How is the quorum determined at the general meeting of owners of premises in an apartment building?

Determining quorum

If the meeting was attended by owners or their representatives who have more than 50% of the votes of the total number of votes of the owners of premises in the apartment building, then a quorum has taken place and the meeting is considered valid and valid (Part 3 of Article 45 of the Housing Code of the Russian Federation).

The number of votes is determined not by the number of people present at the meeting, but by the size of their share in the ownership of common property (Part 3 of Article 48 of the RF Housing Code). Accordingly, for a quorum it is necessary that the owners who jointly own more than 50% of the share in the OI be present at the meeting.

If we are talking about a meeting of the HOA, and not about a general meeting of owners, then the quorum is determined by the total number of votes of the members of the partnership.

And by virtue of clause 2 of Art. 181.5 of the Civil Code of the Russian Federation, unless otherwise provided by law, the decision of the OSS is void, that is, invalid regardless of whether it is recognized as such by the court, if it is made in the absence of the necessary quorum.

When holding a general meeting in person, the quorum must be determined immediately. If the meeting is held in absentia or in absentia, the quorum is determined on the last day of adoption of written decisions.

Sometimes management organizations do not take into account the votes of the owners of non-residential premises - this is a mistake. The quorum is determined based on the participation of the owners of all premises - residential and non-residential.

General meeting of homeowners

How to conduct your first meeting:

Log in to the website in the personal account of a citizen of the EIAS Housing and Communal Services of the Moscow Region through the “State Services” portal.

Select the meeting initiator or initiative group.

Before holding a general meeting, the initiator must:

determine which issues need to be put to a vote and formulate an agenda*;
prepare draft decisions of the general meeting and documentation;
choose a room;
determine the date and time of the meeting;
write a notice about the meeting.

* At the meeting itself, it will not be possible to change the agenda or vote on items not included in it.

The initiator must notify residents about the OSS*.

This can be done in several ways:

send a message to each owner by registered mail;
hand over the message personally against signature;
post the message in a publicly accessible place for all owners**.

* No later than 10 days before the date of the meeting.

** If such a place was previously discussed at a general meeting.

On the appointed date and time, owners must come to the meeting and sign in on the registration sheet. It usually states:

Full name of the owner;
address;
details of the certificate of ownership of the premises;
share in the right of common shared ownership of common property;
signature of the owner or the owner’s representative with a power of attorney attached*.

* If a representative of the owner takes part in the general meeting.

Select the chairman of the OSS, who will lead the meeting, the secretary of the meeting and the counting commission.

Discuss the agenda and take a vote.

Voting takes place separately for each item on the agenda immediately after its discussion. The number of votes of the owner depends on his share in the right of common shared ownership of common property in the apartment building. The share is proportional to the size of the total area of the room.

The counting commission must count the votes, and the meeting of owners must make a decision on the issue.

How the decision is made

Decisions are made according to how the majority votes. Owners who voted differently on the issue than most of the residents of the apartment complex must follow the ultimately adopted decision.

More than 50% of the total votes make decisions on:

choosing a method for forming a capital repair fund;
vesting the MKD council with the authority to make decisions on routine repairs of common property.

By a majority of at least 2/3 of the total number of votes, decisions are made on:

reconstruction of apartment buildings;
construction of outbuildings;
major repairs of common property in the apartment building;
reconstruction and redevelopment of premises as part of common property;
use of the capital repair fund;
increased contribution for major repairs;
obtaining and managing a homeowners association, housing cooperative, housing cooperative, management entity or a responsible person in the direct management of an apartment building loan or a loan for major repairs of common property;
the limits of use of the land plot on which the apartment building is located;
determining the persons who, on behalf of the owners of the premises, are authorized to conclude contracts and agreements;
vesting the chairman of the MKD council with powers.

How to appeal a decision of the OSS

You can appeal a decision if:

the decision made violates the Housing Code of the Russian Federation;
the owner was not present at the meeting or voted against the decision, and such a decision violated his rights and legitimate interests.

What needs to be done: file an application with the court within six months from the day the specified owner learned of the decision.

Summarize the results and include them in the minutes of the meeting.

This must be done no later than 10 days after the meeting.

The initiator must communicate information about the decisions made to all owners.

The initiator must also send the originals of the decisions and protocol to the management organization, the State Housing Inspectorate of the Moscow Region and the HOA (if it is formed) no later than 10 days after the meeting.

Forms and documents for conducting OSS in person

Notice of holding a general meeting of owners of premises in the apartment building

Minutes of the general meeting of owners of premises in the apartment building

Voting power of attorney for the owner's representative

Making decisions on agenda items

The presence of a quorum at a meeting does not guarantee that a decision on each item on the agenda will be made.

To resolve some issues, a majority of votes from the total number of votes of the owners taking part in the meeting is sufficient, that is, 50% of the total number of votes of all owners in the house + 1 vote is sufficient, provided that the meeting has a quorum.

To make decisions, for example, related to the overhaul of apartment buildings, a number of votes of at least 2/3 of the total number of votes of the owners is required, therefore the number of meeting participants to ensure a quorum may be insufficient to make decisions on such issues.

On what issues is absentee voting held for homeowners?

The Housing Code of the Russian Federation does not separately highlight the list of issues that are adopted at the general meeting of homeowners exclusively by in-person voting or by absentee voting. This means that any issue put on the agenda can theoretically be resolved by absentee voting. This:

whether to carry out major or current repairs of common property;
how to use the capital repair fund;
how to form a capital repair fund for a residential building;
whether to obtain a loan for major repairs, whether to set an increased fee for major repairs (more than the minimum);
issues of using common property, installing advertisements, leasing, etc.

If the procedure for holding a meeting or absentee voting was violated, the protection of housing rights is carried out in court. The owner of residential premises in such a house has the right to file a claim in court to challenge the decision of the general meeting of owners.

If there is no quorum

If the meeting is in person and there is no quorum to resolve issues, then a meeting in absentia is declared. In this case, the initiators of the meeting need to draw up a report on the lack of quorum at the meeting in person, confirmed by registration sheets, and make a decision to hold the meeting in absentia in compliance with all established deadlines.

If the meeting is in person or absentee and there is no quorum for the face-to-face part, the meeting is still held and ballots are distributed to those who come.

The absentee part of the meeting is held only for those who did not participate in the in-person part; its duration is determined in advance by the initiator of the meeting and published in the message about the meeting.

When the voting is over, the votes of all those who voted are counted - both in person and in absentia.
The quorum is determined based on the results of both parts of the meeting (Part 3 of Article 47 of the Housing Code of the Russian Federation). Source: RosKvartal® - Internet service No. 1 for management organizations

How is absentee voting of homeowners conducted by poll?

If the meeting of homeowners did not take place due to lack of quorum, it hardly makes sense to hold the meeting again. Then absentee voting takes place. And the survey path assumes the following order.

The meeting agenda remains the same (as if attempting to hold the meeting by voting in person). Each owner is sent a message, which, in addition to the agenda, must indicate: the date and time when the reception of messages from owners on issues put to vote ends, the address where such decisions should be transferred, how and where to familiarize yourself with the materials that will be presented at the meeting , the initiator of the meeting and his contact phone number.

The homeowners in the house make decisions on each issue - for, against, abstain. The decision form contains information about the person who voted, about the document on the ownership of such person. It is submitted to the address specified in the message and the counting commission conducts a count of votes.

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Notification methods

You can choose one of the following methods:

written notice with signature

To serve notices, a special register is drawn up, which will confirm the fact of notification to the owner. Each owner who received the message must sign this form (clause “c”, paragraph 20 of Order of the Ministry of Construction of the Russian Federation dated January 28, 2019 No. 44/pr).

ordered letter

When serving a notice by registered mail, it is not necessary to receive a return receipt with a signature. A message is considered delivered even if it arrived at the addressee, but for some reason was not delivered or the addressee was unable to familiarize itself with it (Article 165.1 of the Civil Code of the Russian Federation).

Russian Post puts a barcode on the letter with a number by which you can track the location of the letter. Once the letter is delivered, the owner is considered to have been properly notified.

When calculating the notice period, it is necessary to take into account the time it will take for the delivery of letters.

At what address should the owner be notified if he lives at a different address or owns several premises? Courts have different opinions on this matter, so it is better to make a decision at one of the first OSSs that the owner will be notified precisely at the location of the property he owns.

Information Table

Posting information about the meeting in a place accessible to all premises owners is a cheap, convenient and fast way.

This option is only possible if at one of the previous meetings it was decided that the owners would be notified about the OSS in this way. This form will be legal not only for the next one, but also for all subsequent meetings (Part 4 of Article 45 of the RF Housing Code).

other notification methods

Another notification method may be selected: simple (not registered) or email, GIS Housing and Communal Services or another information system.

An option other than a registered letter with notification must be agreed upon in the management agreement, the charter of the HOA or at the previous general meeting (Part 4 of Article 45 of the Housing Code of the Russian Federation).

When conducting an OSS in absentia or in absentia, together with a notification, each owner is sent decision forms on the agenda items and the information necessary for making a decision.

What issues does OSS address?

OSS must be carried out on all issues of management of apartment buildings: selection (change) of the form of house management, selection or change of management authority, determination of the storage location for OSS protocols. All issues regarding the use of a plot of land for an apartment building, the adjacent territory and common property are also resolved by the general meeting of owners. The management organization or HOA reports once a year to the owners of residential and non-residential premises of the house about the work performed and its cost. In case of disagreement on decisions made at the general meeting, the main document for determining the validity of the meeting’s decision is the minutes of the general meeting.

State Housing and Construction Supervision Service of the Irkutsk Region