The counting commission of an apartment building: the procedure for election and role in the meeting of owners. Any decision of the general meeting is null and void How many people should be on the counting commission

GENERAL PROVISIONS

Remember that we have a major obstacle - part 6, article 46 of the LC RF about the 6-month statute of limitations:

The owner of premises in an apartment building has the right to appeal to the court a decision taken by the general meeting of owners of premises in this house in violation of the requirements of this Code, if he did not participate in this meeting or voted against such a decision, and if such a decision violated his rights and legitimate interests. An application for such an appeal may be filed with the court within six months from the date when the said owner learned or should have known about the decision. The court, taking into account all the circumstances of the case, has the right to uphold the contested decision if the vote of the said owner could not affect the results of the vote, the violations committed are not significant and the decision made did not cause losses to the said owner.

We bypass the barrier pointing out the nullity of the meeting's decision. But at the same time, it is necessary not to mention at all the mass of other violations in order not to give the enemy the opportunity to raise the question of the non-materiality of the violations mentioned before the court - we focus only on THREE violations

Quorum failure (eligibility; no specific type of evidence presented)

Established requirements are violated - the protocol does not have the proper details (signature of the secretary not elected by the meeting; absence of the secretary's signature, the chairman's signature is forged, etc.)

We point out the nullity of the decision of the meeting in documents of various forms

In a lawsuit - in the form of an Objection to claims or in the form of an Additional explanation in a lawsuit;

In appeals to supervisory or law enforcement agencies;

In complaints about procedural decisions taken on our appeals

Section 1. ILLEGALITY OF A MEETING

EXAMPLE #1 - NOT PROVEN QUORUM

To court

federal judge

case participant

ADDITIONAL EXPLANATION

The defendant claims that there is a decision of the general meeting from DATA, at which a decision was allegedly made to elect LLC as a managing organization. In fact, there is no evidence that the meeting (if it took place) of any decision due to the lack of proof of the quorum

According to Part 3 of Art. 45 LCD RF:

“The general meeting of owners of premises in an apartment building is competent (has a quorum) if the owners of premises in this building or their representatives, who have more than fifty percent of the votes of the total number of votes, took part in it.”

According to Part 5 of Art. 181.2 of the Civil Code of the Russian Federation The minutes of the meeting must contain information about the persons who took part in the voting (clause 2). In violation of these requirements, the minutes of the meeting do not contain information about the persons who took part in the meeting, and therefore there is no evidence that the participants in the meeting actually had, in aggregate, a sufficient number of votes, giving the right to make decisions.

In the decision of the owner on issues put to the vote, in accordance with Part 3 of Art. 47 of the LC RF must indicate:

1) information about the person participating in the voting;

2) information about the document confirming the ownership of the person participating in the vote to the premises in the relevant apartment building;

3) Dealing with every question hangs day, expressed as "for", "against" or "abstained".

According to Part 1 of Art. 46 ZhK RF

State policy and legal regulation in the field of housing and communal services is carried out by the Ministry of Construction and Housing and Public Utilities. In the Order of the Ministry of Construction and Housing and Communal Services of the Russian Federation of July 31, 2014 n 411 / pr Methodological recommendations on the procedure for organizing and holding general meetings of owners of premises in apartment buildings in paragraph 5 of section VI, it is established that the presence of a quorum is confirmed

a registration sheet for participants in the general meeting (owners of premises in an apartment building or their representatives) indicating the last name, first name, patronymic, address, details of the certificate of ownership of the premises in this apartment building, shares in the common ownership of common property in this apartment building, signature owner or representative of the owner with a power of attorney, if the general meeting is attended by a representative of the owner.

In full accordance with Article 60 of the Code of Civil Procedure of the Russian Federation, the above requirements for "information about persons" indicate that proving the eligibility of a meeting is allowed only by information about the persons who took part in the vote:

i) the original Registration Sheet (Register of Participants) of the meeting with their signatures

ii) original Bulletins - Decisions of the meeting participants with their signatures, -but by no other means of proof I am;

property owners who are not members of the association

in an apartment building they have the right to familiarize themselves with the following documents:

6) minutes of general meetings of members of the partnership, ....;

7) documents confirming the results of voting at the general meeting of members of the you,

Our legal position is that the general meeting did not take place at all at the indicated time, there were no participants in the meeting, they did not make decisions on the agenda and did not fill out decision forms. In the absence of Voting Ballots (decisions) and the Register of Meeting Participants, it is impossible to verify the presence of owners holding more than fifty percent of votes from the total number of votes in the meeting.

According to paragraph 2 of Art. 185.5 of the Civil Code of the Russian Federation

Since the opposing party did not provide evidence of the legality of the meeting, I PLEASE reflect this circumstance, which is crucial for the correct resolution of the case, in the reasoning part of the court decision.

EXAMPLE 2. EXCEEDING THE COMPETENCE OF THE MEETING IN THE FORMATION OF THE COUNTING COMMISSION

To court

federal judge

Participant de la

ADDITIONAL EXPLANATION

regarding the formation of the counting commission

According to Part 5 of Art. 181.2 of the Civil Code of the Russian Federation The minutes of the meeting must contain information about the persons who carried out the counting of votes (paragraph 4) and about the persons who signed the protocol (paragraph 5). The literal interpretation of the above provisions of the law comes down to the fact that one person is counting the votes, and the protocol is signed by others. It should be noted that according to Part 3 of Art. 181.2 of the Civil Code of the Russian Federation, the minutes are signed by the chairman of the meeting and the secretary of the meeting. Consequently, the procedure for holding a meeting, established by law, excludes the inclusion of the chairman and secretary of the meeting in the composition of the counting commission.

According to Part 1 of Art. 46 ZhK RF

Decisions of the general meeting of owners of premises in an apartment building are drawn up in minutes in accordance with the requirements established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services.

State policy and legal regulation in the field of housing and communal services is carried out by the Ministry of Construction and Housing and Public Utilities. In the Methodological recommendations approved by the order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated July 31, 2014 No. 411 / pr on the procedure for organizing and holding general meetings of owners of premises in apartment buildings, paragraph 13 of section VII establishes that "to summarize the results of the general meeting in the form absentee voting, a counting commission is created, the members of which are elected at the general meeting.

"Complicity" of the chairman and secretary of the meeting in the work of the counting commission deprives the count of votes of legitimacy. According to paragraph 17 of Section VII of the above Methodological Recommendations, the members of the counting commission sign the Protocol separately on the Chairman and Secretary of the meeting

Taking into account the requirements for certain means of proof (Article 60 of the Code of Civil Procedure of the Russian Federation), proving the eligibility of the counting commission is allowed only by the election of other persons to it, except for those elected by the meeting of the chairman and secretary. No such evidence has been presented, so there is no reason to trust the results of the vote, calculated with the participation of the chairman and the secretary of the meeting.

Within the competence of the meeting in Part 2 of Art. 44 of the LC RF does not specify the right of the general meeting of owners to establish its own procedure for counting votes and does not provide for the right to give the chairman and secretary of the meeting the right to count votes.

According to Part 5 Art. 46 ZhK RF only if the decision becomes binding on all owners of premises in an apartment building, if it is adopted in the prescribed manner and on issues within the competence of such a meeting. A direct violation of the procedure established by law for the formation of a counting commission indicates the nullity of the decision due to exceeding the powers of the meeting to establish a special, different from the procedure established by law, for counting votes when it is adopted. Such the decision has not acquired legal force, it is not binding on the owners of the premises

Since the opposing party did not provide evidence of compliance with the requirements of the law when forming the counting commission, I PLEASE reflect this circumstance, which is crucial for the correct resolution of the case, in the reasoning part of the court decision.

Section 2. VIOLATION OF THE REQUIREMENTS FOR THE ESTABLISHED PROCEDURE FOR HOLDING A MEETING

EXAMPLE #3 - REGARDING THE SIGNING OF THE PROTOCOL

To court

federal judge

case participant

According to Part 5 Art. 46 ZhK RF only if the decision becomes binding on all owners of premises in an apartment building, if it is accepted in due course. The established procedure requires a signature in the Protocol chairman of the meeting and the secretary of the meeting (part 3 of article 181.2 of the Civil Code of the Russian Federation), however, in violation of the specified requirement, the minutes of the general meeting were not signed by the chairman of the meeting.

According to Part 1 of Art. 46 ZhK RF

Decisions of the general meeting of owners of premises in an apartment building are drawn up in minutes in accordance with the requirements established by the federal executive body responsible for the development and implementation of tions of state policy and legal regulation in the field of housing and communal services.

State policy and legal regulation in the field of housing and communal services is carried out by the Ministry of Construction and Housing and Public Utilities. In the Methodological recommendations approved by the order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated July 31, 2014 No. 411 / pr on the procedure for organizing and holding general meetings of owners of premises in apartment buildings, paragraph 15 of section VII establishes that "the minutes of the general meeting in the form of absentee voting is made in writing, signed by the chairman of the general meeting and the secretary of the general meeting, as well as members of the counting commission.

In violation of the accepted procedure, the minutes of the meeting were not signed by the chairman of the meeting

Chairman - K.Yu. BEKETOV.

secretary - A.S. KUZIN.

DATE does not have the property of an official document that the decision is drawn up in violation of the established procedure, and therefore the decisions contained in it do not have any legal force

EXAMPLE #4 -NOTSIGNING THE PROTOCOL AND CERTIFICATION OF SIGNATURES

To court

federal judge

Participant of cases a

ADDITIONAL WRITTEN EXPLANATION

as evidence of the lack of legal force of the Minutes of the meeting dated DATE

The minutes of the general meeting from DATA were drawn up with violations of Part 3 of Art. 45 and part 1, 2 art. 46 LCD RF. The protocol is certified by the seal of the Society and signed by the employees of the Society AA, BB, BB as members of the counting commission, and the General Director of the GG.

The protocol does not contain a single signature of the owner of the premises in the house. By virtue of h. 1 Article. 46 of the Housing Code of the Russian Federation, decisions of the general meeting of owners are drawn up in minutes in the manner established by the general meeting of owners of premises in this house.

The protocol is a document reflecting the decisions taken by the owners, which excludes the signing of this document by other persons who are not owners, unless the owners, by their decision, have established such a special procedure for drawing up the protocol. Evidence of the adoption by the owners of a special procedure for drawing up the protocol was not presented.

By law, the minutes are signed by the chairman of the meeting and the secretary of the meeting (Part 3, Article 181.2 of the Civil Code of the Russian Federation), however, in violation of this requirement, the Minutes of the general meeting do not have the signature of the chairman of the meeting.

By virtue of h. 1 Article. 46 of the Housing Code of the Russian Federation, decisions of the general meeting of owners are drawn up in minutes in the manner established by the general meeting of owners of premises in this house. The meeting did not establish a procedure in which the protocol is not signed by the chairman.

The decision of the owners to elect AA, BB, and BB as members of the counting commission entitles these persons to only count the votes. No decision was made on the right of these persons to sign the minutes of the general meeting of owners on behalf of the owners.

Certification on the Minutes of the meeting of signatures of members of the counting commission AA, BB and BB with the seal of the managing organization indicates that the document belongs to the managing organization, but the general meeting of owners of premises in an apartment building is the management body of an apartment building that is not subordinate to any legal entity (part 1 of article 44 of the LC RF ).

According to clause 23 of GOST R 51141-98, only a document drawn up and certified in the prescribed manner is recognized as an official document. According to clause 4.9 of GOST R 6.30-2003 "Organizational and administrative documentation. Requirements for paperwork ..."

“The protocol is signed according to the scheme

Chairman - K.Yu. BEKETOV.

secretary - A.S. KUZIN.

The words "chairman" and "secretary" are printed to the left of the zero position of the tabulator, separated by two intervals from the heading and from each other ... The minutes are drawn up by the secretary of the meeting, the minutes acquire legal force only if there are two signatures - the chairman and the secretary. signatures are placed, separated from the text by two or three line intervals, from the border of the left margin. the first copy of the protocol is signed, which is filed by the secretary in the case and kept in accordance with the period determined by the nomenclature of cases.

Judicial practice confirms that improper execution of the minutes of the general meeting as a document having legal force - in particular, the absence of the signature of the chairman of the meeting - is an essential circumstance for recognizing such minutes as null and void - see. for example, the Cassation ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Republic of Karelia dated December 27, 2011 in case No. 33-3868/2011.

It follows that the Protocol ofDATE does not have the property of an official document, and therefore the decisions contained in it do not have any legal force

Section 3. LACK OF QUORUM in case of EXCEEDING COMPETENCE in terms of FORMING THE BODIES OF THE ASSEMBLY

Example #5

To court

federal judge

case participant

ADDITIONAL EXPLANATION

The defendant claims that there is a decision of the general meeting dated March 28, 2013, at which a decision was allegedly made to elect Management Company Housing Standard LLC as a managing organization. In fact, there is no evidence that the meeting (if it took place) of any decision on three grounds

1. LACK OF RELIABLE INFORMATION ABOUT VOTING PARTICIPANTS

According to Part 3 of Art. 45 LCD RF:

“the general meeting of owners of premises in an apartment building is competent (has a quorum) if premises owners in this House or their representatives holding more than fifty percent of the votes of the total number of votes.”

According to paragraph 2 of part 5 of Art. 181.2 of the Civil Code of the Russian Federation The minutes of the meeting must contain information about the persons who took part in the voting. In violation of these requirements, the minutes of the meeting do not contain information about the persons who took part in the meeting, and therefore there is no evidence that the participants in the meeting actually had, in aggregate, a sufficient number of votes, giving the right to make decisions.

In full accordance with Article 60 of the Code of Civil Procedure of the Russian Federation, the above requirements for

"information about persons" indicate that proving the eligibility of a meeting is allowed only by information about the persons who took part in the voting:

i) the original Register of participants in the meeting with their signatures and

ii) original Bulletins - Decisions of the meeting participants with their signatures - but no other means of proof;

This evidence is not provided., thus the presence of a quorum is not proven.

It can be seen from the content of the agenda of the meeting that the issue of electing the counting commission was not submitted to the decision of the voting participants. Meanwhile, according to part 5 of Art. 181.2 of the Civil Code of the Russian Federation The minutes of the meeting must contain information about the persons who conducted the counting of votes (clause 4) and the persons who signed the protocol (clause 5). The literal interpretation of the above provisions of the law comes down to the fact that one person is counting the votes, and the protocol is signed by others.

In the Methodological recommendations approved by the order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated July 31, 2014 No. 411 / pr on the procedure for organizing and holding general meetings of owners of premises in apartment buildings, paragraph 13 of section VII establishes that "to summarize the results of the general meeting in In the form of absentee voting, a counting commission is created, the members of which are elected at the general meeting.

According to paragraph 17 of section VII of the mentioned Methodological recommendations members of the counting commission sign the Protocol separately about the Chairman and the secretary of the meeting.

Taking into account the requirements for certain means of proof (Article 60 of the Code of Civil Procedure of the Russian Federation), proving the eligibility of the counting commission is allowed only by the election of other persons to it, in addition to those elected by the meeting of the chairman and secretary. No such evidence has been presented, therefore there is no reason to believe that the voting results were determined in the manner prescribed by law.

According to part 5 of Art. 46 of the Housing Code of the Russian Federation only in the event that the decision becomes binding on all owners of premises in an apartment building, if it is taken in the prescribed manner and on issues within the competence of such a meeting. A direct violation of the procedure established by law for the formation of the counting commission deprives the summing up of the results of the meeting of legitimacy, such a decision has not acquired legal force, it is not mandatory for the owners of the premises

3. EXCEEDING THE COMPETENCE OF THE MEETING WHEN FORMINGASSEMBLY BODIES

According to Part 3 of Art. 181.2 Code of Civil Procedure of the Russian Federation

Vasilyeva D.R. is indicated in the Minutes as the secretary of the meeting, but she cannot be either a participant in the meeting, much less elected to the elective position of secretary of the meeting, since she was not the owner of the premises at the time of the meeting. On November 7, 2016, a representative of Yarunova's organization, in support of Vasilyeva's authority to participate in the meeting, submitted a power of attorney certified by LLC "MC Housing Standard" to participate in the meeting Vasilyeva D.R. from her relative Shafigullin R.V., who received a certificate of ownership of the apartment in December 2013 - 8 months after the meeting.

From this it follows, firstly, that at the time of execution of the power of attorney, specified in the power of attorney, the principal did not have the right of ownership and transferred powers that he did not have. And secondly,

LLC "MC Housing Standard" did not have the right of the managing organization at the time of execution of the power of attorney; this organization acquired the status of the managing organization after the meeting.

According to Part 1 of Art. 46 ZhK RF

The protocol of the general meeting of owners of premises in an apartment building is an official document.

Since the Protocol is not signed by a secretary who has the right to participate in the meeting, it has acquired the features of an official document, such a document is considered void, regardless of whether it is recognized as such by the court.

Conclusion

According to the current legislation, the decision of the meeting may be challenged; in this case, the term "disputable transaction" is used. But in the case under consideration, only our indication of the nullity of the decision of the meeting is sufficient - in paragraph 1 of Art. 185.3 of the Civil Code of the Russian Federation states:

The decision of the meeting is invalid on the grounds established by this Code or other laws, by virtue of its recognition as such by the court (disputable decision) or regardless of such recognition (void decision).

According to paragraph 2 of Art. 185.5 of the Civil Code of the Russian Federation

Unless otherwise provided by law, the decision of the meeting is void if it ... is adopted in the absence of the necessary quorum

No evidence of a quorum was provided. According to Art. 60 of the Code of Civil Procedure of the Russian Federation, the failure to provide evidence of a certain type cannot be compensated for by any other means of proof.

According to Part 1 of Art. 46 ZhK RF

The minutes of the general meeting of owners of premises in an apartment building is an official document.

Since the formed Protocol did not acquire the features of an official document due to the absence of the signature of the secretary of the meeting and the absence of signatures of the members of the counting commission. Such a document is considered null and void regardless of whether it is recognized as such by the court.

Under the circumstances, there is no reason to believe that

That the meeting actually took place;

That an appropriate number of participants in the meeting took part;

That the meeting duly formed the bodies of the meeting (counting commission; chairman and secretary);

That decision sheets were actually distributed to the participants;

That the participants noted in the decision forms all the necessary details, including their registered ownership;

That the commission elected by the assembly carried out the counting of the votes;

That the members of the counting commission signed the results of the vote;

That the chairman and the secretary, who has the right to participate in the meeting, have drawn up the minutes with their signatures

I PLEASE reflect in the reasoning part of the court decision this circumstance, which is of decisive importance for the correct resolution of the case.

EXAMPLE #6 -OF SIGNING THE PROTOCOL BY AN UNAUTHORIZED PERSON AND COUNTING OF VOTES BY UNELECTED COUNTING COMMISSION

To court

plaintiffs

Defendant HOA

STATEMENT OF CLAIM

on the application of the consequences noah deal

We became aware of the existence of Minutes No. 4 of the decision of the meeting held from May 12 to May 26, 2015 on the approval of the conclusion of the Audit Commission, on the approval of the estimate, on renaming the fund and other issues (Appendix No. 2). We believe that the decision of this meeting is void and we raise the issue of applying the consequences of the invalidity of the void decision to the court, in support of which we present the following arguments

1 - According to Part 5 of Art. 46 of the Housing Code of the Russian Federation, the decision of the general meeting of owners of premises in an apartment building becomes “binding for all owners of premises in an apartment building, including for those owners who did not participate in the vote”, only if it is adopted “in the manner prescribed by this Code, on matters within the competence of such a meeting”. However, during the general meeting of owners, the procedure established by law was violated, and many times in the form

Non-compliance with the procedure for issuing a protocol (ii)

i) It follows from the content of Minutes No. 4 that the agenda did not provide for the election of members of the counting commission. However, the Protocol contains an entry:

Members of the counting commission (owners of the premises who took part in the counting of votes)

1. Vorobieva Olga Nikolaevna (apartment 147);

2. Barshina Olga Yurievna (room 78)

Whence it follows that the counting commission was not elected by the meeting, and the participants in the meeting Vorobyova O.N. and Barshina O.Yu. do not have the authority to count the votes cast by the meeting participants. Housing legislation provides for the scope of competence of the general meeting of owners - part 2 of Art. 44 LCD RF. Within the limits of competence, the powers of the general meeting of owners to violate the established procedure for counting votes are not indicated, and the right of any persons who do not have special powers to perform the duties of members of the counting commission is not indicated.

Since the issue of electing members of the counting commission was not included in the agenda at all, the appearance of any voting results is excluded; no voting results have been properly summed up on any issues on the agenda, and therefore no decisions have legal consequences.

ii) According to Part 3 of Art. 181.2 Code of Civil Procedure of the Russian Federation

Meeting minutes are signed by the chairman and secretary

The meeting is opened and chaired by the Chairman of the Board of the HOA "Privolnoye" - Mzhelsky V.M. Secretary of the meeting - Yarkova L.L.

Since the meeting participants did not elect the secretary of the meeting, Yarkova L.L. did not receive from the meeting the authority to participate in the preparation and signing of the Minutes of the meeting. Without the signature of the secretary, the Protocol loses the mandatory details of the document.

According to term No. 8 from GOST 7.0.8 - 2013 "System of standards ... Terms and definitions"

Official document: A document created by an organization, official or citizen, executed in the prescribed manner ke

According to Part 1 of Art. 46 ZhK RF

Minutes of the general meeting of owners of the premises and in an apartment building is an official document.

Since the formed Protocol has not acquired the features of an official document, such a document is considered void, regardless of whether it is recognized as such by the court.

2 - The competence of the general meeting is limited to Part 2 of Art. 44 ZhK RF; the meeting does not have the right to accept for its consideration any issue included in the agenda; the meeting has the right to consider only those issues that are affected by the LC RF. But the housing legislation does not allow the adoption of decisions by the meeting without the formation of a counting commission and without the election of a secretary of the meeting. According to paragraph 3 of Art. 185.5 of the Civil Code of the Russian Federation

Unless otherwise provided by law, the decision of the meeting is void if it ... is taken on an issue that does not fall within the competence of the meeting

3 - According to the current legislation, the decision of the meeting may be challenged; in this case, the term "disputable transaction" is used. But in the case under consideration, only our indication of the nullity of the decision of the meeting is sufficient - in paragraph 1 of Art. 185.3 of the Civil Code of the Russian Federation states:

Simultaneously with the indication of the nullity of the decision of the meeting, we raise before the court the question of the application of the consequences of the invalidity of the void decision in full accordance with Art. 12 of the Civil Code of the Russian Federation

Based on the above, guided by art. eighteen; 46 of the Constitution of the Russian Federation, articles 1, 4, 8, 44, 45; 46 ZhK RF; article 16 of the Consumer Rights Protection Law; articles 8, 12, 166-169; 182.1; 185.1 of the Civil Code of the Russian Federation; articles 131-132 of the Code of Civil Procedure of the Russian Federation

In order to apply the consequences of the invalidity of a void decision of the general meeting, RECOGNIZE the decision of the general meeting as having no legal consequences

APPENDIX

1. Receipt of payment of state duty 300 rubles

2. Minutes of the meeting (copy)

Reading time: 9 min

At meetings of persons owning private property in an apartment building, any topic relating to real estate is put to a referendum. The counting of votes at the general meeting of MKD owners and the process of holding this event regulates the collection can be carried out both in person and in absentia. Summing up the meeting of homeowners in the HOA should also be carried out in accordance with the established rules.

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The procedure for conducting voting and the features of counting votes at the OSS MKD, in accordance with the norms of the Russian Parliament

The Housing Code allows this procedure to be carried out even if the number of real estate owners present at the meeting is less than 50 percent of the total. The meeting requires some preparation, and the items on the agenda should reflect the interests of the housing cooperative.

The results of the general meeting of homeowners should be calculated according to the established rules. To do this, you need to draw up a protocol sheet, in which all persons present at the vote will be entered.

The writing of the protocol is carried out strictly according to the model. It should contain comprehensive information about the process. There are two options for debriefing. Owners have the right to vote not only "for" and "against", in the ballot it is also necessary to indicate the column - "abstain".

There is a set of rules and a procedure for counting votes at a general meeting of MKD owners. Summing up the results must be done correctly. Meetings always appoint a responsible person for the implementation of this event.

To have an idea of the order of this process, consider the main points:

OSS, thanks to the legislation, is endowed with a number of powers. The list includes the method of management, the choice of the company, the approval of tariff rates for repair work and the date of their commencement.
Meetings are held regularly. All members are notified in advance, by means of announcements or letters (custom form).
Without a protocol examination, no decision can be made.
Owners who do not have the opportunity to attend in person may issue a power of attorney for any person at their discretion or vote in absentia if such a format was intended in the notification.
All documentation is filled out strictly according to the model.

Watch the video:"Conducting internal-absentee voting."

Regulations for the procedure

The procedure for holding a meeting and a referendum should be organized. Votes are counted at the general meeting of homeowners after the event is completed. Most often, this happens behind closed doors by selected persons - an initiative group, the House Council, a representative of the Criminal Code. They bear full responsibility for the transparency of the process.

The main nuances of the procedure:

The form of voting can be full-time, part-time and part-time.
A quorum must be maintained.
Mandatory record keeping.
The result is recorded in the registry. The calculation specifies how many people participated in the process and their data:
- FULL NAME.;
- apartment number and its footage;
- contact details.
The person who initiates the meeting must notify all property owners. This event must be carried out no later than ten days in advance.

Note: the observance of formalities gives the meeting legitimacy, which is documented.

Bulletin - its function, requirements for compilation and storage

Counting Commission

The approval of the counting commission is a fundamental moment. The full list of persons is indicated in the minutes and kept for three years. The composition may include both legal entities and individuals. The main thing is that they are the owners of real estate in a particular house.

To take part in the counting commission, it is necessary that the tenants choose this person. The number and composition is also established by voting. Those who do not own property in the MKD are not eligible to become a member of the House Council.

Note: the main task of the commission is to certify the correctness of the procedure and ensure the impartiality of the calculation. It is supposed to be considered behind closed doors, and the decision is to be made in writing on a public information board.

Number of votes for a decision

Each tenant has a voice. Units (percentage) are equal to the footage of the property. Consider an example: a person owns an apartment of 50 m 2, and according to the register, the total area of \u200b\u200bMKD is 4000 meters, respectively, out of 4000, 50 are in his competence.

A third of all votes is sufficient to make a decision. Using a calculator, you can find out that in this situation the number is - 1739.

The calculation is made according to the formula: divide the total area of the MKD by 2 / 3.

The concept of quorum

Quorum means the number or percentage required for a meeting or meeting to take place. The number of voters must not be less than 2 / 3 about the total population. To determine the quorum, a simple calculation is required.

Example: if the apartment is 43 m 2, and the area of the house is 5000, then: 43/5000 * 100 \u003d 0.86% (the percentage taken into account in the referendum for this tenant).

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Calculator for counting votes at a meeting of residents of MKD

Real estate can be not only an apartment, but also utility rooms. The owners of such areas also have the right to vote. To make the calculations correctly, you can use a calculator.

Often it is created in Excel format on its own or use a tool on the Internet. To do this, you need to drive in the search line "calculator for voting at the meeting." The global network will issue several links upon request, from which the desired option is selected. Then, the user needs to set the organization parameters and maintain information.

Voting procedure persons in the minutes of the general meeting of residents in the MKD

A legal entity can also be the owner of real estate and their rights at meetings are equivalent to other owners.

To carry out this procedure and calculate the number of votes, you can use the step-by-step instructions:

Appointment of a group of initiative people.
Conducting a meeting.
Create a register of MKD owners.
Notify all residents of the upcoming meeting.
An authorized representative must be declared from the organization. Those citizens or firms that have chosen representatives from themselves must provide them with a power of attorney to participate in the general meeting of the owners of the premises.
Based on the amount of company property in the MKD, the percentage of votes depends.
Conducting a referendum in person.
Entering information into registration sheets.
Public announcement of results.
Keep all documentation.

Note: a legal entity is required to provide the OGRN and TIN of the company. The protocol specifies the number of the power of attorney by which the representative of the organization votes. All owners must familiarize themselves with the register and endorse it with a signature.

Requirements for registration of voting results of an apartment building by homeowners

Counting does not require you to have special skills, but everything should be transparent so that you do not need to re-check the results later.

Principles and requirements:

Compilation of the register and minutes.
The documents prescribe the definition of a quorum and the composition of the counting commission.
Ballots and sheets are checked and counted manually.
During this process, observers must be present. Controversial points imply additional verification.
Availability of powers of attorney from persons who are representatives of the owners.

Note: the design of all accompanying documents must be strictly according to the samples.

Voting sheet

The progress of any meeting must be recorded in writing. The percentage of votes of the owners is needed to make a decision after the count. Summing up is done by sheets. The status of the tenant affects the design of the form.

An individual indicates:

FULL NAME.;
apartment number and footage;
passport data.

The organization is obliged to provide - OGRN and TIN of the company.

If any data is missing from the sheet, then this is considered a violation.

What information should be included in the voting protocols of tenants

Each protocol must contain the required details:

Document's name.
Date and number.
The essence of the meeting or voting.
Signatures of responsible persons.
The place where the documentation will be stored.

Note: all participants in the process must sign the protocol.

Can a tenant of an MKD check the voting protocol and how to do it

Documents are often forged by interested persons, therefore, a protocol check is provided, if there are prerequisites for the voting being held with violations. It is necessary to form an independent commission from the side of the management company or from the owners.

Additionally, you can contact the GZhI for verification.

Power of attorney for voting at the general meeting of owners

The nuances of voting depending on the form of the convocation of residents

Voting can take many forms:

full-time;
correspondence;
part-time.

The number of documents that will be processed depends on the method chosen.

full-time

The face-to-face process is problematic if there are many apartments and residents in the MKD. After determining the quorum, it may turn out that the presence of 100 or more people will be required. Therefore, a competent organization is necessary.

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The results should be reported separately for each question. The votes must be counted on the basis of the ballots and guided by the minutes of the meeting.

Correspondence

The correspondence process implies more loyal conditions. The counting commission has a lot of time to count the votes and more residents of the MKD can come to the meeting. The bulletin in this case is simplified, that is, general. The owner only needs to check the box and sign.

Part-time

The mixed process implies the presence of a common ballot and individual voting sheets. This form is rarely used. A similar procedure is carried out if there is a shortage of those present at the meetings. The votes for the two documents are counted separately and then added together.

Watch the video:"How to achieve a quorum at the general meeting of owners."

In all three cases, ten days are given to draw up the protocol. Subject to the formalities and the absence of controversial issues, the registry is registered and the procedure can be considered closed. Before voting, it is necessary to hold several meetings at which the form of the process and the composition of the counting commission are determined.

Residents of apartments must solve many issues related to the maintenance of MKD, its maintenance, together, it is also necessary to choose a worthy representative who can cooperate with the management company, ZhEK, protecting the interests of the owners.

Therefore, a general meeting of members of the community of homeowners is held periodically, at which important decisions are made to improve the level of living in the house. The OS can be reporting and re-election, it elects a house council or other self-government body.

Before holding a meeting of the HOA, an announcement should be made, information about the meeting should be made as accessible as possible.

ATTENTION! Representatives from each apartment must be present at the general meeting.

All owners agree to carry out, for example, repair work or other actions in the house or in the adjacent territory. The minutes of the general meeting are drawn up, it must be kept by the head of the house or another person representing the HOA.

Rules for holding

The Assembly of the HOA is the highest self-government body of the house. It is held at the initiative of the board or one of its members. If one of the members of the HOA decides to convene a meeting to resolve important issues, he must give everyone a notice of the meeting indicating the date, place, and time of the meeting.

It is right to hold such meetings every time a vital issue related to the life of the MKD arises. At the same time, it is necessary to follow the rules of meetings - make an announcement in advance, draw up a protocol, make any decisions with the participation of all residents, as evidenced by the ballot.

Such rules and the Charter are adopted at the first meeting of apartment owners, with the obligatory consideration of the current legislation in the housing sector.

General meeting and its forms

The one who initiates the OS, and this can be any member of the HOA living in this house, must choose one of the forms for its implementation. She can full-time and part-time. The choice depends on the relevance of the issue, its urgency, on the need for the personal presence of the residents of the house.

Regardless of the form of the OS, registration of owners is mandatory. For this work, the chairman of the HOA appoints a certain person.

Registration is carried out in a special sheet with the names of residents, in front of each and a mark is placed.

At the face-to-face form of the meeting, the owners are present in person, they analyze current issues and make one common decision. The conduct and decision are recorded in person in the protocol.
For the correspondence form, the owners first select the counting commission, its members also elect the chairman.

The list of members of the commission is indicated in the bulletins that are distributed to members of the HOA. The bulletin also provides a written opinion on the issues that need to be addressed by the residents of the house. Various types of organization of a HOA meeting are legal, you can choose one of the options, taking into account the convenience for residents.

absentee voting

The correspondence form of the OS is used quite often, since it is difficult for apartment owners to get together at the same time when they are very busy. Therefore, it is easier for members of the HOA council to distribute correctly formed ballots and then count the votes for one or another issue related to the life of the house, its maintenance, and repair.

But it must be taken into account that there is a certain procedure for holding an absentee meeting, violation of this procedure can even lead to litigation.

The owners are given a ballot paper. It should contain information about who initiated this action. Data are also given on the form of voting.
It is also necessary to indicate in the ballot when the counting of votes on a particular decision of the issue will be carried out. The counting of votes must not violate the provisions of the counting commission.
Residents of the apartment should find out the deadlines for filling out the paper and where it needs to be handed over.
The main part is pressing issues on which you need to express your opinion, vote, and make proposals.
The owners should find out from the document who is leading the meeting in absentia, his contacts. If, when familiarizing themselves with the issues raised at the meeting, the residents of the apartments have any suggestions, comments, they can express them using the specified contact details.
Another item on the form is the address where you can get advice. If issues are resolved at a face-to-face general meeting, everyone can find out the information of interest immediately.

Counting Commission

In order to correctly assess the decision of the tenants on the issue raised at the absentee OS, a counting commission is being created.

What do owners need to know?

The rules for the participation of members of the HOA in the general meeting govern both the position of the community and the previously approved Charter.

If the owner of the apartment cannot go to the annual election or other meeting, he has the right to send a proxy. Such a person can act at the meeting with the help of a power of attorney from the owner.
Not only residents of MKD, but also representatives of executive bodies can come to a meeting of the reporting annual meeting (or one that decides on repairs, for example).
All owners have the right to vote on the OS. The question at the meeting may seem to be the division of common property, how are votes taken into account in this case? The legislation takes into account the size of the parts.
All members of the HOA can be on the voting list, it is the community that is the holder of such a list (Register).

Training

The powers of the general meeting are large, but in order for its decisions to have weight, it is necessary not only to competently conduct it, but also to prepare it.

Responsibility for the preparation is assumed by the initiative group, which decides on the conduct of the OS. In this case, she must choose the place, date, and time of the event, and most importantly, draw up a list of issues that should be considered by apartment owners.
Members of the partnership must learn about it, the date and time of the meeting, the list of issues under consideration 2 weeks before the meeting. If they have any changes, additions, suggestions, they can make them.
During the preparation, an agenda is drawn up, it should contain data on the place and date of the meeting, general information about the members of the board, and a list of issues for consideration.
Members of the HOA must understand exactly what will be discussed at the meeting, regardless of whether the financing of the upcoming major repairs or the council's report for the past election period will be considered.
The next stage of preparation is the preparation of the ballot form. It is signed by members of the homeowners association during the voting for a particular issue. The form usually contains columns “for”, “against”, “abstained”. The form of the ballot is drawn up in such a way that it would be convenient for the counting commission to subsequently count the number of votes.

The agenda should really be relevant, relevant, interesting, because people will have to spend time attending the meeting. If other members of the HOA have suggestions regarding the maintenance, operation of the house, they should be included in the agenda.

The accuracy of the wording of each question is of great importance.

ATTENTION! If at the absentee meeting, in addition to other issues, it is also necessary to vote for some candidate for the members of the board of the MKD, a separate ballot is drawn up.

Useful video

The order of actions during the meeting in the form of absentee voting.

Chairman

In order for the meeting to be fruitful and effective, not to be delayed in time, one of the council members must take over the leadership of the work. Usually this function is performed by the chairman, he coordinates the entire event, monitors the counting commission, and ensures that the rights of all residents are respected.

The drafting of the protocol - a mandatory document - is handled by the secretary. It is necessary to decide before the start of the action whether third parties will be able to attend the OS, who will lead the meeting, and who will count the votes.

The order of the meeting can be changed even after it has started, but there must be a vote to change it.

The result of the meeting, whether in person or in absentia, is a protocol drawn up by a special commission, which indicates the results of voting. In case of absentee voting, the results will be posted on the bulletin board, always near each entrance. The deadline for announcing the results is no more than 10 days.

That is why at the meeting it is imperative to elect a secretary, a chairman and a 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 MKD 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 a part of it? Anyone present at the discussion. Often these are several tenants who enjoy the trust of neighbors.

How many people should be included in its composition, you decide on your own.

Its only task is to record on paper how the audience votes.

Usually, the members of the commission count the raised hands independently of each other, after checking the results. It turns out that you check the results on the spot.

The difficulty lies in the fact that in the old fashioned way one hand for one vote can be considered. This is fundamentally illegal.

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

The Housing Code requires each member of the Counting Commission to put his signature on the count protocol.

They should do this after the end of the gathering and summing up. So they confirm the accuracy of the results.

In-person voting rules: an example

Quite a lot of people can attend the in-person voting.

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

It should be understood that in the latter case, the votes of not 50 owners, but more or less, may be needed to make a decision.

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

5. Chairman and secretary of the counting commission

Article 22

1. The chairman of the counting commission is elected by the members of the counting commission from among them.

2. The counting commission has the right to re-elect its chairman at any time.

3. Members of the counting commission have the right to elect a deputy chairman who performs the functions of chairman during his absence.

4. When the chairman of the counting commission of the previous composition is elected to the new composition of the counting commission, he continues to perform the duties of chairman until a new one is elected. If the chairman of the counting commission of the previous composition is not elected to the new composition, the duties of the chairman of the counting commission until his election are performed by the oldest member of the counting commission.

5. Chairman of the counting commission:

performs the functions of the secretary of the general meeting of shareholders;

organizes the work of the counting commission;

convenes meetings of the counting commission and presides over them;

ensures that minutes are kept at the meetings of the counting commission;

represents the counting commission before the shareholders, bodies and officials of the company;

performs other functions provided for by this provision.

When performing the functions of the secretary of the general meeting, the chairman of the counting commission ensures control over the preparation of draft working documents for the meeting, ensures the recording of speeches, draws up minutes of the meeting, signs the minutes of the meeting.

6. In the absence of the chairman of the counting commission and his deputy, his functions are performed by one of the members of the counting commission by decision of the counting commission.

Persons exercising the functions of the chairman of the counting commission in his absence are entitled to exercise any powers provided for the chairman by this regulation.

4. The chairman of the counting commission is not entitled to entrust the performance of his functions to another person.

Article 23

1. The secretary of the counting commission is elected from among the members of the counting commission.

2. The counting commission has the right to re-elect its secretary at any time.

3. When the secretary of the counting commission of the previous composition is elected to the new composition, he continues to perform the duties of secretary until the election of a new secretary. If the secretary of the previous composition is not elected to the new composition of the counting commission, his duties until the election are performed by the member of the counting commission, the first by last name in alphabetical order.

4. Secretary of the counting commission:

maintains and draws up minutes of meetings of the counting commission;

keeps records and stores incoming documentation and copies of outgoing documentation of the counting commission;

ensures the preparation of documents for the meetings of the counting commission;

sends to the members of the counting commission the documents necessary for them to carry out their functions;

informs the members of the counting commission in advance about the holding of meetings and activities for the preparation and holding of general meetings;

notifies the members of the counting commission and observers about the place and time of holding events for the preparation and holding of general meetings;

organizes technical preparation (printing, reproduction, distribution) for the production of ballots for voting at the general meeting;

carries out other actions for the organizational and technical support of the activities of the counting commission as directed by the chairman of the counting commission.

5. To ensure the activities of the secretary of the counting commission, the budget (estimate of expenses) of the company must provide for the expenditure of the necessary funds.

6. Ensuring the activities of the counting commission

Article 24

The number of places equipped for work of the counting commission is determined by its decision on the basis of data on the number of participants in the general meeting according to the list of persons entitled to participate in the meeting, at the rate of one workplace for 50 participants in the general meeting of shareholders.

Article 25

1. The funds allocated from the budget (determined according to the estimate) of the company for the organization and holding of general meetings are placed at the disposal of the sole executive body and distributed by it on the proposal of the chairman of the counting commission.

2. A report on the expenditure of funds allocated to the Counting Commission shall be included in the annual reporting of the company.

3. The counting commission submits to the sole executive body a report on the use of the company's property no later than one month after the general meetings are held.

Article 26

1. The premises for the work of the counting commission shall be provided at its disposal by the sole executive body of the company, and if the sole executive body refuses to provide premises or does not actually provide premises, the counting commission, in agreement with other working bodies of the meeting or persons organizing the meeting, selects and occupies the available and a suitable place to work.

2. The premises for the work of the voting counting commission must be equipped with a lighting system, provided with paper and writing materials,

3. Members of the management bodies of the company, as well as candidates for election to these bodies, cannot be in the premises of the counting commission.

4. The room for the work of the counting commission must be equipped with telephone, facsimile and other necessary types of communication, office equipment that ensure the functioning of the counting commission.

5. For the preparation of the general meeting and the performance of other functions provided for by this regulation, members of the counting commission, in agreement with the chairman of the counting commission, have the right to use the vehicles at the disposal of the company free of charge.

6. Members of the counting commission have preferential access to the working bodies of the general meeting.

Article 27. Use of automated information systems in the activities of the counting commission

1. When preparing and holding general meetings, an automated information system (computer, local computer system, software package) may be used.

2. When using an automated information system as a whole or its individual technical means, the counting commission forms a group of members of the commission with the right to control the use of the automated information system (its individual technical means). All members of the counting commission and observers have the right to get acquainted with any information entered into the automated information system.

4. In the case of using an automated information system, data on participation in voting, on preliminary and final results of voting must be promptly available (in the "read-only" mode) to members of the counting commission and observers.

5. In the event of two failures of the automated information system in a row, the counting commission must switch to normal methods of work.

Article 28. Control over the activities of the counting commission

1. Observers have the right to participate in the work of the counting commission.

2. The number of observers in the counting commission cannot exceed four people.

3. Observers of the counting commission are representatives of the shareholders - owners of voting shares of the company.

4. Shareholders (shareholder) who in the aggregate own at least 25 percent of the company's voting shares have the right to send one observer for the activities of the counting commission.