comply with the norms of the Housing Code of the Russian Federation.

In order for the meeting of homeowners to be recognized as having taken place, the housing complex stipulates that a quorum must be ensured. A quorum is the number of actual votes required to conduct any type of meeting, annual or extraordinary, and without which a decision cannot be made. To ensure a quorum, the presence of the owners of the premises in the house is necessary; their total area is at least 50% of the total.

Forms of conducting

According to Article 44.1 of the Housing Code, a meeting in an apartment building can be held in several ways:

In person. This is a mandatory event that takes place at least once a year. It is also possible to hold an extraordinary meeting at the initiative of any of the owners of the premises in the house. If there is insufficient quorum, it is considered invalid and postponed to another date. All residents must be notified in writing about the date, time and place of the meeting in advance, at least 10 calendar days in advance.
In absentia form. The Housing Code provides for holding a meeting without the personal presence of residents at one time in one place. You can also vote on agenda items in absentia. This method is also convenient if the meeting did not take place in person. In order to conduct such a survey of owners, it is necessary for the initiators to send each written notification, which must contain information about the method of transferring the vote and the date by which it must be submitted. Then the owner of the premises fills out a feedback form indicating the full name, number, area of the apartment and details of the document confirming the right of ownership, as well as vote for, against or abstain from making a decision. The document is sent to the address specified in the notification. On the appointed date, the votes are summed up. If any is submitted later, it will remain unaccounted for in the quorum.
In full-time and part-time form. Residents can discuss issues of the day in person and vote in absentia. To do this, the address where written voting forms will be collected is jointly determined.

Separately, I would like to dwell on how the voice of each resident of an apartment building participates in resolving issues. Each owner of the premises in the house has the right to express his opinion regarding the management of the house, both personally and through a proxy. In this case, such a person must have a power of attorney, certified by a notary, where the powers are indicated. This document is urgent, i.e. has an expiration date.

Each owner of residential and non-residential space in an apartment building has that part of the vote in proportion to which his premises constitute in the total area.

Minutes of the general meeting of residents 2019

The votes are collected, and the counting commission begins to count them. It remains to record the residents' decision in writing. According to Part 1 of Article 46 of the Housing Code, the decision of the meeting must be reflected in the Minutes. It is drawn up within 10 days after the voting. It must contain the following information:

name of the document, as well as date and registration number,
date and place of the meeting, initiators of the meeting,
agenda: a list of all issues to be discussed, item by item,
the number of people present at the meeting and the presence of a quorum,
an indication of all speakers at the meeting and brief abstracts of their statements,
number of votes on each issue,
signatures of all participants, as well as the chairman, secretary and members of the counting commission.

The form of the protocol with changes in force in 2019 can be found at the following link:

The minutes of a meeting are a serious document and its significance must be treated as such. If all requirements for details and formatting are not met, it will be declared invalid and the decisions annulled.

Sample minutes of the general meeting of residents of an apartment building in 2019:

Minutes of the general meeting of apartment building residents when choosing a form of HOA management:

The initiator or initiators of the meeting must provide the minutes and copies of all voting ballots to the housing organization managing the house within 10 days after the event. Then she sends these documents within five days to the housing supervision authority, where they are stored for 3 years.

Algorithm for holding a meeting

In order to maintain the legitimate interests of homeowners, certain points must be adhered to when holding a meeting.

1. The meeting is organized by initiative. Annual ones are held in the 2nd quarter of the year after the reporting year. An extraordinary one can take place at the initiative of the management organization or any of the owners.

2. Preparation and notification. First, you need to decide on the list of issues to be put on the agenda, identify the chairman, secretary of the meeting, as well as the counting commission. Then complete a number of documents:

Announcement,
register of all owners of premises in an apartment building,
forms where voting questions and decisions will be reflected,
protocol forms.

Absolutely all premises owners must be notified in advance of the upcoming meeting at least 10 days in advance. The notification method can be any: an announcement in a visible place, delivery against signature, or registered mail. It should outline where and when it is planned to take place, agenda items and materials prepared for residents. If the absentee form is chosen, then the closing date for accepting votes and the address must be indicated.

Protocol No. ______

extraordinary general meeting of premises owners

in an apartment building located at:

_____________, st. _____________________, house _____, building ______,

held in the form of joint presence

___________ "___" ________ 20____

The initiator of the general meeting of owners of premises in an apartment building is _________.

(Full name of the initiator of the general meeting, name of the legal entity)

_____

(Full names of members of the initiative group, No. of their premises)

There is a quorum. The general meeting of premises owners is competent.

Agenda for the general meeting of premises owners:

Approval of the procedure for holding an extraordinary general meeting of owners in the form of joint presence.
Selection of the counting commission in the composition

____________________________________________________________________

____________________________________________________________________.

Approval of the list of services and works for major repairs as part of the list established by the regulatory legal act of the Government of the Krasnoyarsk Territory.
Approval of the amount of payment for work and services for major repairs in the amount established by the regulatory legal act of the Government of the Krasnoyarsk Territory.
Approval of the timing of major repairs within the time limits established by the regulatory legal act of the Government of the Krasnoyarsk Territory.
Selecting a special account owner -

___________________________________________________________________.

The choice of a credit institution in which a special account will be opened is _________________________________________________________________________________________________________________________________________.
Approval of the procedure for drawing up the minutes of this General Meeting.
Approval of the location of the notice of the decision taken - _____________________________________________________________________.
Approval of the storage location for the minutes and other documents of this General Meeting - _______________________________________________________.

The owners of the premises considered the issues on the agenda and

Select the counting commission as part of

__________________________________________________________________________________________________________________________________________

_____________________________________________________________________

or No decision has been made.

2. Approve the list of services and works for major repairs as part of the list established by the regulatory legal act of the Government of the Krasnoyarsk Territory.