Is it legal to hold an absentee meeting of the owners of the apartment building?

The procedure for holding an in-person meeting of homeowners

The Housing Code in Article 45 establishes requirements regarding quorum and the provision of information to citizens about the upcoming event. It is stipulated that a meeting can be considered held provided that more than half of the residents of the house have expressed their opinion. The rules indicate the need to notify all persons with rights of ownership of residential premises. This should be done in written format using notices. They are sent by mail or handed directly to the person. In the latter case, he must sign for receipt of the document. You can also place such information on a stand to which all citizens have access.

The initiative to implement the event comes from:

• representatives of the management company;
• residents.

The in-person absentee form of voting presupposes the possibility of simultaneously receiving votes from owners; it is necessary to establish a time limit for the transfer of absentee votes. This method helps manage the process and ensure that the required number of votes are received to form a quorum.

At the general meeting of residents, issues related to the maintenance of houses are resolved

It does not matter whether a quorum is reached during the primary vote, since the results of both forms are subject to summation. Only after the completion of the specified formats for expressing the opinions of owners does the determination of results begin. The form in question is most convenient in a situation where a decision is considered adopted if 2/3 of citizens vote for it. An in-person meeting of owners of an apartment building under the Housing Code of the Russian Federation provides for the mandatory formation of a protocol. The decision made is an official act. If falsification of results occurs, liability enshrined in the Criminal Code occurs. These acts must be posted on the official website of the State Information System for Housing and Public Utilities. A copy of the decision must be submitted to representatives of the management company. The law limits the period of such sending - it cannot be more than 10 days. The countdown begins from the moment the event ends.

Legislator on meetings of residents of apartment buildings

Legislation on self-government in an apartment building. Photo No. 1

The general meeting of owners of an apartment building is a fairly important event, first of all, for the residents themselves. The general essence of such fees is clear to almost any person, however, when considering the topic in more detail, it is important to use the concepts that the legislator uses in legal acts.

As noted earlier, the topic we are considering is fully regulated by the Housing Code of the Russian Federation. Summarizing the information from this legislative act, we can identify the basic concepts on today's issue. Our resource went through this procedure and generated the following list of definitions that are extremely important to consider for the understanding of the essence of the phenomenon being considered today:

• An apartment building (MKD) is a residential building that includes two types of territories: private property of the residents of this building (individual apartments) and common property distributed among all residents of this building and under their supervision (entrances, elevators, access areas and etc.).
• The General Meeting of Owners (GMS) is an organized meeting of all residents of an apartment building or the majority of them, aimed at resolving all issues related to the maintenance of their common property.
• Voting is the only form of decision-making at the OSS, the procedure for which is regulated by the legislation of the Russian Federation and cannot be violated.

Powers of the general meeting of owners. Photo No. 2

Now that the essence of the issue under consideration is more or less clear to everyone, we can begin to analyze it in more detail. First of all, we note that the Housing Code of the Russian Federation vests the OSS with a number of basic powers. More precisely, the following:

• choice of control method for MKD;
• choosing a management company (if the residents of the house have no desire to independently monitor the common property);
• approval of tariffs for organizing the repair of common properties and their maintenance;
• making decisions regarding the start of major repairs;
• resolving a number of issues that are in one way or another related to the use, maintenance and management of the common property of apartment building residents.

Voting at the OSS on a specific issue is subject to a number of conditions, which will be discussed below. It is worth noting here that legally adopted decisions at the meeting are obligated to be carried out by absolutely all residents of the apartment building, regardless of whether they took part in the voting or not and whether their position coincides with the opinion of the majority or not.

At the moment, there are two main types of general meeting of owners of an apartment building:

• The first is a gathering of residents of a building in which there is a management company. In this case, absolutely every owner has the right to vote.
• The second is a gathering of residents of the building, which uses the “homeowners’ association” form of management. In this case, only the owners of apartments in the apartment building who have joined this partnership as its member are given the right to vote. All residents of the house have the right to join it and they do this solely at their own request.

Something like this, in general terms, but with the essence preserved, is the legislator’s view of the OSS MKD in Russia. To learn more about the essence and principles of such an event, we strongly recommend that you study the relevant articles of the RF Housing Code or consult with a professional lawyer.

Procedure for in-person and absentee voting

The procedure for holding a meeting in person or in absentia provides that citizens who are the owners of residential premises in a particular house participate. There are several options for voting:

1. Electronic. To do this, a citizen needs to go through the registration procedure on the management company’s website.
2. Writing. The decision of each citizen is reflected in the ballot. The document is issued by members of the initiative group.

Counting the votes is key because after this stage you can know whether the decision has been made or not. The adoption of a certain decision is evidenced by the presence of more than 50% of the votes of the total number of citizens. In some situations, a decision may be made by 2/3 votes.

The right to put a signature on the ballot is given to the person who has the rights of ownership of premises in an apartment building.

Vote counting

Before counting votes, you need to collect decisions from each participant in the meeting. The law allows no more than 10 days for this stage. All information should be reflected in the protocol. A similar deadline is set for reporting results to citizens. The decision adopted at the meeting can be posted on:

• official portal of the management company;
• information board in the entrances of the house.

Members of the counting commission have the authority to count votes. They are the ones who sum up the final results of the meeting. The important point is that the composition of the commission must inspire confidence among all residents of the house. It is best to have an odd number of members. The counting of votes must be done in writing. This is necessary to prevent citizens from filing claims.

Minutes are completed at each meeting

Voting procedure

The procedure for making a decision by the OCC within the scope of authority. Photo No. 3

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After we have understood the essence of the general meeting of residents of the house, we can study in more detail the procedural side of voting at such meetings.

In the legislation of the Russian Federation, the voting procedure is considered in sufficient detail, but it can not be understood by every citizen of our country, since the interpretation of all concepts is carried out in a “legal language” that is incomprehensible to the average person.

In fact, the essence and general principles of voting at the OSS are extremely simple and easy to understand. To make it easier to understand the meeting procedure, we will provide the following information:

• Firstly, a meeting of residents can be carried out in three forms:
• in-person gathering, that is, a meeting in the direct presence of all residents of the apartment building;
• absentee collection, that is, a meeting at which decisions are made in writing by each resident of the apartment building;
• in-person collection, that is, a meeting at which decisions are made in the manner of both in-person and absentee collection.

All types of OSS are absolutely legal and competent. The main thing is that during their implementation the basic norms of this procedure are observed.

• Secondly, when organizing a meeting and subsequent voting, it is important to maintain a quorum, that is, a certain number of residents taking part in the meeting and directly voting. According to current laws, the quorum at the OSS is determined by the area of ​​housing. In accordance with the Housing Code of the Russian Federation, a quorum is considered to be met if the owners of more than 50% of the residential area of ​​the apartment building are present at the meeting. Otherwise, it is impossible to conduct the OSS and, accordingly, voting.

Maintaining OSS protocol. Photo No. 4

• Thirdly, the person who initiates the organization of the meeting undertakes to notify all residents of the apartment building about the upcoming event at least 10 days before it takes place. Notification of the OSS must be in writing by registered mail. A meeting can be initiated by:
• any resident of an apartment building;
• Management Company;
• members and authorized persons of the homeowners association.
• Fourthly, before voting it is necessary to draw up a special register containing the following information:
• Full name of the owner of each apartment who is present at the meeting or there is a representative instead;
• footage of the apartment of each tenant participating in the OSS.
• It is very important to compile such a register, since it is with this information in mind that the quorum is determined and voting is carried out.
• And fifthly, the voting itself is carried out with the direct participation of all residents present at the OSS. Decisions on pressing issues are made only after they have been discussed by the entire meeting and the feasibility of putting them forward for consideration has been determined.

As you can see, the meeting and voting procedure is not so difficult to implement. The main thing in the process of conducting them is to comply with the norms of these events defined by law, which are covered in detail in today’s article.

Voting ballot form

During the voting procedure, a ballot is used. This document contains certain information. The ballot form includes the following information:

• citizen data, including surname, initials and residential address;
• information from a document confirming the existence of rights of ownership of housing;
• an indication of the right regarding the share in the apartment, its size;
• possible answer options (can be yes, no or abstain);
• Date of preparation;
• signatures of citizens.

When talking about what absentee voting is, it is important to consider that this form allows all residents of the house to have access to the information considered at the meeting. All persons living in the house, even if they do not attend the meeting, can take part in voting.

Sample minutes of an absentee meeting

A sample meeting minutes is drawn up according to general rules, but taking into account certain features.

The decision states:

1. Place and date of document generation. You need to understand that the process lasts several days, for this reason a specific period must be reflected. The location is the city where the house is located.
2. Number of persons participating. To determine the quorum, the number of votes cast by citizens is taken into account.
3. Issues raised at the meeting and decisions made on them. The wording that was used when drawing up the notification should be reflected.
4. It records how many votes were cast for, against, and how many citizens abstained from expressing their opinions.

All ballots must be attached to the minutes of the meeting. This is necessary to confirm the participation of citizens in decision making. Each deed must be signed by the owner of the apartment. When using the internal-correspondence form, the protocol is formed according to similar rules.

Documents for holding a general meeting of owners of apartment buildings

Documents for holding a general meeting of owners of apartment buildings, recommended in Moscow. This set of documents for holding a general meeting of owners of premises in an apartment building through in-person and absentee voting on the issues of carrying out major repairs of the common property of owners of premises in an apartment building and includes:

Appendix 1 – sample form of the register of owners of premises in an apartment building; Appendix 2 - an approximate form of notification of a general meeting of owners of premises in an apartment building; Appendix 3 - an approximate form of a registration sheet for delivering a notice of holding a general meeting of owners of premises in an apartment building; Appendix 4 - an approximate form of a registration sheet for the owners of premises or their representatives at a general meeting of owners of premises in an apartment building, held by means of in-person and absentee voting; Appendix 5 - an approximate form of a decision of the owner of the premises at a general meeting of owners of premises in an apartment building, held by absentee voting, on issues put to vote; Appendix 6 - an approximate form of the minutes of the general meeting of owners of premises in an apartment building; Appendix 7 is an example form of a power of attorney for voting at a general meeting of owners of premises in an apartment building.

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Rules for absentee voting in the Moscow City Palace

Forms for holding a general meeting 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).

The procedure assumes that a decision has the status of adopted when it receives more than half the votes of those present. In exceptional cases, decisions become adopted when they receive two-thirds of the votes. This type of voting assumes that only the owners themselves are allowed to sign documents drawn up during the meeting.

The procedure for counting votes during a general meeting of owners:

In accordance with Part 3 of Art. 48 of the Housing Code of the Russian Federation, the number of votes that each owner of a premises in an apartment building has at a general meeting of owners of premises in a given building is proportional to his share in the right of common ownership of common property in a given building.

In accordance with Part 1 of Art. 37 of the Housing Code of the Russian Federation, the share in the right of common ownership of common property in an apartment building of the owner of the premises in this building is proportional to the size of the total area of ​​​​the specified premises.

In accordance with Part 1 of Art. 46 of the Housing Code of the Russian Federation, decisions of the general meeting of owners of premises in an apartment building on issues put to vote are adopted by at least two-thirds of the votes of the total number of votes of owners of premises in an apartment building.

Votes can be counted in the following ways:

1) The number of votes of each owner is calculated as the ratio of the area of ​​the property owned by him to the total area of ​​​​all premises owned in a given house. For example, with an apartment area of ​​63 sq.m. and the total area of ​​premises in the house is 2453 sq.m., the owner of such an apartment has 63/2453 votes. Accordingly, in order to make a decision, it is necessary to collect a number of votes that is greater than 2/3. The calculation is carried out according to the mathematical rules of operations with simple fractions: to find 2/3 of the votes from 2453 sq.m. you need to multiply 2453 by 2 and divide by 3, it turns out 1635.33 sq.m. The decision must be made for no less than 1635.33 sq.m. from 2453 sq.m.

2) The number of votes of each owner is considered equal to the area of ​​the premises belonging to him. Using the same figures, we believe that the owner of the apartment has 63 votes, for a total of 2453 votes in the house. To make a decision, 2/3 of 2453 votes are required, that is, 1635.33 votes. The decision must be made by no less than 1635.33 votes out of 2453 votes.

3) The number of votes of each owner is calculated as a percentage of the area of ​​the apartment belonging to him to 100%.

For example, an owner owning an apartment of 63 sq.m. with a total area of ​​premises in the house of 2453 sq.m. has 63 / 2453 * 100% = 2.56% of votes.

The decision must be made by 2/3 * 100% = 66.67% of the votes.

The decision is considered adopted if more than 66.67% of the owners vote for it.

The most correct

is the first method of counting votes, since it strictly complies with the Housing Code of the Russian Federation. But since the result is the same for any of the options, owners in practice can use the one that is more convenient and understandable for them.

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Summing up the results of absentee voting

To summarize the voting results, a counting commission must be created. Its composition is proposed by the initiators of the general meeting and approved by the general meeting.

When voting on issues put to vote, votes are counted on those issues for which the owner participating in the vote has left only one of the possible voting options. Decisions executed in violation of this requirement are considered invalid and votes on them are not counted.

The owner’s decision may contain several questions; in this case, failure to comply with the requirement to leave only one answer option for one question does not entail invalidation of decisions on other questions (Clause 6 of Article 48 of the RF Housing Code).

What it is

So what is a part-time form? When should this vote be held? After all, the legislation has adopted three formats, some of which are separate – in-person and absentee voting. The fact is that this format does not always bring results, since the number of people is not recruited.

The joint form combines several forms at once, which allows you to discuss issues in person, and then transfer the issue to citizens who did not come for resolution in absentia. The decision is given a deadline in accordance with Part 3, Article 47 of the Housing Code of Russia. The form is especially relevant when it is necessary to make a decision, where at least 2/3 of the votes of property owners are required.

Counting votes of the OSS of an apartment building: main nuances

The counting of votes after voting within the OSS is based on the type of ownership of the MKD:

1. General joint. The meeting participants jointly own and use the property as common (that is, each of them can dispose of the property with the consent of the others).
2. General share. Participants each own their own share of the premises of an apartment building (if a participant’s share is, for example, one third of the living space of an apartment, then this participant will have only one third of the votes that are taken into account in the count).

In case of common joint ownership, votes are counted taking into account all participating owners: even one of such owners can act on behalf of others, but with their consent. In this case, such a vote will be counted as “100%” – one hundred percent presence. But if, with the right to common joint property, there is no agreement on the joint use and disposal of such property, then the vote of one of the owners will not be counted as one hundred percent.

In case of common shared ownership, the counting of votes after voting of the participants is carried out according to the share ratio. This implies the following: the calculation of the results depends on the proportional accounting of the voting shares of the owners of the living space of the apartment building.

How to correctly count votes during the OSS MKD?

Meeting format: in person and in absentia. Quorum has been reached. For some agenda items, approximately the following distribution of votes is obtained (100% is the number of all voters):

Question: With such a distribution of votes, can we consider that a positive decision has been made on the issue (the number of votes “FOR” is greater than the number of votes “AGAINST”)?