Minutes of the general meeting of members of ZhSK-34

Published in the magazine “Chairman of the HOA” No. 6_2018

When using this material, an interactive link to the source is required © “Chairman of the HOA”

Almost all owners of special accounts for major repairs do not intend to delay carrying out repair work using a special account. As the practice of pioneers has shown, difficulties with using a special account arise when preparing documents for the bank. Bank employees are very scrupulous, but quite rightly, about the wording in the minutes of the general meeting.

Below is a “universal” protocol based on:

— Housing Code of the Russian Federation;

— Order of the Ministry of Construction of Russia dated December 25, 2015 N 937/pr “On approval of the Requirements for the preparation of minutes of general meetings of owners of premises in apartment buildings...”;

— specific work in the HOA “Perovskaya 22 building 2” (Moscow)

In the protocol, references to legal acts on the basis of which certain issues put to a vote are formulated are highlighted in red.

When preparing documents for the bank (GZHI, FKR), you need to pay attention to the following “subtleties”:

– documents confirming the powers of the chairman of the HOA board are submitted to the bank every 2 years after election/re-election. Therefore, the bank easily identifies the current chairman of the HOA/housing cooperative and no questions arise from the bank;

– with a special account for the capital repair fund, formed on a special account of the HOA/housing cooperative (the special account may also be on the management authority without the HOA/housing cooperative, that’s another story), the initiator of the meeting on carrying out major repairs must be the owner of the premises in the apartment building. The chairman of the HOA, as an official/elected person, cannot initiate the meeting. Only the owner can be like that. And it is advisable for such owner to be the chairman of the HOA or another person whose powers are confirmed at the time of signing the documents (the authorized person has the right, on behalf of all owners of premises in the apartment building, to participate in the acceptance of services provided and (or) completed capital repairs, including signing the corresponding acts);

– the wording of the issues raised at the meeting and reflected in the minutes must coincide with the wording of the Housing Code of the Russian Federation and the regional overhaul program. For example, it is impossible to raise the issue of 100% replacement of interpanel seams at a general meeting; this type of work is not included in the Housing Code of the Russian Federation. It is necessary to raise the question of “façade repair”. Otherwise, the State Housing Inspectorate and the FKR will most likely understand what we are talking about and questions may not arise. But the bank may not accept such a document, because there is no such type of work in the regulatory legal acts on major repairs;

– if several types of work are planned, for example, repair of elevators and repair of garbage chutes, then each type of repair work is put to a vote separately;

– in the protocol, the sum of votes in 3 columns (“for”, “against”, “abstained”) must strictly correspond to the quorum;

– the registration number of the minutes must correspond to the serial number of the general meeting during the calendar year (clause 7, section II, Appendix No. 1 to the order of the Ministry of Construction of the Russian Federation dated December 25, 2015 No. 937/pr);

– the title of the protocol must contain the address of the MKD, the type of meeting (annual, extraordinary) and the form of its holding (in-person, absentee, in-person and absentee voting) (clause 9, section II, Appendix No. 1 to the order of the Ministry of Construction of the Russian Federation dated December 25, 2015. No. 937/pr);

– the date of the minutes of the general meeting is the date of drawing up the minutes, which must correspond to the date of summing up the results (end of vote counting) of the OS (clause 6, section II, Appendix No. 1 to the order of the Ministry of Construction of the Russian Federation dated December 25, 2015 No. 937/pr).

– the minutes indicate the details of the document confirming the ownership right of the initiator of the meeting to the specified premises (clause 11, a), section II, Appendix No. 1 to the order of the Ministry of Construction of the Russian Federation dated December 25, 2015 No. 937/pr)

– as the place of holding the OS, the address where the meeting was held in person, or the address to which the written decisions of the owners of premises in an apartment building during in-person and absentee voting were transmitted (clause 6, section II, Appendix No. 1 to Order of the Ministry of Construction of the Russian Federation dated December 25, 2015 No. 937/pr).

PROTOCOL No. 1

general annual meeting in absentia of premises owners

in an apartment building at the address: Moscow, st. Perovskaya, 22 building 2,

conducted in absentia from April 14, 2018 to May 14, 2020.

The initiator of the meeting - the owner of the premises (apartment___, certificate of ownership ________) in the apartment building Sergei Aleksandrovich Shiyanov (who is also the chairman of the board of the HOA "Perovskaya 22 building 2") - held a general meeting of the owners of the premises through absentee voting (by poll).

The apartment building has 202 apartments, 1 non-residential premises, 255 owners owning 11,277.2 sq. m. m. of residential and non-residential premises in the house, which constitute 100% of the votes.

145 owners of 139 apartments, owning 7939.1 sq. m. , took part in the absentee voting m of residential and non-residential premises in the house, which is 70.4% of the shares of all owners of the apartment building , there is a quorum.

The general meeting was held at the address: Moscow, st. Perovskaya, 22, building 2

1. Election of the chairman, secretary of the general meeting and members of the counting commission of the meeting.

The decision on the first issue has been made

1. Approval of major repair work - repair of in-house heating engineering systems

The decision on the second issue has been made

1. Approval of the maximum permissible cost of services and (or) work on major repairs of in-house engineering heat supply systems .

The decision on the third issue has been made

1. Approve the timing of major repairs of in-house engineering heat supply systems

The decision on the fourth issue has been made

1. Approval of the source of financing for capital repairs.

The decision on the fifth issue has been made

1. Approval of major repair work - repair of entrances

Next are paragraphs 7, 8, 9 (repetition of paragraphs 3-5 - approval of the maximum cost of work for this type of work, timing of work, source of financing). This repetition is necessary because they may be different for different types of work.

1. Approval of a person who, on behalf of all owners of premises in the apartment building, is authorized to participate in the acceptance of completed major repairs, including signing the relevant acts.

The decision on the tenth issue has been made

1. Opening a deposit in a special account for the formation of capital repairs

1. Approval of a person who, on behalf of all owners of premises in the apartment building, is authorized to participate in the acceptance of completed major repairs, including signing the relevant acts.

(not necessary)

Tags:
• Sergey Shiyanov
• overhaul
• special account
• minutes of the general meeting
• example protocol
• universal protocol
• major renovation
• use of a special account

Counting commission

Voting at a general meeting is a complex and drawn-out procedure for many owners, with many confusing things.
That is why at the meeting it is necessary to elect a secretary, chairman and counting commission - people who know this process well. The latter has a special role - after all, its participants count the votes of the owners of the apartment buildings and sum up the results.

MKD Counting Commission: is it possible to do without it?

According to the Housing Code of the Russian Federation, the Counting Commission of the general meeting of owners is elected at the beginning of the meeting immediately after the appointment of the secretary and chairman.

Who can be part of it? Anyone present at the discussion. Often these are several residents who enjoy the trust of their neighbors.

How many people should be included in it, you decide yourself.

We recommend choosing an odd number of members from people who have different points of view on the issues being discussed. This will ensure the impartiality of the count.

Its only task is to record on paper how those gathered vote.

Typically, commission members count raised hands independently of each other and then compare the results. It turns out that you check the results on the spot.

The difficulty is that in the old-fashioned way one hand can be counted as one vote. This is fundamentally illegal.

ATTENTION! After all, the number of one or another owner depends on the share of its area in the total area of ​​the house.

Therefore, it is logical to count separately the owners of 1-room, 2-room and 3-room apartments. Otherwise, it will not be possible to quickly convert them into quantities, and errors in calculations may lead to a challenge in court.

We advise you to distribute cards to the owners with the amount they will have to raise.

Another option to avoid difficulties in calculations is to use forms (we provide samples below).

The Housing Code requires each member of the Counting Commission to sign the counting protocol.

They must do this after the end of the gathering and summing up the results. This way they confirm the accuracy of the results.

Rules for intramural studies: example of implementation

Quite a lot of people can attend a face-to-face meeting.

Determining the quorum at a general meeting of owners is difficult. If there are 100 apartments in a building, then there may be 40, 50 or even 80 people participating.

It should be understood that in the latter case, the votes of more or less than 50 owners may be needed to make a decision.

We write more about what quorum is and how to calculate it

Organizing a meeting well with so many citizens is not easy. Especially when it comes to discussing controversial issues, where everyone has their own opinion.

You can organize a meeting in several ways - both by raising hands and using ballots if residents want a “closed” form. And the role of the Counting Commission is very difficult to overestimate.

IMPORTANT! Members of the commission must not simply count those present who support the decision. They must record the decisions of each individual, later converting them into quantities.

A sample protocol of the counting commission can be downloaded below. It is necessary to enter the already translated data into the document, indicating the result as a percentage of the quorum.

The results are indicated for each question separately.

The results must be summed up and minutes drawn up within 10 days from the date of the meeting.

However, often everything is done on the same day, and sometimes the results are announced at the end of the meeting.

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How to count votes in absentia: sample protocol

Due to more flexible conditions, in particular longer time frames, many more owners can take part in absentee financing. They express their decision by filling out special ballots. The completed ballot must be submitted by the predetermined time.

Even the busiest residents will be able to take part, because all they have to do is check a few boxes and take the form to the specified location.

The data from the leaflets is transferred to the protocol (the sample can be downloaded from the link).

ATTENTION! The quorum for an absentee meeting can be calculated by the number of ballots received, converted into votes also in accordance with the footage.

As in the first case, the results must be calculated, and therefore the protocol must be drawn up, within 10 days.

The MKD Counting Commission must enter data from individual ballots into the general list of participants, indicating the decision of each owner next to his name.

It is necessary to count the number of affirmatives and their ratio to the total number of participants. At the end, the results are summed up - whether a decision was made on each issue.

REFERENCE! Remember that during the same 10 days you must provide several copies of the results: one of them must be posted in a place where residents have public access.

Below we have selected detailed video material on the topic of the article:

Members of the counting commission are engaged in counting and summing up the final results. The number of members and composition should inspire confidence among the participants, so it is recommended to include an odd number of members chosen from those who hold different views on the issues raised.

It is recommended to keep the calculation in writing so as not to have any claims regarding the correctness of the calculation.

In a company with more than 100 shareholders - owners of voting shares, a counting commission is created with the composition and number approved by the general meeting of shareholders. The counting commission cannot contain less than three people.

By a court decision, the claims to invalidate the decisions of the general meeting of shareholders were legally satisfied (resolution of the Federal Antimonopoly Service of the North-Western District dated May 27, 2002 in case No. A52-3737/01-1) * (162).

Source: https://prioritetspb.ru/2019/11/schetnaya-komissiya/