Today we will talk about how to correctly draw up the minutes of the general meeting of owners. It is advisable to have the necessary information before drawing up the document itself.
So, first you need to create a register of apartment owners, and also find out what the area of each apartment is.
Such a list can be obtained in several ways: by walking around the apartments yourself, or by contacting the developer. It is worthwhile to dwell in more detail on the correct completion of the protocol.
Which form is best to choose? The correspondence form is recommended, since this way you can get the largest number of solutions from participants in a short period of time.
What time is the meeting? The time should be convenient for more apartment owners. Naturally, holidays and summer months, in this case, fall out.
Apartment owners can find out about the upcoming meeting through registered letters that are sent to everyone by mail. This method is the most popular.
It is necessary to indicate who is part of the initiative group: full names of such persons, numbers of their apartments. Such persons may, first of all, be the residents themselves, but the latter have the right to act through representatives. You will also need information about the total area of the house, which is recommended to be taken from the registration certificate for the residential building.
How are votes counted? This issue is not resolved at the legislative level. At the same time, in practice there is a rule: the total area of the house is taken as 100%. Each resident’s vote is the ratio of the area of his living space to the total area of the house. Therefore, the totality of all votes will be exactly 100%.
There is a special mathematical formula. Here's its essence: the share of one resident = the area of his living space, multiplied by 100 and divided by the total area of the house.
Let's give an example: Sergeev's apartment = 40 sq. m. m, and the total area of the house is 25,000 sq. m. m. Accordingly, the share of this owner = 40 * 100/25000 = 0.16.
The voting sheet reflects the results of the meeting. A decision is made. The voting sheet will also have a specific number, which will later be entered on the registration sheet.
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Sample minutes of a general meeting of residents of an apartment building
A sample protocol can be downloaded here.
MINUTES OF THE GENERAL MEETING OF THE OWNERS OF PREMISES IN AN APARTMENT BUILDING, located at the address:
Irkutsk region, Irkutsk, st. Karla Marksa, 4, September 21, 2021
Protocol No. 1
Initiator of the general meeting of premises owners: apt. No. 3 Vasiliev A.A., apt. No. 3 Skolkov S.S. The form of holding the general meeting is in person/in absentia. Time: September 08, 2021 (for the absentee period for submitting voting sheets) Venue: sq. No. 2. The total number of votes of the owners of premises in an apartment building is 100%. The total area of the apartment building (owned by the owners) is 20,000 sq. m. m. The area of the apartment building owned by citizens is 19,300 sq. m. m. The area of the apartment building owned by legal entities is 500 sq. m. m.
The area of an apartment building in state (municipal) ownership is 0.
Participated in the voting: Owners (representatives of owners) of residential premises – 59%. Owners (representatives of owners) of non-residential premises – 3%.
In total, owners (representatives of owners) were present, holding 62% of the votes of the total number of votes. Quorum – available.
The general meeting of premises owners is valid.
Agenda: Issue No. 1. Approval of the Rules for holding general meetings of the house located at the address: Irkutsk region, Irkutsk, st. Karl Marx, 4.
59% voted for, 2% against, 1% abstained. The decision on the first item on the agenda has been made.
Attachments: Register of owners of premises in an apartment building (representatives of owners) on 10 sheets.
How is the general meeting of owners held?
How to hold a meeting in the HOA, read here.
How to draw up minutes of the general meeting of owners of an apartment building, read the link:
Notice of holding a general meeting of premises owners on 1 sheet. Register of delivery of notices to owners of premises about holding a general meeting of owners of premises in an apartment building on 10 sheets.
Registration sheet for owners of premises present at the meeting. Powers of attorney for representatives of premises owners in the amount of 5 pieces.
Chairman of the general meeting _________________________________/ Verkhozin I.K./ (signature)
Secretary of the general meeting ___________________________/ Klimov S.G./ (signature)
Members of the counting commission: ____________________________/ Klubov N.I./ (signature)
Requirements for design and form
Until 2015, the minutes of a meeting of residents of an apartment building were an ordinary document without legal force. But thanks to Federal Law No. 176 of June 29, 2015, it is recognized as official. This means that it is used in resolving a number of issues for submission to government agencies.
Correct execution of the document is a prerequisite. There is no unified form of minutes of the meeting, but when drawing up, the requirements of Order No. 937/pr dated December 25, 2015 are observed. They are as follows:
- It is issued no later than 15 days after the event.
- Only the secretary elected at the first meeting (or re-elected after) draws up the minutes.
- The protocol is drawn up indicating the necessary details, signatures, etc.
Important. For falsification of a protocol, appropriate criminal liability is provided (arrest for 6 months, forced labor for up to 2 years, or imprisonment for up to 2 years).
Minutes of the general meeting of residents of an apartment building: form
The protocol form can be downloaded here.
Protocol No. 1
general meeting of house owners at ________________________________
from "___"________ 200__g.
Present: ____ person (owner) according to Appendix 1 to the protocol.
Invited persons:
Representative of a local government body (or district administration) (by power of attorney No. _____ dated __________________ issued by _____________________________________).
Agenda:
- On the choice by owners of the form of management of an apartment building.
- On the creation of a homeowners' association.
- Approval of the HOA Charter.
- Elections of the HOA Board and the Audit Commission.
- Miscellaneous (information and suggestions on the operating procedures of HOA management bodies).
Listened:
- The initiator of the meeting, Mr. _______________________ addressed those present with an opening speech, proposing to elect gr. _________________________________, secretary of the meeting gr. _______________________, members of the counting commission gr. ____________________, gr. ______________________, gr. ______________________.
Decided:
1. Elect gr. _____________________.
2. Elect gr. ____________________.
3. Elect gr. ____________________, gr. __________________, gr. _____________________.
Voted:
“for” - unanimously (number of votes and total area) (see Appendix)
"against" - no
“abstained” - no.
4. A representative of the local government body (district administration) spoke with information about the choice by the owners of the form of management of an apartment building: ______________________________.
In accordance with Art. 161 of the Housing Code of the Russian Federation, owners of premises in an apartment building are required to choose one of the methods of managing an apartment building:
1) direct management of the owners of premises in an apartment building;
2) management of a homeowners’ association or a housing cooperative or other specialized consumer cooperative;
3) management of the management organization.
The method of managing an apartment building is chosen at a general meeting of owners of premises in the apartment building and can be changed at any time based on its decision. The decision of the general meeting on the choice of management method is mandatory for all owners of premises in an apartment building. An apartment building can be managed by only one management organization.
The initiator of the meeting was Mr. __________________: I propose to create a homeowners' association as a form of management of an apartment building.
Decided:
1.Choose the creation of a homeowners’ association as a form of management of an apartment building.
Voted:
“for” - ______________ (number of votes and total area) (see Appendix)
“against” - ___________ (number of votes and total area) (see Appendix)
“abstained” - _____(number of votes and total area) (see Appendix).
2. Information about the draft HOA Charter was presented by Mr. ___________________.
There is a draft HOA Charter. The project fully complies with the current legislation of the Russian Federation.
Main sections: _____________________________________.
What proposals do you have for editing the HOA Charter? __________________________________________________________
Decided:
- Accept the HOA Charter as a whole (including amendments, if any).
- Make copies of the Charter for subsequent placement in an accessible place and for familiarization with persons living in the house.
Voted:
“for” - ______________ (number of votes and total area) (see Appendix)
“against” - ___________ (number of votes and total area) (see Appendix)
“abstained” - _____(number of votes and total area) (see Appendix).
3. Information on the procedure for electing the management bodies of the HOA was presented by Mr. ______________________.
In accordance with Art. 147 of the Housing Code of the Russian Federation, the management of the activities of the homeowners’ association is carried out by the board of the association. The HOA board has the right to make decisions on all issues of the partnership’s activities, with the exception of issues falling within the exclusive competence of the general meeting of owners of premises in an apartment building and the competence of the general meeting of members of the homeowners association. The board of a homeowners' association is elected from among the members of the association by the general meeting of members of the association for the period established by the charter of the association, but not more than for two years.
The board of the homeowners association elects the chairman of the association from among its members.
The board of a homeowners association is the executive body of the association, reporting to the general meeting of members of the association.
I propose to elect one representative from the entrance as members of the board:
- ______________________ (FULL NAME.)
- ______________________ (FULL NAME.)
- ______________________ (FULL NAME.)
- ______________________ (FULL NAME.)
- ______________________ (FULL NAME.)
Decided:
- Elect the HOA Board consisting of __ people.
- Elect members of the HOA Board:
- ______________________ (FULL NAME.)
- ______________________ (FULL NAME.)
- ______________________ (FULL NAME.)
- ______________________ (FULL NAME.)
- ______________________ (FULL NAME.)
Why is it necessary to choose MKD advice?
For productive interaction with organizations of the housing and communal services complex (municipal unitary enterprise, management company) and prompt decision-making between residents, it is necessary to select authorized representatives of the interests of all residents of the house - the so-called house council, which includes several proactive and active owners.
The house council is elected by residents at a general meeting and represents the interests of the entire house in the management company, municipal authorities and other structures. The house council is respected, active, trusted by all residents, people who take care of their home. These are assistants and controllers for the management company.
Registration sheet for participants in the general meeting of premises owners
The registration sheet can be downloaded here.
REGISTRATION SHEET
participants in the general meeting of house owners located at: _________________________________________________ in the form of _________ voting. October 8, 2015 - number of residential premises - 400, area - 30,000 sq. m., - number of non-residential premises - 7, area - 1000 sq. m. - the total area of the house belonging to the owners is 30,000 sq. m. m. - the total number of votes of the owners of premises in the house - 100%.
No. Apartment No. Full name Area, sq.m. m. Share in the right of common ownership, % Signature
1 1 Ivanov Sergey Ivanovich
50 50*100/30000=0.1667 TOTAL: 100 Responsible _________________________________ October 8, 2015
About the event
From time to time, the chairman of the council initiates general meetings at which topics related to MKD and interaction with the management company will be raised. Each such event is subject to mandatory recording.
Minutes of meetings, as well as additional documents (voting ballots, register of house owners, etc.) are stored at the address agreed upon in advance by the participants.
If any decision was made at the meeting, then the residents, regardless of whether they were present at the meeting, must implement it. If the tenant believes that his rights have been violated in this way, he can go to court.
