The activities of the HOA to maintain common property and provide residents with utilities are regulated by the Housing Code, the charter and decisions of meetings of the partnership participants.
The decisions of the meeting are formalized in the form of minutes, which are the legal basis for the execution of such decisions. Dear readers! To solve your specific problem, call the hotline or visit the website. It's free.
8 (800) 350-31-84
What documents are required for this?
Conducting a meeting requires the preparation of such documents as:
- register of owners;
- registration sheets of citizens who came to the general meeting;
- a protocol form that records the progress of the general meeting;
- notification of the fact of the event;
- information that determines the distribution of shares;
- a form, which is a kind of written decision of the owner on issues that were put to the vote.
If everything is more or less clear with the rest of the documents, then such a concept as a register of owners leaves many questions.
The register of owners is a list of persons who came to the meeting, and at the same time those who are members of the homeowners' association. Just like the register, information on the distribution of shares, as well as registration sheets, are needed at the initial stages of the event, when it is necessary to count the votes of the owners of premises occupying an apartment building and participating in the meeting.
Below is a sample register of owners of an apartment building:
About placement in GIS Housing and Communal Services
Copies of decisions and protocols are considered transferred in the case when electronic images of decisions and protocols are in the public domain and are available for viewing in the GIS Housing and Communal Services (clause 4 of the Procedure). Based on the literal interpretation of Part 1.1 of Art. 46 of the RF Housing Code and the Procedure, placement in the system and delivery of documents are not alternative methods of transfer. This means that the order of the Ministry of Construction specifies the obligation of the manager of an apartment building to post decisions and minutes of meetings of owners in the Housing Information System.
For your information
Information about the holding of a general meeting of premises owners, a general meeting of members of HOAs, housing complexes, housing cooperatives, as well as decisions of such meetings on issues put to vote, and voting results must be posted in the system (clause 36, part 1, article 6 of the Federal Law of July 21 .2014 No. 209-FZ “On GIS Housing and Communal Services”). By virtue of Part 18 of Art. 7 of the same law, suppliers of this information are persons engaged in the provision of services for the management of apartment buildings, under contracts for the provision of services for the maintenance and (or) performance of work on the repair of common property in apartment buildings, for the provision of utility services
.
So, it is the responsibility of the manager of the apartment building to send copies of decisions and protocols, including using the GIS Housing and Communal Services
, was installed in the GZhN body from 08/30/2015. Until now, managers have not been required to place electronic images of the documents in question in the GIS Housing and Communal Services, since the general rule on posting information has been in effect since July 1, 2016 (or after four months from the date of entry into force of the agreement on the trial operation of the GIS Housing and Communal Services). Has anything changed since April 29, 2016 due to the entry into force of the Procedure?
On the one hand, according to the direct instructions in Part 19 of Art. 12 of Federal Law No. 176-FZ, protocols are transferred to the GZHN body using the GIS Housing and Communal Services and are subject to placement in the system within the general time frame - from 07/01/2016.
On the other hand, on the basis of Part 4 of Art. 12 of Federal Law No. 209-FZ, if the legislation of the Russian Federation establishes an earlier deadline for information providers to post information in the system, they are obliged to place such information in the system within the time limits provided for by the legislation of the Russian Federation. The order of the Ministry of Construction is an act of legislation of the Russian Federation. Can it be considered that it sets the deadline for posting information in the Housing and Communal Services GIS? The answer to this question will influence the qualification of the offense in the form of failure to place or untimely placement of minutes of general meetings of premises owners in the Housing Information System.
Currently, posting decisions and minutes of the meeting of owners of an apartment building in the Housing and Communal Services State Information System is the fulfillment of the obligation of the manager of the apartment building to transfer to the supervisory authority the information necessary for the implementation of supervisory measures. This obligation is provided for by the Housing Code of the Russian Federation. Failure to comply with it entails administrative liability under Art. 19.7 of the Code of Administrative Offenses of the Russian Federation (fine for legal entities in the amount of 3,000 to 5,000 rubles).
At the same time, there is an obligation, established by a special law on GIS housing and communal services, to place a variety of information in this system (the goal is to provide interested parties with information about housing and communal services). In general, information must be placed in the GIS from 07/01/2016, for individual information (about houses managed by the management company) - from 08/01/2015. Violation of this obligation threatens with more serious sanctions (see Article 13.19.2 of the Code of Administrative Offenses of the Russian Federation, fine for the Criminal Code - 30,000 rubles).
For reference
From August 1, 2015, management companies are required to place in the Housing and Communal Services State Information System information about the list of apartment buildings under management, as well as information about changes to this list (Part 2 of Article 198 of the Housing Code of the Russian Federation, Part 3 of Article 7 of the Federal Law of July 21, 2014 No. 255-FZ). By Order of the Ministry of Telecom and Mass Communications of the Russian Federation No. 368, Ministry of Construction of the Russian Federation No. 691/pr dated September 29, 2015, which entered into force on January 5, 2016, it was clarified that in addition to posting information directly about the apartment building (address), the minutes of the meeting of owners of an apartment building, at which a decision was made to select a management company, change, or terminate the management agreement. Thus, a certain category of minutes of general meetings is already published in the system.
So, from April 29, 2016, apartment managers have an undeniable obligation to post decisions and minutes of general meetings of premises owners in the Housing Information System. However, taking into account the various purposes of posting minutes in the GIS Housing and Communal Services, there is reason to believe that before the obligation arises to place information in the system as a whole, for the lack of publicly accessible electronic images of decisions and minutes of general meetings in the GIS Housing and Communal Services (except for the minutes of the general meeting on the choice of management company, termination of the contract management) liability under Art. 19.7 Code of Administrative Offenses of the Russian Federation. However, a different interpretation of the law by inspectors cannot be ruled out.
How is it compiled and what is the content?
Notifications
Notice is the provision of information about a general meeting . It must be received by every resident in an apartment building who has the rights to participate in such an event. Each HOA reserves the right to draw up a notification form at its own discretion, however, in some situations it is still worth resorting to a standard sample form that will document all the necessary nuances.
The advertisement form is drawn up on an A4 sheet, or half of it.
- In the header of the document, that is, in the top line, it is indicated that this document is a notice of an extraordinary or regular event in the form of a meeting of owners, which is held in a house located at the appropriate address.
- Next comes an appeal to the owner and a request. It sounds like the need to take part in a meeting that will take place at a specific address in a specific room, and also indicates an approximate time. At the same time, the meeting is divided into in-person and part-time parts.
- The date and time of the full-time part and the part-time part are indicated.
- After the date and time issues have been covered, the agenda is indicated. It can be either one or several at once.
- The initiator is installed. These may be members of the HOA, a specific owner or a group of initiative individuals.
- If there are special regulations for the event, the rules of conduct are also listed.
- If third parties, that is, guests, appear at the meeting, they also need to be identified.
- After this, the date of drawing up the notification, the signature of the person who compiled it, and if the author is the HOA, then a seal are placed.
Solution
Voting at a meeting of homeowners can take place in simple written form. The decision of the general meeting is determined based on voting results. This possibility is provided for in Article 48 of the Housing Code.
Voting is carried out only through written decisions, which can also be used when voting in absentia. The decision must come from each owner who came to the meeting .
This document should indicate the most important information that needs to be considered.
- Firstly, this is information about the person who is participating in the vote.
- Secondly, this is the most important information about the document, which confirms the person’s ownership of the premises in an apartment building.
- The third and most important point is the decision made on one or more issues with wording.
All requirements are established in Article 48 of the Housing Code and you can familiarize yourself with them in detail.
Some HOAs try to do without decision forms , because in fact, it is very difficult to examine each one, especially if the house is densely populated.
The practice of voting with hands is used, that is, those who vote in favor raise their hands, then those who vote against, and then those who abstain from casting a vote. In any case, every homeowner in an apartment building can and has the right to be present during the vote counting procedure, so as not to later accuse the HOA members of deception or forgery.
We talk in more detail about the form in which voting can be carried out at a HOA meeting here.
Protocol
The third most important document that is drawn up during the event is the protocol. It is led by a secretary, and in his absence, by a representative of the HOA, whose desktop is equipped with a computer, as well as the ability to print the document.
Minutes document decisions that were made at a general meeting . This is evidenced by the approved order of the Ministry of Construction of the Russian Federation dated December 25, 2015, number 937. The protocol itself must necessarily be contained on an A4 sheet, that is, be written, and must also be drawn up within a time frame that is limited by the scope of the meeting.
The minutes are drawn up no later than 10 days after the meeting, and in an amicable way, the minutes are printed at the time of the event, and then simply edited for errors.
Mandatory details of the document include::
- Name;
- date;
- protocol registration number;
- location;
- date;
- name, that is, the title of the main part;
- content part with abstracts;
- place where the document is stored;
- applications;
- signature of the secretary, as well as the persons who control the preparation of the protocol.
A similar list is enshrined in paragraph 4 of the above-mentioned order 937. If we talk about the date of the protocol, then it is the date of its preparation. The date of preparation must correspond to the date of the meeting. A registration number is assigned to a document within a calendar year. The content part is the main part, which is divided into the basis and the introductory part.
The introductory part is descriptive and contains information about the person who initiated the general meeting, who presides at the time of the meeting, the number of votes, the number of people who came, what is on the agenda, and other important points of the event.
The content part describes in detail the process of conducting the voting procedure. The minutes must be signed by the secretary and the chairman. This is stated in paragraph 21 of rules 937. The protocol should not contradict the charter of the HOA .
The protocol, in accordance with Article 136 of the Housing Code of the Russian Federation, must be signed by all owners who took part in the voting.
The document must be kept in the archives of the homeowners’ association, and if desired, any owner of premises in the house has the opportunity to familiarize itself with its text.
What needs to be conveyed?
First of all, you need to determine which documents are subject to transfer to the State Housing Registration Authority. In parts 1, 1.1 art. 46 of the Housing Code of the Russian Federation talks about decisions and minutes of the meeting of owners of an apartment building. It means that:
- minutes of general meetings of members of HOAs, housing complexes, housing cooperatives do not need to be transferred anywhere (in accordance with the requirements of the given norms of the Housing Code of the Russian Federation);
- the decision should be understood as a voting ballot for each owner of the premises (see also Part 4 of Article 46 of the Housing Code of the Russian Federation), which is necessary when holding a meeting of owners of an apartment building in the form of absentee or in-person voting. If during in-person voting the decisions of the owners are not formalized, they do not need to be transmitted;
- It is necessary to transfer all received protocols and decisions to the State Housing Authority body, even if, without the participation of the manager of the apartment building, they were drawn up in violation of the Requirements (and previously - without the mandatory details listed in Article 181.3 of the Civil Code of the Russian Federation), or raise doubts about the reliability, or can be qualified as insignificant.
According to clause 2 of the Procedure, the manager of the apartment building is obliged to send copies of documents presented to him by the initiator of the general meeting of premises owners. Therefore, if the initiator, in violation of Part 1 of Art. 46 of the RF Housing Code did not transfer any documents to the Criminal Code, but the latter has information about the holding of the general meeting; it is advisable to request (in writing) these documents from the initiator himself. This request will be evidence that the management company has taken all measures to fulfill its responsibility.
Naturally, if the initiator of the meeting was the manager himself, he must transfer copies of the minutes and decisions without any additional conditions.
Special mention should be made of the composition of the minutes of the owners' meeting. As established by paragraphs. “g” clause 4 and clause 19 of the Requirements, mandatory details of the protocol are the annexes to it (including decisions of the owners of the premises). Considering that attachments are an integral part of the protocol and without them it is sometimes impossible to establish the real will of the owners of the premises, the content of the decision (for example, if we are talking about the approval of the terms of the contract, work estimate, etc., which are included in the appendices), it is necessary to transfer the protocol to the State Housing Authority body with all its required applications.
What are the minutes of a HOA meeting?
The minutes of the HOA at meetings of tenants-owners is a document that lists all the issues discussed at the meeting, indicating the number of those present who voted “for”, “against” or abstained from voting (you will find out in what form voting can be carried out here) . Among these questions may be a proposal for the need to liquidate the partnership.
A document correctly completed and signed by the chairman of the meeting is the basis for the execution of decisions made at meetings by the board of directors and ordinary members of the housing association.
IMPORTANT! Every owner of a house under the management of a partnership has the right to familiarize himself with the text of the protocol documents, regardless of whether this person is a member of the HOA or not (Part 6, Clause 3, Article 143.1 of the Housing Code of the Russian Federation).
Filling out is carried out directly at the meeting by its secretary, or after counting votes in the case of absentee voting.
Difference in content for two types of voting
Absentee voting involves drawing up separate ballots for each resident owner of a room in the house.
REFERENCE! The protocol for absentee voting contains the decision of the meeting not in the main text, as in the case of in-person voting, but in the appendix (part “g” of clause 19 of Order No. 937).
In the protocol of absentee voting, in addition to the date of completion, the start date of acceptance and registration of completed ballots and the end date of such acceptance are indicated. If absentee voting was initiated due to a lack of quorum at the main meeting, this is indicated in the introductory part.
The subsections “Listen”, “Decided” and “Resolved” are absent in the absentee version of the protocol. This document lists only the agenda items and the number of votes cast for a particular candidate or for a positive/negative solution to the issue. The number of votes out of the total number for each voting item should be indicated.
Our experts can also tell you in what cases and how a general meeting of the HOA is held and what documents may be required for this.
Who should fill it out?
Compilation is carried out by the secretary of the meeting , elected by simple voting from among the present residents-members of the housing association. The secretary cannot be the chairman of the meeting. The duties of the secretary include:
- filling out the protocol according to the rules approved by order of the Ministry of Construction No. 937;
- control over the accuracy of the entered data on the number of votes provided by the counting commission;
- making additions and dissenting opinions at the end of the issues under discussion as directed by the chairman.
IMPORTANT! The secretary who compiled the protocol signs it and is responsible for the consequences resulting from distortion of information in any sections of the protocol due to negligence or intent equally.
When holding an absentee meeting with voting by apartment, the document is drawn up by members of the housing association who organized the 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.
