How to draw up a protocol correctly
Any management issues of the homeowners association are resolved at a general meeting. The meeting is held if more than 50% of the home owners are present. The process is registered in a special protocol, which has its own non-specific form.
It must be said that the minutes of the HOA meeting do not have a unified form. There are no special forms at the federal level.
Attention! But the document must necessarily contain the following information:
- all details of the HOA, including registration address and location;
- the total area of an apartment building or several buildings in respect of which a HOA has been formed;
- the location of the hearing, as well as the date and approximate time of the meeting;
- agenda (list of issues that are discussed directly at this meeting);
- counting the number of votes (separate lines reflect the opinions of the owners “FOR”, “AGAINST”, and also indicate the number of abstaining from voting);
- a complete list of decisions that were made;
- signatures of the parties authorized to sign the document (secretary, chairman of the HOA).
Please note that more than 50% of the residents of the building must be present at the meeting. This fact must be mentioned in the protocol. This information is reflected in the document under the item “Data on the presence of quorum”. Quorum means the presence at the meeting of more than 50% of homeowners.
If one of the residents has his own special opinion, different from the opinion of other owners, he can declare this. It must be said that the point of view can be entered into the protocol. This proposal is considered regardless of whether it is on the agenda or not.
The voting results are reflected in the protocol after consideration of each issue previously stated on the agenda. That is, the decision is made not after examining all the problems, but after a consistent assessment of each individual topic.
The protocol is signed not by all residents, but by the parties to the HOA board. In particular, this is the chairman of the partnership, as well as the secretary of the meeting.
Number of people present
Who is required to attend elections and in what quantity? Depending on which body chooses the new leader, there are different conditions for voting.
If a new chairman is elected by the board, then absolutely all members . Elections are held by voting.
If we are talking about a meeting of homeowners, then the majority of residents, or rather more than half, must attend the meeting to select a manager.
It is important to follow the voting procedure. An official is considered elected only if more than half of the votes of residents are cast for him.
Does the validity of elections depend on the number of voters? The number of voters, of course, plays a role, since if less than half are at the meeting, then the results of such a meeting are invalid and incorrect and require a re-holding of the meeting.
Read our article about absentee voting.
Purpose of partnership minutes
A protocol is an official document that is drawn up only after a meeting. A decision is made only after considering the issue and making a separate decision. The paper consists of several parts.
The main one is the content part. It reflects the full list of issues that need to be resolved at the meeting, as well as decisions on them and the number of votes “For”, “Against”, “Abstain”. Each document has its own purpose.
Important! The grounds for drawing up minutes of the HOA board meeting include:
- reflection of all issues considered at the meeting;
- ensuring the legality of the meeting;
- obtaining the right to carry out any legally important actions in relation to the common property of residents, for example, installing a parking lot.
Drawing up minutes of a partnership meeting is not just a desire of the owners, it is a legal obligation. The need is reflected in Article 46 of the Housing Code of the Russian Federation.
It must be said that the partnership is formed on the basis of a general meeting of residents. After making a decision, the HOA registers the enterprise, since the organization is a legal entity. At the same time, contracts for the supply of services and resources are concluded, in addition, bank accounts are opened.
The minutes of the meeting of the HOA board are mandatory documents for the exercise of powers by the organization. Do not confuse two papers: the minutes of the HOA board and the minutes of the meeting of the HOA members. The first document is drawn up when defining a partnership, and the second to resolve public issues.
The decision is made by voting. The number of votes required for the result is determined in proportion to the total area of the house. However, each participant has the right to cast his vote only once, so the attendance of 50% of residents at the meeting is required.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
The legislative framework
The possibility of re-electing a leader or choosing him initially is reflected in the legislation . Since the housing code regulates the functioning of the partnership, it is quite logical to assume that the issue of election also falls within its competence.
Article 147 is devoted to the issue of electing a leader, which you can read in the bulk of housing legislation. In addition, the conditions for re-election may also be specified in the charter of the partnership.
You can find examples of job descriptions for the chairman and manager of the HOA.
Related documents
In addition to the minutes of the meeting of the board of directors of the homeowners' association, other related documents are also drawn up.
These include the following papers:
- a separate extract from the minutes of the meeting;
- special form for voting;
- power of attorney to represent the interests of members of the partnership.
As a rule, the minutes of the HOA board meeting contain more than ten pages. Sometimes the document volume reaches twenty sheets. It is very inconvenient to copy every page when performing legally significant actions on behalf of the partnership. After all, sometimes a document is provided in several copies.
In order not to collect a lot of documents, it is allowed to make a special extract from the minutes of the meeting. Attached to it are the papers necessary to resolve the issue described in the agenda.
For example, in order to open a current account with an HOA, a member of the partnership must be provided not with the entire minutes of the meeting, but only with an extract from it. But in any case, such paper must contain a decision to open an account.
ATTENTION! Look at the completed sample power of attorney to represent the interests of members of the partnership:
Please note! In open voting, no ballots are usually created. Such a document is needed when making decisions in absentia, when voting is carried out after or before the meeting by polling residents. However, if the number of residents gathered exceeds one hundred people, it becomes difficult to count the number of people who voted “FOR” and “AGAINST”. That is why voting is carried out directly at the meeting by counting the forms.
Ballots are developed in advance of the meeting. They reflect issues that need to be resolved through voting. Each form is signed by the chairman of the HOA and the secretary.
After voting, the forms are counted. The results are recorded in the protocol. For ease of counting, votes are divided proportionally to the occupied living space. Moreover, the accuracy is reflected to tenths.
A power of attorney is a document by which any person replaces one of the members of the HOA board. It is issued if a person cannot attend the meeting.
The power of attorney is issued to a citizen of the Russian Federation who has reached the age of majority. It does not matter whether he is the owner of the property in this house, a member of the HOA, or a complete stranger.
As a rule, a power of attorney can be issued to a member of the HOA. In this case, a person votes not only for himself, but also for another person. The principal is vested with all the rights that a member of the HOA has. He has the right to take part in voting, make challenges, proposals, and so on.
Watch the video. Absentee voting in HOA:
If the paper is prepared for correspondence
The absentee protocol is filled out by voting organizers or board members in the presence of a counting commission elected to count votes from among the HOA members or an auditor.
After the completion of absentee voting, the counting commission rejects invalid or spoiled ballots and calculates the percentage of votes from the total number cast for each issue on the agenda.
In the case of an in-person meeting of apartment owners, which involves discussing a number of issues in person, the residents of the building who are members of the HOA have the right to demand that the responsible person filling out the protocol documents enter a special opinion into them.
A special opinion is included in the document by the secretary. Residents’ dissenting opinions on the same issue, which are similar in content, are put into general language by the secretary to be entered into the protocol independently due to the impossibility of a live discussion.
You can learn more about the various forms of voting during HOA meetings in a special article.
Rules for drawing up a proxy for voting
A power of attorney is an official document.
Although there is no single form for such paper, it must contain the following information:
- the name of the homeowners association, as well as the details of the HOA;
- last name, first name, patronymic, as well as passport details of the replaced HOA member;
- full name of the person replacing the member of the partnership, as well as his passport details;
- a complete list of powers delegated to the proxy (participate in voting, challenge, express your opinion, propose the optimal solution to the issue);
- information about the possibility of transferring rights;
- the full validity period of the document and the moment it comes into force.
Please note that a general power of attorney gives the trustee all the rights of a member of the HOA.
How to find out the debt for an intercom?
How to obtain a register of apartment building owners, read here.
What funds and property does the homeowners association have, read the link:
The document contains a list of powers:
- filling out the ballot when voting;
- requirement to include certain issues in the protocol;
- refusal to vote;
- other rights.
If the owner was absent for a long time and did not know what was happening at the meetings, he has the right to appeal all decisions made in court.
According to general rules, a power of attorney is certified by a notary. But the members of the partnership accept the document without the signature of a specialist. However, such paper has negligible legal significance. Decisions made with the participation of an authorized person who has an uncertified document are canceled by the court in an indisputable manner.
ATTENTION! Look at the completed sample power of attorney for the right to vote at the general meeting of owners of apartment buildings:
What is contained in the extract from the protocol
An extract from the minutes of a meeting of the board of directors of a homeowners' association is drawn up if it is necessary to provide a document to carry out legally significant actions.
This paper includes the following information:
- name of the partnership, its location or legal address;
- number of the minutes of the HOA board meeting;
- place, time and date of the HOA board meeting;
- information on the availability of the number of participants required to make a decision (50% of residents);
- a complete list of decisions taken at the meeting.
A sample statement can also be found on the Internet. Due to the fact that there is no standardized form of paper, you can use any form.
Only decisions made are reflected in the statement. Issues that are not resolved at the meeting are not listed in the document. The extract is signed by the chairman of the HOA, as well as the secretary of the meeting.
ATTENTION! Look at the completed sample extract from the minutes of the general meeting of owners of premises in the house:
Who is eligible?
The choice under the Housing Code of the Russian Federation can be carried out by two bodies. The first is the homeowners association board, which consists of active homeowners. They can choose a new candidate based on their own considerations and recommendations .
The second body that has the right to elect a leader is the meeting of owners of premises in an apartment building.
Typically, this method is used when it comes to the initial election of a person as chairman.
This body has great influence and can even overturn the board's decision.
You can download samples of employment contracts and job descriptions for all HOA employees, as well as other important documents, receipts and certificates on our website.
Absentee ballot
Absentee ballots can also be found online. Otherwise, you can create the forms yourself.
Attention! But do not forget that the document must include the following information:
- the full name of the partnership, as well as its address;
- date, time and place of the meeting;
- the full name of the property owner taking part in the voting, as well as his residential address and telephone number for communication;
- information from documents giving ownership of real estate;
- total area of the house;
- list of issues indicated on the agenda;
- information about the authorized person.
The form reflects all issues that must be resolved by voting. Opposite each item there are three columns “FOR”, “AGAINST”, “ABSTAIN”. The HOA member checks the appropriate column. You must sign the ballot below.
If the voting person does not answer at least one question, then the form is considered invalid. It is not taken into account when counting votes.
ATTENTION! View a completed sample voting ballot:
The minutes of the meeting, extract and voting ballots are considered official documents. To prevent the court from declaring them invalid, it is recommended to draw them up correctly from a legal point of view. The legitimacy of papers is based on the completeness of the information reflected in them.
