Housing Code of the Russian Federation, Article 44 Housing Code of the Russian Federation
1. The general meeting of owners of premises in an apartment building is the management body of the apartment building. A general meeting of owners of premises in an apartment building is held for the purpose of managing the apartment building by discussing agenda items and making decisions on issues put to vote.
2. The competence of the general meeting of owners of premises in an apartment building includes:
- 1) making decisions on the reconstruction of an apartment building (including its expansion or superstructure), construction of outbuildings and other buildings, structures, structures, major repairs of common property in an apartment building, on the use of the capital repair fund;
- 1.1) making decisions on the choice of method for forming a capital repair fund;
- 1.1-1) making decisions on the amount of the contribution for capital repairs in terms of the excess of its size over the established minimum amount of the contribution for capital repairs, the minimum amount of the capital repairs fund in terms of its excess over the established minimum amount of the capital repairs fund (if the law of the subject The Russian Federation has established a minimum size of the capital repair fund), choosing a person authorized to open a special account, concluding a bank deposit agreement in order to place temporarily free funds of the capital repair fund formed in a special account (hereinafter referred to as the special deposit), performing transactions with funds located in a special account, a special deposit in a Russian credit institution in which a special account, a special deposit must be opened, placement of temporarily free funds of the capital repair fund formed in a special account, a special deposit in Russian credit institutions;
- 1.2) making decisions on the receipt by a homeowners’ association or a housing construction cooperative, a housing cooperative or another specialized consumer cooperative, a management organization and, in the direct management of an apartment building, by the owners of premises in this building by a person authorized by a decision of the general meeting of such owners, a loan or a loan for capital repair of common property in an apartment building, on determining the essential terms of a credit agreement or loan agreement, on the receipt by these persons of a guarantee, surety for this loan or loan and on the conditions for obtaining the specified guarantee, surety, as well as on repayment at the expense of the capital repair fund of the loan or loan , used to pay for the costs of major repairs of common property in an apartment building, and for the payment of interest for the use of this credit or loan, payment from the capital repair fund for the costs of obtaining the specified guarantees and sureties;
- 2) making decisions on the limits of use of the land plot on which the apartment building is located, including the introduction of restrictions on its use;
- 3) making decisions on the use of the common property of the owners of premises in an apartment building by other persons, including the conclusion of contracts for the installation and operation of advertising structures, if for their installation and operation it is intended to use the common property of the owners of premises in an apartment building;
- 3.1) making decisions on identifying persons who, on behalf of the owners of premises in an apartment building, are authorized to conclude agreements on the use of the common property of the owners of premises in an apartment building (including agreements for the installation and operation of advertising structures) on the terms determined by the decision of the general meeting;
- 3.2) making decisions on the use of the system or other information systems when holding a general meeting of owners of premises in an apartment building in the form of absentee voting;
- 3.3) making decisions on identifying persons who, on behalf of the owners of premises in an apartment building, are authorized to use the system or other information systems when holding a general meeting of owners of premises in an apartment building in the form of absentee voting (hereinafter referred to as the administrator of the general meeting);
- 3.4) making a decision on the procedure for the administrator of the general meeting to receive messages about holding general meetings of owners of premises in an apartment building, decisions of owners of premises in an apartment building on issues put to vote, as well as the duration of voting on issues on the agenda of the general meeting of owners of premises in an apartment building in the form of absentee voting using the system;
- 3.5) making a decision on the procedure for financing expenses associated with convening and organizing a general meeting by the management organization, the board of a homeowners’ association, housing or housing construction cooperative, or other specialized consumer cooperative in accordance with Part 6 of Article 45 of this Code;
- 4) choosing a method of managing an apartment building;
- 4.1) making decisions on current repairs of common property in an apartment building;
- 4.2) making a decision to grant the council of an apartment building the authority to make decisions on the current repairs of common property in an apartment building;
- 4.3) making a decision to vest the chairman of the council of an apartment building with the authority to make decisions on issues not specified in Part 5 of Article 161.1 of this Code, with the exception of the powers falling within the competence of the general meeting of owners of premises in an apartment building;
- 5) other issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building.
