A wide range of issues related to the management of a residential building that residents need to resolve are considered at the general meeting. This ensures that informed decisions are made, since the entire meeting procedure is characterized by its democracy.
At general meetings of residents of the house, not only current and future issues of the life of the house are considered, but also the issue of establishing an organization such as a homeowners' association.
According to the general requirements of current legislation, meetings of building residents are held at least once a year.
However, on the initiative of members of the HOA board or at the request of an initiative group from among the residents, general meetings can be held more often.
All issues that are brought up for consideration at the general meeting and decisions made on them are recorded in the minutes of the general meeting. At the same time, to make a decision that is subject to implementation by all residents of the house, it is necessary to vote.
The decision is considered adopted if the majority of homeowners vote for it. Typically, the owner who owns one apartment is assigned one vote.
In some HOAs, the number of votes per homeowner is calculated depending on the size of the total area of the apartment.
Therefore, it happens that the owner of a one-room apartment has one vote, and the owner of a four-room apartment has two votes.
Decisions made at the general meeting are executed by all homeowners. The responsible members of the board usually report on the progress of implementation of decisions taken at the next meeting, unless a longer period is specified for the implementation of the decision.
Current issues that do not require consideration at general meetings are considered at meetings of the HOA board members.
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Grounds for electing the head of the partnership
The main basis for electing the chairman and persons leading the organization is the creation of the HOA as a legal organization, as provided for by law. Elections of the head and board of the partnership are carried out on the basis of the adopted charter of the HOA, which regulates the entire process of activity of the created structure.
The adopted charter determines the procedure for election, establishes the term for which the chairman is elected, and also indicates other grounds that may serve as a reason for holding elections. Such cases provided for in the document include:
- creation of an organization;
- the end of the term of office specified in the charter;
- refusal of a manager to resign from a position;
- initiative of homeowners who are members of the organization, etc.
Reference. The grounds for the extraordinary re-election of the HOA management may be different, but most often they are related to the unsatisfactory performance of the created structure and serious violations identified during the inspection.
We talk in detail about the order in which the chairman of the HOA is changed here.
Concept
What is it and why is it needed? This is a document containing a condensed essence of the issues discussed at the meeting , data on the persons present, their opinions and results.
At the meeting, current issues can be discussed, as well as problems of implementation of housing legislation.
In addition, during the meeting the chairman of the partnership may be re-elected.
In fact, it is this paper that reflects how ready the governing body is to resolve certain issues in the life of an apartment building, and how determined it is to resolve it.
It is not secret, it is kept in the office (as a rule, the chairman is responsible for this) and any resident of the house - and indeed, in fact, any interested person - has the right to ask for it for review.
Generally speaking, owners should formally meet whenever any issues or disagreements .
According to the Charter, before the start of the event, each apartment owner must be notified in advance about the planned meeting (in writing).
One of the following options can be selected for the event
- presence of all members of the partnership (in person);
- absentee voting.
The minutes of the meeting of the board of the organization are also drawn up.
Before the start of the event, the head of the event must take into account all those who showed up. a registration form is required .
The circle of people whose responsibilities will include counting votes, reporting questions, and announcing their decisions also The procedure should not worsen the legal position of either the head of the HOA, or the board, or apartment owners in general.
As for the execution of the document, responsibility falls on the shoulders of the secretary .
Minutes of the general meeting of the HOA.
Sample extract from the minutes of the general meeting of the HOA.
You can learn about the standards for disclosing HOA information to residents from our article.
Legislative acts
The procedure for electing officials in the HOA is regulated by Article 145 and Article 147 of the Housing Code of the Russian Federation. Regulatory clauses define the general meeting, consisting of members of the organization, as the main governing body in the entire structure of the created partnership.
According to Article 145, the powers of the general meeting include all issues related to the activities of a non-profit structure, as well as making decisions on the election of the chairman of the HOA and the board.
Article 147 of the LC regulates the appointment of officials in the partnership and determines their powers in approving decisions made.
The adopted charter is the only legislative document that regulates the entire process of activity of the created structure. Changes to this document can only be made by decision of the residents at a general meeting.
Kinds
During the activities of the HOA, various meetings may be held, at the end of which a protocol is drawn up. The minutes of the meeting of the HOA members and the minutes of the HOA board are used.
The board is also elected at the general meeting, this body deals with all issues related to the maintenance of the apartment building. The meeting of the members of the partnership is held to solve important, pressing problems. A vote is required on every issue. The share of votes for each apartment depends on its area.
Legal implementation of the election process of the chairman
The election of the head is carried out by holding a general meeting to discuss the nominated candidates and approve the decisions made by the main management body.
The initiator of the election of an official in the HOA can be citizens who are members of the HOA.
Reference. The existing method of holding elections involves drawing up a protocol of election, which becomes the main document for the term of stay and activities of a citizen in the position of leader established by legislative acts.
Appeal
This document must be drawn up in accordance with all the rules, following the results of a meeting with the required quorum. On one of the housing and communal services websites you can use the protocol for its further use. If it turns out that there was not the required number of people on the OS board, or that voting was carried out in violation of the law, the decisions will be considered invalid.
A protocol not signed by responsible persons or with a forged signature is not valid. The HOA board, at the beginning of its activities, must determine where all documents will be stored.
Who is eligible to apply for the position?
The created partnership, guided by Article 147 of the Housing Code of the Russian Federation, elects members of the board from among the citizens who are members of the organization . The number of officials may include only those citizens who are the owners of premises in the established organization and are its full members.
The board of the HOA, based on legislative acts, elects from among its members the chairman of the partnership (the question of whether a non-owner of a home in an HOA can become a candidate for its chairman is discussed here). Such actions are provided for in the event that the right to elect a leader is not transferred by the organization’s charter to the competence of residents.
Advantages over the management company, TSN or SNT
- The “top” (chairman, board members) also lives in houses maintained by the HOA.
- Creating comfortable conditions for permanent residence.
- Compared to the management company, for the most part it has no debts to utility resource providers.
- The owner can find out the nuances of the organization’s financial condition at any time, since the information is freely available.
- Despite the fact that the company is considered a non-profit organization, it can carry out commercial activities without conflicting with the norms of the current legislation of the Russian Federation.
- In most cases, government agencies The authorities encourage the work of HOAs and take a number of stimulating actions for its development.
Composition and required number of persons
Preparations for the election of the head of the HOA include notification of all members of the non-profit structure created by the owners to participate in the election process. The quantitative composition of the general meeting may vary , but the decision to elect the chairman is made by the number of votes provided for in the charter of the partnership, provided that such powers are defined by the charter and transferred to the public.
Article 147, paragraph 6 regulates the issue of holding meetings, as well as issues related to the adoption and approval of decisions by officials managing the organization.
According to the law, approval of a candidate for the position of chairman of the HOA, if such actions are confirmed by the charter, can be carried out provided that the majority of the board from among those present at the meeting votes for the citizen. The charter of the partnership can change the existing legislative norm by making changes to the internal document of the organization at the meeting.
Dependence of elections on the number of participants
The adoption of approved decisions requires the presence of a quorum. The quorum is calculated using a special formula, where the area owned by the HOA members who came to the meeting is multiplied by 100 and divided by the total area of all premises managed by the partnership.
Persons who come to the meeting mark their personal presence by signing on the registration sheet. The document reflects the full name of the owner, the area of the premises belonging to him and the number of available votes that the owner of the property has.
The board of the organization has the right to make a decision by a majority vote if the meeting is held in the presence of at least half of its members, unless otherwise provided by the charter.
Part of the organizational work in the partnership, in addition to the chairman of the board, is also performed by the manager. You can learn more about these positions in the following publications:
- What are the responsibilities of the chairman of the HOA, what are his rights and responsibilities to the residents of the apartment building?
- How is the chairman of the HOA paid?
- Is it necessary to conclude an employment contract between the chairman and the HOA?
- What are the differences between the job descriptions of the chairman and the manager of the HOA?
- How to correctly draw up an agreement between the HOA and the manager: structure and content of the document; sample.
Disadvantages of the job
- one apartment building can be under the influence of only one HOA;
- there is a possibility of paying additional membership fees;
- it is not possible to hire a number of employees, since the organization does not have its own office space and cannot pay them salaries;
- conducting absentee voting threatens the threat of falsification, falsification of votes, and there is a possibility of using a criminal method to elect or re-elect the leadership.
Conclusion! Even taking into account all the above disadvantages, a Homeowners Association is one of the most reliable ways to control and manage apartment buildings.
For how long are they appointed?
The legislation notes that the officers of the partnership are elected for a period established by the organization’s charter, but the established period cannot exceed two years .
In some cases, the tenure of a manager in his position may be extended by decision of the general meeting. For this purpose, it is proposed to make changes to the charter of the partnership, which is reflected in the minutes.
Reference. At the end of the term of office of officials stipulated by law, new elections are initiated.
Step-by-step instruction
The election procedure involves notifying all members of the HOA about the upcoming meeting. Depending on the activity of the owners, there are two options for voting for specific candidates:
- in-person quorum voting;
- absentee voting, in the absence of the required quorum.
The procedure for carrying out in-person and absentee voting is provided for in Article 48 of the RF Housing Code and involves the following steps:
- Creation of an initiative group from members of the partnership.
- Determining the range of necessary issues to be submitted to the electoral meeting.
- Notifying members of the organization established by residents about the time and place of the meeting.
- Carrying out the procedure for holding a meeting if the required number of votes is available.
- Drawing up the minutes of the general meeting provided for by legislative acts with the adopted decisions included in the document on all issues under consideration.
The absence of a quorum provides for the possibility of absentee voting, where the results of the expression of will can be collected thanks to a survey, which indicates:
- passport details of a member of the partnership;
- details and name of the document confirming ownership;
- written response to the voting results.
Important. Questioning of citizens during absentee voting can be carried out by placing ballots in mailboxes, which, after filling out, are placed in the secretary's mailbox.
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.
Documenting
The law requires all decisions made at general meetings of the partnership or meetings of board members to be documented in the form of minutes approved by signatures. Requirements for the content and approval of the document are established by legislative acts.
Minutes of the meeting
The protocol is the main supporting document of decisions taken , which certifies the legality of the voting procedure and guarantees elected citizens protection from the law.
The document is signed by the chairman who was chosen at the meeting of the partnership, members of the board present at the meeting and the secretary taking the minutes. Copies of the approved protocol are sent to the housing and tax inspectorates, and are also attached to the charter adopted by the partnership and are retained for three years.
Order to take office
The public structure created by the residents is an official legal entity, the actions of which comply with the procedures provided for by law, which provide for the issuance of an order on the assumption of the position of the chairman of the board of the HOA. However, according to clause 3.1 of Article 147 of the RF Housing Code, members of the board cannot simultaneously be employees of the partnership.
The appointment order is drawn up on the basis of the completed minutes of the meeting on behalf of the elected chairman, stating that he assumes the position of head of the organization from the date specified in the order. The order is signed by the chairman.
The election of the board of a public organization and its leader is regulated by the charter of the HOA. The Housing Code in its articles indicates mainly the grounds for holding such elections, and also determines the procedure for carrying out the procedure.
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When are general meetings held?
The HOA is a constantly working organization, so board meetings to resolve vital, topical issues can be held even once a week. This ensures the effectiveness of all actions of the board and chairman.
General meetings of all residents are held much less frequently, only when serious reasons arise. Board meetings can be initiated by any board member or chairman.
IMPORTANT! Such a meeting can only be held in person; this is a legal requirement.
At the end of the meeting, minutes are drawn up; it must be certified by the chairman or deputy.
