How many people should be on the counting commission. What is the procedure for electing the counting commission of the general meeting of the owners of an apartment building and who can join it? General meeting and its forms

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 apartment blocks and summarize the results.

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

According to the RF LC, 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 tenants who enjoy the trust of their neighbors.

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

Its only task is to record on paper how the participants vote.

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 one hand can be considered one vote. This is fundamentally illegal.

Another option to avoid difficulties in calculations is to use the forms (we provide examples 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. In this way, they confirm the accuracy of the results.

In-person voting rules: an example of

A lot of people can be present at a face-to-face vote.

Determining a quorum at a general meeting of owners is difficult. If there are 100 apartments in a house, then 40, 50 or even 80 people can participate.

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

For more information about what a quorum is and how to calculate it, we write

5. Chairman and secretary of the counting commission

Article 22. Chairman of the counting commission

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 the 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 the 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 shall be 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;

convene meetings of the counting commission and preside over them;

ensures the keeping of minutes at the meetings of the counting commission;

represents the counting commission to shareholders, bodies and officials society;

performs other functions provided for by this regulation.

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, drawing up the 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 shall be performed by one of the members of the counting commission by decision of the counting commission.

Persons performing the functions of the chairman of the counting commission in his absence have the right to exercise any powers provided for by the chairman of these regulations.

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

Article 23. Secretary of the counting commission

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 a member of the counting commission, the first by last name in alphabetical order.

4. Secretary of the Counting Commission:

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

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

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

send to the members of the counting commission the documents necessary for the performance of their functions;

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

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

organizes technical training (printing, duplication, 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 at the direction of the chairman of the counting commission.

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

6. Ensuring the activities of the counting commission

Article 24. Number of workplaces when preparing and holding a meeting

The number of seats of the counting commission equipped for work 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. Financing the activities of the counting commission

1. Funds allocated from the budget (determined according to the estimate) of the company for the organization and holding of general meetings, go to the disposal of the sole executive body and are distributed by it upon the proposal of the chairman of the counting commission.

2. A report on the expenditure of the funds allocated by the counting commission shall be included in the annual reporting of the company.

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

Article 26. Premises for the work of the counting commission

1. The premises for the work of the counting commission is 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 - organizers of the meeting, selects and occupies available and a suitable place to work.

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

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

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

5. For the preparation of the general meeting and 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 free of charge vehicles at the disposal of the company.

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 complex) can 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 case of using an automated information system, data on participation in voting, on preliminary and final results of voting should 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 the usual 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 composition of the counting commission may not exceed four people.

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

4. Shareholders (shareholder) who collectively own at least 25 percent of the voting shares of the company are entitled to send one observer for the activities of the counting commission.

Reading time: 9 minutes

At meetings of persons with private property in an apartment building, any topics related to real estate are submitted to a referendum. The counting of votes at the general meeting of owners of MKD 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 voting and the specifics of counting votes on the OSS MKD, in accordance with the norms of the ZhK of Russia

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

Calculating the results at the general meeting of homeowners should follow 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 protocol is written strictly according to the model. It should contain comprehensive information about the process. There are two options for summarizing. The owners have the right to vote not only "for" and "against", in the ballots it is also necessary to indicate the column - "abstain".

There is a set of rules and procedure for counting votes at the general meeting of owners of MKD. Summing up the results must be done correctly. At the meetings, a person responsible for the event is always appointed.

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 the repair work and the date of their commencement.
Meetings are held regularly. All members are notified in advance, by announcements or letters (registered form).
Without a protocol survey, no decision can be made.
Owners who do not have the opportunity to be present in person have the right to issue a power of attorney for any person at their discretion or vote in absentia, if this format was intended in the notification.
All documentation is filled out strictly according to the sample.

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

Procedure for the procedure

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

The main nuances of the procedure:

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

Note: Compliance with 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 fundamental. Full list persons are indicated in the protocol and stored 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 are 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 made in writing on a public information board.

Number of votes to make a decision

Every tenant has a voice. Units (percentage) equates 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 an apartment building is 4000 meters, respectively, out of 4000, 50 are in his competence.

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

The calculation is made according to the formula: the total area of the apartment building is divided by 2/3.

Quorum concept

Quorum means the number or percentage required for a meeting or meeting to take place. The number of voters should not be lower 2 / 3 about the total number. 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 = 0.86% (the percentage taken into account in the referendum for this tenant).

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Calculator of 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 type in the "meeting voting calculator" into the search box. The world network will give out several links upon request, from which the desired option is selected. Then, the user needs to set the parameters of the organization and maintain information.

Voting procedure for legal entities persons in the minutes of the general meeting of residents in the MKD

Legal education 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.
Holding a meeting.
Form a register of owners of MKD.
Notify all tenants about the upcoming meeting.
A proxy must be declared from the organization. Those citizens or companies that have chosen their representatives 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 the company's property in the MKD, the percentage of votes depends.
Holding a referendum in person.
Entering information into registration sheets.
Public notification of results.
Save all documentation.

On a note: entity is obliged to provide the ORGN and TIN of the company. The protocol contains 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 the registration of voting results for an apartment building by homeowners

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

Principles and requirements:

Drawing up a register and protocol.
The documents prescribe the definition of the quorum and the composition of the counting commission.
Bulletins and sheets are checked and counted manually.
During this process, observers must be present. Controversial points imply additional verification.
Power of attorney from persons who are representatives of the owners.

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

Voting sheet

The course of any meeting must be recorded in writing. The percentage of owners' votes is needed to make a decision after counting. Summing up is carried out on sheets. The registration of the form is influenced by the status of the tenant.

Individual indicates:

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

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

If some data is missing in the sheet, then this is considered a violation.

What information should be indicated in the voting protocols of residents

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 minutes.

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

Documents are often forged interested persons, therefore, a protocol check is envisaged, if there are preconditions that the vote was held with violations. It is necessary to form an independent commission from the management company or from the owners.

Additionally, you can contact GZI for an inspection.

Power of attorney to vote at the general meeting of owners

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

Voting can take different forms:

full-time;
correspondence;
full-time and part-time.

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

Full-time

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

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Results should be reported for each question separately. You need to count the votes on the basis of ballots and following the minutes of the meeting.

Extramural

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 may come to the meeting. In this case, the bulletin is simplified, that is, general. The owner only needs to put a tick and sign.

Part-time

A mixed process involves a common ballot and individual ballot papers. This form is rarely used. A similar procedure is carried out in the event that a shortage of those present is revealed at the meetings. Votes for the two documents are counted separately and then summed up.

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

In all three cases, ten days are given for the registration of the protocol. Subject to the formalities and the absence of controversial issues, the register 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.

Finding a person who can count - what could be easier? But in order to count the votes of the owners at a general meeting, knowledge and a desire to communicate are needed. A general meeting of owners of premises in an MKD is a specific event where completely different and often unpleasant people meet each other. There they argue, swear and sometimes use foul language. The meeting must be conducted in such a way as to receive according to its results decision, not a fight.

The leader of the general meeting in housing legislation is called the chairman; the person who prepares the papers is the secretary of the general meeting. The votes of the meeting participants are counted by the members counting commission apartment building ... In the future, the chairman, secretary of the general meeting and members of the counting commission will be called responsible persons.

In this article, you will learn:

how to approach the selection of candidates;
what powers the responsible persons have;
how often to elect them;
than the absence of an elected counting commission threatens.

How to choose members of the counting commission

Requirements for those who can be elected as responsible persons of the general meeting are not legally established. Practice tells them.

Any natural or legal person can be elected to the role of the person in charge of the general meeting, even if it is not the owner of the premises in this MKD. We recommend that MAs and housing associations nominate their employees for election as responsible persons at the general meeting. It is even better if these people are visually known to the owners of the premises in the apartment building and are respected.

Let's figure out the quantity. The chairman is one person, the secretary is also. It can be the same person, but only for a “small” general meeting. For example, in an apartment building, where there are no more than 30 apartments. In a house with many rooms, it will be difficult for the chairman of the meeting to keep minutes in parallel. The counting commission may consist of one or several people - the legislation does not regulate this either.

Remember that the success of the meeting and its legitimacy will depend on the competence of those in charge.

We do not recommend giving general meeting attendees a wide choice. Offer one, maximum two surnames for voting. A larger number of candidates will cause unnecessary confusion of the voters, who will require clarification: who is this, in what apartment he lives, why he (she), etc.

You can download an example of the protocol on our website: Minutes of the general meeting of owners of premises in MKD

What are the powers of those responsible at the general meeting

The duties of the chairman, secretary of the general meeting, members of the counting commission are not defined by law. They are formed by the great practice of general meetings throughout the country.

The chairman is elected so that he will lead the meeting of owners, and the secretary - to keep and draw up the minutes.

The members of the counting commission at the general meeting are elected in order for them to count the votes of the participants and summarize the results of voting on each item on the agenda. Members of the counting commission identify invalid decision forms and check the credentials of the owners' representatives.

Following the results of the meeting, the chairman, secretary and members of the counting commission who carried out the counting of votes, sign the minutes of the owners' meeting... This is defined in paragraphs. 3-5 tbsp. 181.2 of the Civil Code of the Russian Federation and clause 21 of the Requirements for the registration of minutes of general meetings of owners of premises in apartment buildings, approved by order of the Ministry of Construction of Russia dated December 25, 2015 No. 937 / pr.

Question

Do I need to pay for the work of the chairman, secretary and members of the counting commission of an apartment building?

The remuneration of the responsible persons at the general meeting of the RF LC does not provide for. But such a decision can be made by the general meeting of owners of premises in the MKD. To do this, the owners must determine the amount of remuneration and the procedure for its payment. Include these items on the owner meeting agenda. Include the costs of salaries of responsible persons in the costs of financing the general meeting. This approach complies with the provisions of clause 3.5, part 2 of Art. 44 LCD RF.

How do they elect

The chairman and secretary of the general meeting, as well as members of the counting commission, are elected directly at the general meeting of owners of premises in the MKD. Such conclusions are confirmed in the Methodological Recommendations on the procedure for organizing and holding general meetings of owners of premises in apartment buildings, approved. by order of the Ministry of Construction of Russia dated July 31, 2014 No. 411 / pr (hereinafter referred to as Methodological Recommendations).

The procedure for choosing a management company: an algorithm of actions of the owners

Question

Who will sign the minutes of the general meeting if the owners have not elected a chairman, secretary or counting board?

Minutes of the general meeting of owners of an apartment building must always be drawn up, and it must be drawn up according to the rules.

If the issue of the election of the chairman, secretary of the meeting, members of the counting commission is included in the agenda of the meeting, but the owners rejected the proposed candidates, the minutes are signed by the initiators of the meeting. This is enshrined in clause 21 of the Requirements for registration minutes of general meetings of owners of premises in apartment buildings, approved by order of the Ministry of Construction of Russia dated December 25, 2015 No. 937 / pr.

How often to select members of the Court of Accounts

The Ministry of Construction of Russia recommends that the agenda of each general meeting include issues on the election of the chairman, secretary and members of the counting commission (clause 2, Section VI Methodical recommendations; see figure). But these issues will overload the agenda of subsequent meetings and increase the risk of owners rejecting the proposed candidates in the future.

To avoid this problem, you can define the term of office of the elected persons. To do this, supplement the agenda with relevant items. Since the term of office of the responsible persons is not limited by law, the meeting can set any convenient period - for example, a year.

If the chairman or secretary who has been elected for a specific term is unable to attend a meeting, simply put the election of others on the agenda. But if someone from the counting commission cannot participate, then its composition will need to be approved again.

Consequences of the absence at the meeting of the chairman, secretary and members of the counting commission of an apartment building

Information about the chairman, secretary and persons who counted the votes at the meeting, as well as their signatures in the minutes, are mandatory details of the minutes of the general meeting of owners. If this information is not in the protocol, it means that it was drawn up with violations.

Significant violation of the rules for drawing up the protocol, including the rules on writing minutes, may result in the invalidity of the decision of the meeting (subparagraph 4 of clause 1 of article 181.4 of the Civil Code of the Russian Federation).

The court, taking into account all the circumstances of the case, has the right to uphold the decision if (part 6 of article 46 of the LC RF):

considers that the absence of the signatures of these persons in the protocol is not a material violation;
the decision did not entail any damage to the owners, who would appeal against it.