Conducting a general meeting of residents of an apartment building. How to determine the quorum of a meeting of owners of an apartment building? Holding a meeting of owners in person

22.03.2019

When the question arises of choosing a management company or landscaping a courtyard, residents of high-rise buildings remember that everyone is responsible for the overall. The order is familiar: they gathered near the house, voiced the agenda, discussed, made some noise, grumbled and, having voted, dispersed to their square meters. And it’s good if everything was that simple.

So that the meeting does not turn into a meeting, and the decisions made are recognized as valid, you need to take a responsible approach to organizing the event and take into account all the requirements of the law. We have prepared detailed instructions, use it.

Why would the tenants get together at all to discuss something?

As mentioned above, “neutral territory” is a constant source of issues that require collective discussion. The problems that the general meeting of owners can solve are recorded in Housing Code of the Russian Federation, Articles 44-46... These are transformations in the courtyard of a house, a way to accumulate funds for overhaul, ongoing repair work.

The change of the management company can also be a reason for discussion. If the quality of services does not suit most of the tenants, you can terminate the contract with this company and choose another one.

Each homeowner owns a part of the common property, which means that he can and should participate in socially useful life. At least by the fact that he will express his opinion: “for” or “against”.

For enthusiasts the road

Each owner can offer tenants to meet and solve urgent issues. Moreover, the RF LC establishes the annual necessity of holding general meetings. Whoever conducts them in your particular case - a homeowners' association (HOA), a management company (MC), a housing or housing-construction cooperative (ZhK or ZhKK) - can be vigilant and propose in advance to add problematic topics to the agenda.

If the moment is missed, you can hold an extraordinary meeting. The number of such meetings is not limited: a problem arose - we met and together found a solution. Are there like-minded people among the neighbors? Create an initiative squad and fight for a brighter future together.

Preparing documents

You will need:

Owners register

This list includes information about the owners and the size of their property. With the help of the register, the number of votes that each owner has is determined - it is proportional to the size of the space he occupies.

You can get it upon written request from the governing body: UK, ZhK, ZhKK or HOA, depending on who manages in your particular case. The RF LC obliges these organizations to issue you a register no later than 5 days from the date of application.

If you are refused, and you need to hold a meeting, you will have to roll up your sleeves and get the register yourself. There are two ways.

First: bypass all apartments and rewrite the data of certificates of registration of rights / extracts from the USRN for real estate. The plus is that this method is definitely free - only your work is required. Minus - the case may be delayed. Not everyone stays at home in the evenings and waits for a neighbor to come to them. Also, keep in mind that you will have to explain to everyone what you need and why.

Second: request information from Rosreestr. You can go to the nearest MFC, or register on the official website of Rosreestr and order an extract online. We'll have to pay the state fee.

Meeting Notice

This is an invitation from the neighbors to a meeting. Plan the day, time and place of the meeting so that the maximum number of residents are comfortable. You don't need to ask everyone, just follow the logic. On weekends, you will not find everyone at home, which means that there are evenings of weekdays. The requirements for notification are established by the same RF Housing Code.

In the notice of holding a general meeting of owners of premises in an apartment building, the following should be indicated:

1) information about the person on whose initiative this meeting is convened;

2) the form of holding this meeting (in person, in absentia or in absentia voting);

3) the date, place, time of this meeting, or in the case of holding this meeting in the form of absentee voting, the date of the end of acceptance of decisions of the owners on the issues put to a vote, and the place or address where such decisions should be submitted;

4) the agenda of the meeting;

5) the procedure for familiarization with the information and (or) materials that will be presented at this meeting, and the place or address where they can be viewed.

Register of delivery of notifications to owners of premises on holding a general meeting of owners of premises in an apartment building

It is needed if you will go from door to door and hand out notifications to neighbors personally. In the register, indicate the date of the notification and make sure that all owners sign.

Decision form

When holding a general meeting by means of in-person, in-person-absentee or absentee voting, the decision of the owner on the issues put to the vote, which is included in the minutes of the general meeting, must indicate:

2) information about the document confirming the ownership of the person participating in the voting to the premises in the corresponding apartment building;

3) decisions on each item on the agenda, expressed as "for", "against" or "abstained".

Registration list of premises owners who attended the meeting

Make a list in free form. Specify the date and agenda for the face-to-face meeting. List the names of those present directly at the meeting.

Protocol

The final decisions on the topics discussed will be recorded here. How to arrange and fill out, you can see in Order of the Russian Federation of December 25, 2015 No. 937 / pr.

A life hack for those who love ready-made solutions: the forms of all mandatory documents are in the Appendix to the methodological recommendations on the procedure for organizing and holding general meetings of owners of premises in apartment buildings, approved by Order of the Ministry of Construction of Russia dated July 31, 2014 N 411 / pr. Print and use.

Procedure

If we are going for the first time

Be sure to define how you manage your home and how you will conduct subsequent meetings.

You need to notify about the planned meeting 10 days in advance: send an invitation to each owner by registered mail. Alternative: knock on every door and inform neighbors personally. Just let them put their signature in the register of delivery of notices - this will confirm that they were familiarized on time.

On the appointed day, meet the participants where agreed. Register attendees, hand out decision forms.

Remember that in part 3 of article 45 of the LC RF there is a condition:

The general meeting of owners of premises in an apartment building is competent (has a quorum) if the owners of premises in this building or their representatives who have more than fifty percent of the votes of the total number of votes took part in it.

Moreover, to make some decisions ( part 3 of article 36, part 1 of article 46 and article 44 of the LC RF) the presence of all owners or owners with a total of at least ⅔ votes of the total number of votes may be required.

If the first meeting does not have a quorum, you need to repeat it with the same agenda. Moreover, it is no longer necessary to meet, it is enough to vote in absentia.

Come up with your suggestions, listen to opponents.

Those who could not attend the meeting and will vote in absentia must be issued with decision forms and set a date for their acceptance.

Prepare the results by filling out the protocol. Then transfer, attaching the decisions of the owners to the Criminal Code, HOA, ZhK or ZhKK, depending on the chosen method of managing the house.

Within 10 days, inform the neighbors about the outcome of the meeting. Mail the results and post where you choose to post alerts in the meeting. Most likely, these will be information boards.

Then your Criminal Code, cooperative or partnership must transfer the protocol and decisions to the state housing supervision body of the constituent entity of the Russian Federation in which the house is located. Copies will be kept at a location previously determined by the general meeting.

If there have been meetings in your home before

To make life easier

While you were reading this article, the thought probably came up: "Oh, it's difficult." If your enthusiasm for encouraging dormant neighbors to make important decisions has diminished, do not rush to give up this venture. Now there will be the main life hack.

The whole procedure can be greatly simplified if you conduct online voting. There is such a possibility - it is legally enshrined in Article 47.1 of the LC RF. Together with the rest of the owners, you can choose an information system on the basis of which meetings will be held in absentia.

One of these systems is Together. This is a real social network for residents of one house, where outsiders do not go. Each user confirms his identity using the State Services portal, which means that only you decide the issues of your common property.

Here you can not only vote for the installation of a barrier in the courtyard, but also quickly find neighbors if you are flooded, and contact the management company if they have stopped taking out garbage.

New edition of Art. 45 LCD RF

1. The owners of premises in an apartment building are obliged to hold an annual general meeting of owners of premises in an apartment building annually. Unless otherwise established by the general meeting of owners of premises in an apartment building, the annual general meeting of owners of premises in an apartment building is held during the second quarter of the year following the reporting year, in the manner prescribed by this article.

2. General meetings of owners of premises in an apartment building held in addition to the annual general meeting are extraordinary. An extraordinary general meeting of owners of premises in an apartment building may be convened at the initiative of any of these owners.

3. The general meeting of owners of premises in an apartment building is competent (has a quorum) if the owners of premises in this building or their representatives who have more than fifty percent of the votes of the total number of votes, except for the general meeting of owners of premises in an apartment building, have taken part in it, held on the issue specified in clause 4.5 of part 2 of article 44 of this Code. In the absence of a quorum for holding an annual general meeting of owners of premises in an apartment building, a repeated general meeting of owners of premises in an apartment building must be held. The general meeting of owners of premises in an apartment building, held on the issue specified in paragraph 4.5 of part 2 of Article 44 of this Code, is competent (has a quorum):

1) if there is more than one entrance in an apartment building, if the owners of premises in this apartment building or their representatives who have more than fifty percent of the votes of the total number of votes of owners of premises in this apartment building took part in the general meeting of owners of premises in an apartment building , including the owners of premises in an apartment building, at the entrance of which the premises to be transferred are located, possessing more than two-thirds of the votes of the total number of votes of such owners;

2) if there is one entrance in an apartment building, if the owners of premises in this apartment building or their representatives who have more than two-thirds of votes of the total number of votes of owners of premises in this apartment building took part in the general meeting of owners of premises in an apartment building.

3.1. The managing organization, the board of an association of homeowners, a housing or housing-building cooperative, or another specialized consumer cooperative are obliged to maintain a register of owners of premises in an apartment building, which contains information that allows identifying the owners of premises in this apartment building (last name, first name, patronymic (if any) the owner of the premises in an apartment building, the full name and main state registration number of the legal entity, if the owner of the premises in an apartment building is a legal entity, the number of the premises in an apartment building owned by an individual or legal entity), as well as information on the size of their shares in the right of common ownership to the common property of owners of premises in an apartment building. Upon admission to a management organization, the board of a homeowners' partnership, a housing or housing-construction cooperative, or other specialized consumer cooperative, a written application, including an application using the system, the owner or another person specified in this article, on whose initiative a general a meeting of owners of premises in an apartment building, on the provision of a register of owners of premises in an apartment building, these persons are obliged to provide the owner or another person specified in this article with this register within five days from the date of receipt of such an application. The consent of the owners of premises in an apartment building to the transfer of personal data contained in the register of owners of premises in an apartment building, when providing this register in the manner prescribed by this part, in order to convene and organize a general meeting of owners of premises in an apartment building is not required.

4. The owner, another person specified in this Code, on whose initiative a general meeting of owners of premises in an apartment building is convened, must inform the owners of premises in this building about such a meeting no later than ten days before the date of its holding. Within the specified time period, a message on holding a general meeting of premises owners in an apartment building must be sent to each owner of premises in this building by registered mail, unless a decision of the general meeting of premises owners in this building provides for another way of sending this message in writing, or handed over to each owner of the premises in this house against signature or placed in the premises of this house, determined by such a solution and available to all owners of premises in this house.

5. The notice of holding a general meeting of owners of premises in an apartment building must indicate:

1) information about the person on whose initiative this meeting is convened;

2) the form of holding this meeting (in person, in absentia or in absentia voting);

4) the agenda of the meeting;

5) the procedure for familiarization with the information and (or) materials that will be presented at this meeting, and the place or address where they can be viewed.

6. Owners who have at least ten percent of the votes of the total number of votes of owners of premises in an apartment building have the right to apply in writing to the management organization or the board of a homeowners' partnership, a housing or housing construction cooperative, or other specialized consumer cooperative to organize a general meetings of owners of premises in an apartment building. In the appeal for holding a general meeting of owners of premises in an apartment building, the issues to be included in the agenda of the meeting must be formulated. At the request of the owners, the management organization, the board of an association of homeowners, a housing or housing-building cooperative, or another specialized consumer cooperative are obliged to take the measures necessary for holding a general meeting of owners of premises in an apartment building, within forty-five days from the date of receipt of the application, but no later than than ten days before the date of the general meeting, notify each owner of the premises in this house about the holding of this general meeting in accordance with the established procedure, as well as draw up the necessary documents based on the results of this general meeting and ensure that they are brought to the attention of the owners of the premises in this house in accordance with the procedure installed.

7. A general meeting of owners of premises in an apartment building may be convened at the initiative of the management organization that manages this apartment building under a management agreement. At the same time, the agenda of such a meeting may include issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building.

Commentary on Article 45 of the LC RF

1. The rules for holding a general meeting of owners of premises in an apartment building were first established in Art. 45 of the Code. The peremptory norm of part 1 of this article establishes a legal obligation for owners of premises in an apartment building to hold an annual general meeting annually. Please note that the Code lacks a legal mechanism to ensure that the owners fulfill this obligation. The general meeting is not held in the cases specified in Art.

2. The general meeting of owners of premises in an apartment building can be either regular (held once a year) or extraordinary (convened at any time on the initiative of any of the owners of residential or non-residential premises of an apartment building). Note that the right of any of the owners of premises in the house to initiate the convocation of a general meeting is in no way connected with the size of the total area of the premises belonging to him.

Persons who are not the owners of premises in the corresponding apartment building are not entitled to initiate the convening of a general meeting of owners of premises in this building.

Both regular and extraordinary general meeting of owners of premises in an apartment building can be held by:

a) joint presence of the owners of premises in this building to discuss agenda items and make decisions on issues put to a vote;

b) holding absentee voting - transferring to the place or address specified in the notice of holding a general meeting of owners of premises in an apartment building, in writing the decisions of the owners on issues put to the vote (see).

Regardless of whether the meeting is ordinary or extraordinary, it has the powers established in the Code (see also the commentary to the said article). At the same time, it is hardly advisable to submit issues for consideration of an extraordinary general meeting that are usually considered at the annual general meeting of owners of premises in an apartment building.

Cases when an extraordinary general meeting of owners of premises is held, the Code does not define. Consequently, an extraordinary meeting may be convened in any cases if such a meeting is required by the common interests of the owners of premises in an apartment building, the interests of a group of said owners, or the interests of at least one such owner.

It should be assumed that the costs of preparing and convening an extraordinary meeting are borne by the initiator. At the same time, the Code does not contain a prohibition on subsequent reimbursement to the initiator of the extraordinary meeting of the specified costs by decision of the general meeting of owners of premises from sources determined by such a decision.

3. All owners of premises in an apartment building, regardless of the size of the total area of premises owned by each of them, have the right to participate in the general meeting. Therefore, all owners of premises in an apartment building have the right to be present at the general meeting with the right to vote and participate in the discussion of issues on the agenda.

The fact of participation in the meeting has practical and legal significance, since, depending on the number of participants in the general meeting, it is determined: a) the presence or absence of a quorum necessary for making decisions (see part 3 of article 45 of the Code); b) a simple or qualified majority of votes cast for a particular decision (see part 1 of article 46 of the Code). If the owner of the premises did not participate in the meeting, then he has the right to appeal to the court against the decision made by the general meeting of owners of premises in violation of the requirements of the Code (see part 6 of article 46 of the Code).

The quorum provided for in Part 3 of Art. 45 of the Code, determines the legality of both the general meeting held in the form of joint presence and the general meeting held in the form of absentee voting. In this case, the quorum at the general meeting held in the form of absentee voting is established taking into account the provisions of Part 2 of Art. 47 of the Code: the owners of premises in an apartment building are considered to have taken part in such a meeting, whose decisions were received before the date of the end of their admission.

It is advisable to pay attention to the fact that at the general meeting of owners of premises, shares in the ownership of the common property actually vote, and not the persons to whom they belong: the number of votes possessed by each owner of the premises in an apartment building at the general meeting of owners of premises in such a house, in proportion to his share in the right of common ownership of common property in this house (see). Taking this circumstance into account, the presence of a quorum provided for in part 3 of the article in question should be determined.

4. Part 4 of Art. 45 of the Code imperatively established the obligation of the initiator of the general meeting within the period specified in this part to personally notify all owners of premises in an apartment building about the meeting. If a decision of the general meeting of owners of premises does not establish another method of notification (for example, sending a text message by e-mail, fax, etc.), then it is carried out by sending each owner a registered letter containing the information specified in part 5 of Art. 45 of the Code. The specified message can also be delivered to each owner personally against receipt or placed in the premises of this house, known and accessible to all owners, which must be determined by the decision of the general meeting of owners of premises in an apartment building.

It seems that the norms in question actually regulate relations associated with the convening of an extraordinary general meeting of owners of premises in an apartment building, since the annual general meeting is not held on the initiative of a specific owner, but according to the rules established by the owners in accordance with Part 1 of Art. 45 of the Code.

5. The content of the message on holding a general meeting of owners of premises in an apartment building is determined according to the rules of Part 5 of Art. 45 of the Code. The requirements established here apply to the notice of holding both the annual and the extraordinary meeting and cannot be changed either by the decision of the general meeting of the owners of the premises, much less by the initiator of the extraordinary meeting.

Another commentary on Art. 45 of the Housing Code of the Russian Federation

1. General meetings of owners of premises in an apartment building are held annually. Moreover, both the terms and the procedure for their holding are established by the general meeting. Therefore, at the very first general meeting, it is advisable to approve their procedure and the procedure for absentee voting (Article 47), as well as establish the forms of messages about the meeting (Article 45), minutes of meetings (Article 46), power of attorney to vote (Article 48) etc.

2. The decisions of the general meeting are drawn up in minutes. The meeting is not entitled to make decisions on issues not included in the agenda of this meeting, and also to change the agenda of the meeting (Art. 46 of the LC RF).

3. In addition to the annual general meetings of owners, extraordinary ones may be convened. Extraordinary meetings are convened at the initiative of any owner. The burden of preparing the meeting rests with the initiator (part 4 of article 45).

According to part 4 of the commented article 45 of the LC RF, each owner must be notified of the convening of the general meeting 10 days before the day of its holding by registered mail, unless a different notification procedure is provided for by the decision of the general meeting; information about the general meeting can be posted in public places (for example, on a board near the entrance to an entrance), etc.

A notice that a general meeting of owners of an apartment building has been appointed must contain:

information about the person (initiative group), on whose initiative this meeting is convened;

information on the form of holding this meeting (meeting or absentee voting);

date and time of the general meeting;

the deadline for accepting decisions of the owners on issues put to a vote in absentee voting, the place or address where such decisions should be submitted;

the agenda of the meeting;

the procedure for familiarization with the information and (or) materials that will be presented at this meeting, the place or address where they can be viewed (part 5 of article 45).

4. The congregation has a quorum, ie. is competent to make decisions if the owners of the premises in this house (or their representatives), who have more than 50% of the total number of votes (), participate in it.

The general meeting of members of the HOA is the governing body in an apartment building. According to Art. 44 of the RF LCD, the meeting is held with the aim of resolving issues through a general vote of the owners. We will tell in the article how to hold a meeting of the owners of an apartment building and how it happens.

According to Art. 44.1 of the Housing Code of the Russian Federation, the general meeting of the HOA can be held in the following forms:

Full-time meeting of owners. It is carried out with the personal general presence of the owners of residential premises of an apartment building. It is held to discuss pressing issues and make decisions on them by means of a vote.
In-person meeting of the HOA. In this case, the discussion of issues is carried out in person, but further voting can be carried out in absentia. The owners convey their views on current issues in writing. The decision is transmitted to the address of the meeting of the owners or to another, established jointly.
Meeting in absentia of the HOA. The decision is made by voting in absentia. This type is also acceptable if the meeting of owners in person did not have a quorum. Voting is conducted by poll. From 01.01.2018, an information system for housing and communal services is being introduced for absentee voting (in Moscow, St. Petersburg and Sevastopol from 01.07.2019).

The meeting of owners of an apartment building has a quorum (i.e., eligible) if the number of HOA members or their representatives took part in the voting, the total weight of whose votes is at least 50%. This is provided for in part 3 of article 45 of the LC RF.

How to properly hold a homeowners association meeting? Step-by-step instruction

You can hold a meeting of the owners of an apartment building using our step-by-step instructions.

Stage 1. Initiation of the general meeting of the HOA

The general meeting of homeowners in an apartment building is held on an annual basis. The date of the meeting is selected individually, but the meeting must be held during the II quarter of the year following the reporting one. The general meeting of owners of residential premises may set other dates. If there was no other period adopted by voting, you should act according to the instructions of the RF LCD.

In addition to scheduled owner meetings, extraordinary meetings can be held. You can call a HOA meeting for the following reasons:

if the initiator is any of the owners - part 2 of article 45 of the RF LC;
if the initiator is the board of the HOA (provided that it has already been created) - clause 8 of article 148 of the RF LC;
if the initiator is the management company - part 7 of article 45 of the RF LC.

It is also possible to initiate a general meeting if the owners with at least 10% of the total votes apply in writing to the management company, HOA, ZhK, ZhKK or another consumer cooperative. This possibility is provided for in part 6 of article 45 of the LC RF.

Stage 2. Preparation for the owners' meeting

This stage involves the preparation of issues that will be brought up for public discussion (agenda). You will also need to decide on the form of subsequent voting.

If the meeting of the owners of an apartment building will be held in person or in person, it is necessary to choose a place and time to discuss current issues.

In addition, candidates must be selected to serve as chairman, secretary and members of the counting committee.

All interested parties should be notified of the holding of a general meeting of owners. At the stage of preparation, a register of owners of residential premises, protocol forms, possible forms of decisions on agenda items are drawn up.

Stage 3. Notifying the owners of the meeting

The owners of apartments in an apartment building should be notified of the upcoming general meeting no later than 10 days before the event. According to Part 4 of Article 45 of the RF LC, there are three ways of informing:

the notice can be posted in a public place;
the notification is delivered to each owner personally, while the fact confirming the receipt of information is a handwritten signature;
notification is sent by the owner by registered mail.

As a rule, the method of informing the owners that suits everyone is established at the first meeting.

The notice of the upcoming meeting of owners must contain the following information:

about the initiator of the general meeting;
form of conducting;
the date of the meeting;
the address of the place where the meeting will take place;
a list of issues to be resolved by general voting;
the procedure for acquaintance with the information;
a list of materials that are planned to be presented at the meeting of owners.

If the meeting of the owners of residential premises will take place in the form of absentee voting, it is necessary to also indicate in the notification the time frame within which the acceptance of decisions of members will be terminated. In addition, the address or other method of transmitting such decisions is prescribed.

Stage 4. Procedure for holding a meeting of owners

Depending on the type of the owners' meeting, the procedure for making decisions on agenda items also changes.

If the meeting of the owners of an apartment building is held in person, first you need to register all those present at the event. Then, you should calculate the volume of votes as a percentage. The number of votes possessed by each member of the meeting is directly proportional to his share in the common property in the house (part 3 of article 48 of the RF LC).

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If you have a quorum, you can start discussing the planned issues. To do this, you will initially need to select the chairman and secretary of the owners' meeting, as well as determine the members of the vote counting commission.

In the process of holding a meeting, it is prohibited to change the list of issues included in the agenda, and to make decisions on problems not provided for by this list (part 2 of article 46 of the LC RF).

When making decisions in absentia on pressing issues, the owners must convey their opinion to the address indicated in the notification. It is also important to take into account the specified period in which decisions are made (part 1 of article 47 of the LC RF).

When holding a meeting of owners in person and in absentia, the participants of the event personally discuss the issues on the agenda. After that, the members of the meeting must transmit their decision on the ballot paper within the prescribed period. The place or address of the transfer of the decision is also indicated in the notification of the meeting (part 3 of article 47 of the RF LC).

The decision on the agenda items is made by the majority of the owners. However, there are also exceptions. In some cases, a decision is made only if at least 2/3 of the total number voted for it. These situations include:

decision on the reconstruction of an apartment building;
on the construction of outbuildings;
on the boundaries of the use of the land plot adjacent to the apartment building;
on the use of the common property of the owners by other persons.

Whatever the form of the meeting, the following information must be indicated in the owner's decision:

information about the owner or his representative who participated in the voting;
data of the document confirming the ownership of the person who participated in the meeting and voting to an apartment in the house;
decision on all issues specified in the agenda.

Stage 5. Registration of the voting results of the owners

According to clause 2 of the Requirements approved by the Order of the Ministry of Construction of the Russian Federation of December 25, 2015 No. 937 / pr), the minutes of the owners' meeting must be drawn up no later than 10 days after the event.

The protocol contains the following information:

name of the document and its registration number;
date of drawing up the protocol;
date and place of the owners' meeting;
header to the content of the protocol;
substantive part of the protocol;
list of agenda items;
presence of a quorum;
the number of votes on each item on the agenda;
the address at which the protocol will be stored;
list of applications, if any.

The minutes of the general meeting of owners must be signed by the chairman, secretary and members of the counting commission.

The initiator of the meeting is obliged to submit copies of the decisions and minutes to the management company, the board of the HOA, ZhKK, ZhK or other consumer cooperative. This must be done within ten days after the meeting of the owners of the apartment building.

The management company or other organization within five days sends the above papers to the state housing supervision body. Copies of documents are kept there for three years.

It should be borne in mind that if the state housing supervision body receives two or more minutes of the general meeting in three months, which contain the same agenda items, then a commission will be sent to conduct an unscheduled inspection. The purpose of such an audit is to identify the fact of compliance with the requirements of the legislation in relation to the procedure for organizing, holding and registering the results of the general meeting of homeowners.

Stage 6. Notifying the owners of the decisions made

The results of the voting must be reported to all owners of residential premises. This is done by the initiator of the meeting. The notification period is no later than 10 days after the adoption of decisions on the agenda items.

The notice should be posted in a place accessible to all residential property owners.

It should be said that even if the owner did not take part in the general meeting, he is obliged to obey the decision. This is provided for in part 5 of article 46 of the RF LC.

An owner who did not take part in the voting or was against the adopted decision can appeal against it in court. To do this, it will be necessary to prove that this decision violated his legal rights and interests, or the decision was made in violation of the requirements of the RF LC. You can appeal the decision no later than six months from the moment when the owner learned about the voting results.

The court will take into account all the circumstances of the case and may uphold the decision if the owner's vote could not have influenced the decision, the violations committed are not critical or the decision made did not entail damage to the owner. In any case, before going to court, we recommend that you consult with a lawyer on housing issues.

The decision to create a council of an apartment building is made by the owners of premises in an apartment building at a general meeting. For a successful general meeting, it is necessary that an initiative group from among the owners themselves appears in the house.

The initiators of the general meeting of owners can be the owner or several owners of premises in this house (Article 45 of the RF LC).

Step 1. Creation of an initiative group owners.

We assemble an initiative group, ideally one person from each entrance, but you can act alone, remember that the main thing in this matter is initiative.

Gathered a team of like-minded people, immediately hold a meeting of the initiative group to discuss problems and issues that concern you and the rest of the residents of the house.

On the agenda is issue number one - the choice of the Council of the apartment building and the Chairman of the Council of the house. We draw up a list of candidates, study Council Regulation and the Chairman of the Council, if necessary, we make adjustments to the documents under consideration. The final document should be minutes of the meeting of the initiative group, which expresses the intentions of the initiators to go to the general meeting and a list of issues that they are going to discuss with the rest of the residents.

The current edition of 02/06/2020, with changes and additions.

Chapter 6. Common property of owners of premises in an apartment building. General meeting of such owners

RF Housing and Utilities Consultant 01/19/2013 01/01/2020

Housing Code of the Russian Federation of December 29, 2004 No.

Chapter 6. COMMON PROPERTY OF PREMISES OWNERS IN APARTMENT BUILDING. GENERAL MEETING OF SUCH OWNERS

Article 36. Ownership of the common property of owners of premises in an apartment building

1. The owners of premises in an apartment building own, on the basis of common share ownership, common property in an apartment building, namely:

1) premises in this house, which are not part of apartments and are intended to serve more than one room in this house, including inter-apartment staircases, staircases, elevators, elevator and other shafts, corridors, technical floors, attics, basements, in which there are engineering communications, other equipment serving more than one room in this house (technical basements);

2) other premises in this house that do not belong to individual owners and are intended to meet the social and domestic needs of the owners of premises in this house, including premises intended for organizing their leisure time, cultural development, children's creativity, physical education and sports and similar events;

3) roofs enclosing the load-bearing and non-load-bearing structures of this house, mechanical, electrical, sanitary and technical and other equipment (including structures and (or) other equipment designed to ensure unimpeded access for disabled people to premises in an apartment building) located in this indoor or outdoor home and serving more than one room;
(as amended by Federal Law No. 462-FZ of December 29, 2017)

4) the land plot on which this house is located, with elements of landscaping and improvement, other objects intended for maintenance, operation and improvement of this house and located on the specified land plot. The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning.
(Part 1 as amended by Federal Law dated 04.06.2011 No. 123-FZ)

2. The owners of premises in an apartment building own, use and, within the limits established by this Code and civil legislation, dispose of common property in an apartment building.

3. Reducing the size of the common property in an apartment building is possible only with the consent of all owners of premises in this building through its reconstruction.

4. By the decision of the owners of premises in an apartment building, adopted at a general meeting of such owners, common property in an apartment building may be transferred to other persons for use if this does not violate the rights and legitimate interests of citizens and legal entities.

4.1. Adjustment of common property in an apartment building to ensure unimpeded access of disabled people to premises in an apartment building in accordance with the requirements specified in part 3 of Article 15 of this Code is allowed without a decision of the general meeting of owners of premises in an apartment building only if such adjustment is carried out without attracting funds specified owners.
(Part 4.1 was introduced by Federal Law No. 462-FZ, dated 29 December 2017)

5. The land plot on which the apartment building is located may be encumbered with the right of limited use by other persons. It is not allowed to prohibit the establishment of encumbrances on a land plot if it is necessary to provide access for other persons to objects that existed before the date of entry into force of this Code. A new encumbrance of a land plot with the right of limited use is established by agreement between the person requiring such encumbrance of the land plot and the owners of premises in an apartment building. Disputes on establishing the encumbrance of a land plot with the right of limited use or on the conditions of such encumbrance shall be resolved in court. A public easement in relation to a land plot is established in accordance with land legislation.

6. In the event of destruction, including accidental death, demolition of an apartment building, the owners of premises in an apartment building retain their share in the common share ownership of the land plot on which this house was located, with elements of landscaping and improvement and other intended for maintenance, operation and improvement of this house, objects located on the specified land plot, in accordance with the share in the right of common shared ownership of common property in an apartment building at the time of destruction, including accidental death, demolition of such a house. These owners own, use and dispose of the property provided for in this part in accordance with civil legislation.
(Part six was introduced by Federal Law No. 232-FZ of 18.12.2006)

Article 36.1. Total funds in a special account

(introduced by Federal Law No. 271-FZ of 25.12.2012)

1. The owners of premises in an apartment building own the rights to funds in a special account intended for transferring funds for capital repairs of common property in an apartment building and opened in a credit institution (hereinafter referred to as a special account), and formed from contributions to capital repairs, penalties paid in connection with the improper performance of the obligation to pay such contributions, and interest accrued by the credit institution for the use of funds in a special account.

2. The share of the owner of the premises in an apartment building in the right to funds in a special account is proportional to the total amount of contributions for major repairs paid by the owner of such premises and the previous owner of such premises.

3. The right of the owner of the premises in an apartment building to a share of the funds in a special account follows the fate of the ownership of such premises.

4. Upon the transfer of ownership of a premise in an apartment building, the share of the new owner of such premises in the right to funds in a special account is equal to the share in the right to the specified funds of the previous owner of such premises.

5. The owner of the premises in an apartment building is not entitled to demand the allocation of his share of the funds in a special account.

6. When acquiring ownership of premises in an apartment building, a share in the right to funds in a special account is transferred to the acquirer of such premises.

7. The terms of the agreement, according to which the transfer of ownership of the premises in an apartment building is not accompanied by the transfer of a share in the right to funds in a special account, are null and void.

Article 37. Determination of shares in the right of common ownership of common property in an apartment building

1. The share in the right of common ownership of the common property in the apartment building of the owner of the premises in this building is proportional to the size of the total area of the said premises.

2. The share in the right of common ownership of the common property in the apartment building of the owner of the premises in this building follows the fate of the ownership right to the said premises.

3. Upon the transfer of ownership of a premise in an apartment building, the share in the common ownership of the common property in this building of the new owner of such premises is equal to the share in the common ownership of the said common property of the previous owner of such premises.

4. The owner of the premises in an apartment building is not entitled to:

1) carry out the allocation in kind of his share in the right of common ownership of common property in an apartment building;
2) alienate his share in the right of common ownership of common property in an apartment building, as well as perform other actions entailing the transfer of this share separately from the ownership of the said premises.

Article 38. Acquisition of a share in the right of common ownership of common property in an apartment building upon acquisition of premises in such a building

1. Upon acquisition of premises in an apartment building, a share in the right of common ownership of common property in an apartment building is transferred to the acquirer.

2. The terms of the agreement by which the transfer of ownership of premises in an apartment building is not accompanied by the transfer of a share in common ownership of common property in such a building are void.

Article 39. Maintenance of common property in an apartment building

1. The owners of premises in an apartment building bear the burden of the costs of maintaining common property in an apartment building.

2. The share of compulsory expenses for the maintenance of common property in an apartment building, the burden of which is borne by the owner of the premises in such a building, is determined by the share in the common ownership right to the common property in such a building by the specified owner.

3. The rules for maintaining common property in an apartment building are established by the Government of the Russian Federation.
(as amended by Federal Laws dated 23.07.2008 No. 160-FZ, dated 27.07.2010 No. 237-FZ)

4. In accordance with the principles established by the Government of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation establish lists of measures to save energy and increase energy efficiency in relation to the common property of owners of premises in an apartment building, to be carried out at a time and (or) regularly.
(part four was introduced by Federal Law No. 261-FZ of 23.11.2009)

Article 40. Changing the boundaries of premises in an apartment building

1. The owner of a premise in an apartment building, upon acquiring ownership of a premise adjacent to the premise that belongs to him on the right of ownership in an apartment building, has the right to combine these premises into one premise in the manner prescribed by Chapter 4 of this Code. The boundaries between adjacent premises may be changed or these premises may be divided into two or more premises without the consent of the owners of other premises, if such a change or division does not entail a change in the boundaries of other premises, the boundaries and size of common property in an apartment building or a change share in common ownership of common property in this house.

2. If reconstruction, reorganization and (or) redevelopment of premises is impossible without joining to them a part of the common property in an apartment building, the consent of all owners of premises in an apartment building must be obtained for such reconstruction, reorganization and (or) redevelopment of premises.

Article 41. Ownership of the common property of the owners of rooms in a communal apartment

1. The owners of rooms in a communal apartment own, on the basis of common shared ownership, premises in this apartment that are used to service more than one room (hereinafter referred to as common property in a communal apartment).

2. Changing the size of the common property in a communal apartment is possible only with the consent of all the owners of the rooms in this apartment by means of its reconstruction and (or) redevelopment.

Article 42. Determination of shares in the right of common ownership of common property in a communal apartment

1. The share in the right of common ownership of the common property in the communal apartment of the owner of the room in this apartment is proportional to the size of the total area of the said room.

2. The share in the common ownership right to the common property in the apartment building of the owner of the room in the communal apartment located in the given building is proportional to the sum of the total area of the said room and determined in accordance with the share in the common ownership right to the common property in the communal apartment of this owner of the area premises that make up the common property in this apartment.

3. The share in the right of common ownership of the common property in the communal apartment of the owner of the room in this apartment follows the fate of the ownership of the said room.

4. When the ownership of a room in a communal apartment is transferred, the share in the common ownership of the common property in this apartment of the new owner of such a room is equal to the share in the common ownership of the said common property of the previous owner of such a room.

5. The owner of a room in a communal apartment is not entitled to:

1) carry out the allocation in kind of his share in the right of common ownership of common property in this apartment;
2) alienate his share in the right of common ownership of the common property in this apartment, as well as perform other actions entailing the transfer of this share separately from the ownership of the specified room.

6. When a room is sold in a communal apartment, the rest of the owners of the rooms in this communal apartment have the preemptive right to purchase the alienated room in the manner and on the terms established by the Civil Code of the Russian Federation.

Article 43. Maintenance of common property in a communal apartment

1. The owners of rooms in a communal apartment bear the burden of the costs of maintaining the common property in this apartment.

2. The share of compulsory expenses for the maintenance of common property in a communal apartment, the burden of which is borne by the owner of the room in this apartment, is determined by the share in the common ownership of the common property in this apartment of the specified owner.

Article 44. General meeting of owners of premises in an apartment building

1. The general meeting of owners of premises in an apartment building is the management body of an apartment building. A general meeting of owners of premises in an apartment building is held in order to manage an apartment building by discussing agenda items and making decisions on issues put to a vote.
(as amended by Federal Law No. 176-FZ of June 29, 2015)

1.1. Persons who have accepted from the developer (the person providing the construction of an apartment building) after issuing him permission to put the apartment building into operation in this building according to a deed of transfer or other transfer document, have the right to take part in general meetings of owners of premises in an apartment building and make decisions on issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building, in the manner prescribed by this Code, within a year from the date of issuance of permission to put an apartment building into operation.
(Part 1.1 was introduced by Federal Law No. 485-FZ, dated 31 December 2017)

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 with its expansion or superstructure), the construction of outbuildings and other buildings, structures, structures, overhaul of common property in an apartment building, on the use of the capital repair fund, on the reconstruction and (or) redevelopment of premises that are part of the common property in an apartment building;
(as amended by Federal Laws dated 04.06.2011 No. 123-FZ, dated 25.12.2012 No. 271-FZ, dated 27.12.2018 No. 558-FZ)
1.1) making decisions on the choice of a method for forming a capital repair fund, choosing a person authorized to open a special account in a Russian credit institution, performing transactions with funds in a special account;
(Clause 1.1 as amended by Federal Law No. 257-FZ dated July 29, 2017)
1.1-1) making decisions on the amount of the capital repair contribution in terms of exceeding its size over the established minimum amount of the capital repair contribution, the minimum size of the capital repair fund in terms of exceeding its size over the established minimum size of the capital repair fund (if the law of the subject The Russian Federation established the minimum size of the capital repair fund), placement of temporarily free assets of the capital repair fund, formed in a special account, on a special deposit in a Russian credit institution;
(Clause 1.1-1 as amended by Federal Law No. 257-FZ dated July 29, 2017)
1.2) decision-making on the receipt by a homeowners' partnership or a housing construction cooperative, a housing cooperative or other 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 the decision of the general meeting of such owners, a loan or a loan for capital repair of common property in an apartment building, on the determination of the essential conditions of a loan 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 of the loan or loan from the capital repair fund used to pay the costs of capital repairs of common property in an apartment building, and on the payment of interest for the use of this loan or loan, payment from the capital repair fund of expenses for obtaining the specified guarantees, the guarantor estates;
(Clause 1.2 introduced by Federal Law No. 271-FZ of 25.12.2012)
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 the use of it, as well as on the conclusion of an agreement on the establishment of an easement, an agreement on the implementation of a public easement in relation to a land plot related to common property in an apartment building ;
(as amended by Federal Law No. 341-FZ dated 03.08.2018)
2.1) making decisions on the improvement of the land plot on which the apartment building is located and which belongs to the common property of the owners of premises in the apartment building, including on the placement, maintenance and operation of landscaping and landscaping elements on the specified land plot;
(Clause 2.1 was introduced by Federal Law No. 416-FZ of 20.12.2017)
3) making decisions on the use of the common property of the owners of premises in an apartment building by other persons, including on the conclusion of contracts for the installation and operation of advertising structures, if it is planned to use the common property of owners of premises in an apartment building for their installation and operation;
(Clause 3 as amended by Federal Law No. 228-FZ dated 27.09.2009)
3.1) making decisions on the determination of 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 owners of premises in an apartment building (including agreements for the installation and operation of advertising structures), to submit documents for the approval of reorganization and ( or) redevelopment of the premises, which is part of the common property in an apartment building, to conclude an agreement on the establishment of an easement, an agreement on the implementation of a public easement in relation to a land plot related to the common property of owners of premises in an apartment building, and on persons authorized to sign these agreements , as well as on the procedure for receiving funds provided for by these agreements on the terms determined by the decision of the general meeting;
(Clause 3.1 was introduced by Federal Law No. 228-FZ of September 27, 2009; as amended by Federal Laws of August 3, 2018 No. 341-FZ, of December 27, 2018 No. 558-FZ)
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;
(Clause 3.2 was introduced by Federal Law No. 263-FZ of July 21, 2014)
3.3) making decisions on determining 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);
(Clause 3.3 was introduced by Federal Law No. 263-FZ of July 21, 2014)
3.4) making a decision on the procedure for receiving by the administrator of the general meeting of messages on holding general meetings of owners of premises in an apartment building, decisions of owners of premises in an apartment building on issues put to a vote, as well as on the duration of voting on the agenda of a general meeting of owners of premises in an apartment building in the form of absentee voting using the system;
(Clause 3.4 was introduced by Federal Law No. 263-FZ of July 21, 2014)
3.5) making a decision on the procedure for financing the costs associated with the convocation and organization of the holding by the management organization, the board of a homeowners' partnership, housing or housing construction cooperative, other specialized consumer cooperative of the general meeting in accordance with part 6 of Article 45 of this Code;
(Clause 3.5 was introduced by Federal Law No. 176-FZ of June 29, 2015)
4) the choice of a method for managing an apartment building;
4.1) making decisions on the current repair of common property in an apartment building;
(Clause 4.1 introduced by Federal Law No. 123-FZ dated 04.06.2011)
4.2) making a decision on vesting the council of an apartment building with the authority to make decisions on the current repair of common property in an apartment building;
(Clause 4.2 was introduced by Federal Law No. 176-FZ of June 29, 2015)
4.3) making a decision on vesting 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 powers attributed to the competence of the general meeting of owners of premises in an apartment building;
(Clause 4.3 was introduced by Federal Law No. 176-FZ of June 29, 2015)
4.4) making a decision on the conclusion by the owners of premises in an apartment building, acting on their own behalf, in the manner prescribed by this Code, respectively, of an agreement for cold and hot water supply, sewerage, power supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply , including the supply of solid fuel in the presence of stove heating) (hereinafter also - an agreement containing provisions on the provision of public services), an agreement for the provision of services for the management of solid municipal waste with a resource supplying organization, a regional operator for the management of solid municipal waste;
(Clause 4.4 was introduced by Federal Law of 03.04.2018 N 59-FZ)
4.5) making a decision on consent to the transfer of residential premises to non-residential premises;
(Clause 4.5 was introduced by the Federal Law of 29.05.2019 N 116-FZ)
5) other issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building.

Article 44.1. Forms of holding a general meeting of owners of premises in an apartment building

(introduced by Federal Law No. 176-FZ of June 29, 2015)

A general meeting of owners of premises in an apartment building can be held by:

1) in-person voting (joint presence of owners of premises in a given building to discuss issues on the agenda and make decisions on issues put to a vote);
2) absentee voting (by poll or using the system in accordance with Article 47.1 of this Code);
3) intramural-absentee voting.

Article 45. Procedure for holding a general meeting of owners of premises in an apartment building

5. The notice of holding a general meeting of owners of premises in an apartment building must indicate:

1) information about the person on whose initiative this meeting is convened;
2) the form of holding this meeting (in person, in absentia or in absentia voting);
(Clause 2 as amended by Federal Law No. 176-FZ of June 29, 2015)
3) the date, place, time of this meeting, or in the case of holding this meeting in the form of absentee voting, the date of the end of acceptance of decisions of the owners on the issues put to a vote, and the place or address where such decisions should be submitted;
4) the agenda of the meeting;
5) the procedure for familiarization with the information and (or) materials that will be presented at this meeting, and the place or address where they can be viewed.

6. Owners who have at least ten percent of the votes of the total number of votes of owners of premises in an apartment building have the right to apply in writing to the management organization or the board of a homeowners' partnership, a housing or housing construction cooperative, or other specialized consumer cooperative to organize a general meetings of owners of premises in an apartment building. In the appeal for holding a general meeting of owners of premises in an apartment building, the issues to be included in the agenda of the meeting must be formulated. At the request of the owners, the management organization, the board of an association of homeowners, a housing or housing-building cooperative, or another specialized consumer cooperative are obliged to take the measures necessary for holding a general meeting of owners of premises in an apartment building within forty-five days from the date of receipt of the application, but no later than than ten days before the date of the general meeting, notify each owner of the premises in this house about the holding of this general meeting in accordance with the established procedure, as well as draw up the necessary documents based on the results of this general meeting and ensure that they are brought to the attention of the owners of the premises in this house in accordance with the procedure , established by part 3 of Article 46 of this Code.
(Part 6 is introduced by Federal Law No. 176-FZ, dated 29 June 2015)

Article 46. Decisions of the general meeting of owners of premises in an apartment building

1. Decisions of the general meeting of owners of premises in an apartment building on issues put to a vote shall be adopted by a majority of votes of the total number of votes of the owners of premises in an apartment building participating in this meeting, with the exception of the decisions provided for in clauses 1.1, 4.2 of part 2 of Article 44 of this Code, which are taken by more than fifty percent of the votes of the total number of votes of the owners of premises in an apartment building, and decisions provided for in paragraphs 1, 1.1-1, 1.2, 2, 3, 3.1, 4.3 of part 2 of Article 44 of this Code that are adopted by a majority of at least two-thirds votes from the total number of votes of owners of premises in an apartment building, as well as the decision provided for in paragraph 4.5 of part 2 of article 44 of this Code, which is adopted in accordance with part 1.2 of this article. Decisions of the general meeting of owners of premises in an apartment building are drawn up in protocols in accordance with the requirements established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services. The decisions and minutes of the general meeting of owners of premises in an apartment building are official documents as documents certifying facts entailing legal consequences in the form of imposing obligations on the owners of premises in an apartment building with respect to common property in this building, changing the scope of rights and obligations or releasing these owners from obligations, and are subject to placement in the system by the person who initiated the general meeting. The originals of decisions and minutes of the general meeting of owners of premises in an apartment building are subject to mandatory submission by the person on whose initiative the general meeting was convened to the management organization, the board of a homeowners' partnership, housing or housing construction cooperative, other specialized consumer cooperative, and with a direct method of management apartment building to the state housing supervision body no later than ten days after the general meeting of owners of premises in the apartment building. Copies of decisions and minutes of the general meeting of owners of premises in an apartment building on the issue specified in clause 4.4 of part 2 of Article 44 of this Code shall also be sent by the person on whose initiative the general meeting was convened, within the time period specified in this part, to the resource supplying organization, a regional operator for the management of solid municipal waste, with which the owners of premises in an apartment building, acting on their own behalf, will, in accordance with the adopted decision, enter into agreements containing provisions on the provision of public services.
(as amended by Federal Laws of 27.09.2009 N 228-FZ, of 29.06.2015 N 176-FZ, of 03.07.2016 N 355-FZ, of 20.12.2017 N 416-FZ, of 31.12.2017 N 485-FZ , dated 03.04.2018 N 59-FZ, dated 28.11.2018 N 435-FZ, dated 29.05.2019 N 116-FZ)

1.1. The management organization, the board of an association of homeowners, a housing or housing-building cooperative, another specialized consumer cooperative, within five days from the date of receipt of the originals of the decisions and minutes of the general meeting of owners of premises specified in part 1 of this article, are obliged in the manner prescribed by the federal executive body, carrying out the functions of developing and implementing state policy and legal regulation in the field of housing and communal services, send the originals of these decisions and protocols, including using the system, to the state housing supervision body for storage for three years. The body of state housing supervision, if it receives two or more minutes of the general meeting of owners of premises in an apartment building, containing decisions on similar issues on the agenda, within three months in a row, is obliged to conduct an unscheduled check in order to establish the fact of compliance with the requirements of the law when organizing, conducting and documenting the results of such a meeting.
(Part 1.1 was introduced by Federal Law No. 176-FZ, dated 29 June 2015; as amended by Federal Law No. 485-FZ, dated 31 December 2017)

1.2. The decision of the general meeting of owners of premises in an apartment building, provided for in paragraph 4.5 of part 2 of Article 44 of this Code, shall be adopted:

1) if there is more than one entrance in an apartment building, by a majority of votes of the total number of votes of the owners of premises in an apartment building participating in this meeting, subject to voting for the adoption of such a decision by the owners of premises in an apartment building, at the entrance of which the premises to be transferred are located, possessing a majority of votes from the total number of votes of such owners participating in this meeting;

2) if there is one entrance in an apartment building by a majority of votes of the total number of votes of the owners of premises in the apartment building participating in this meeting.
(Part 1.2 is introduced by the Federal Law of 29.05.2019 N 116-FZ)

2. The general meeting of owners of premises in an apartment building is not entitled to make decisions on issues not included in the agenda of this meeting, as well as to change the agenda of this meeting.

3. Decisions made by the general meeting of owners of premises in an apartment building, as well as the results of voting, are communicated to the owners of premises in this building by the owner specified in Article 45 of this Code by another person, on whose initiative such a meeting was convened, by posting a corresponding message about this in the premises of this house, determined by the decision of the general meeting of owners of premises in this house and accessible to all owners of premises in this house, no later than ten days from the date of these decisions.
(as amended by Federal Law No. 176-FZ of June 29, 2015)

4. Copies of the minutes of general meetings of owners of premises in an apartment building and decisions of such owners on issues put to a vote are kept in the place or at the address determined by the decision of this meeting.
(Part 4 as amended by Federal Law No. 485-FZ dated 31.12.2017)

5. The decision of the general meeting of owners of premises in an apartment building, adopted in accordance with the procedure established by this Code, on issues within the competence of such a meeting, is mandatory for all owners of premises in an apartment building, including for those owners who did not participate in the voting.

6. The owner of the premises in an apartment building has the right to appeal to the court against a decision made by a general meeting of owners of premises in this building in violation of the requirements of this Code, if he did not take part in this meeting or voted against such a decision and if such a decision violated it rights and legitimate interests. An application for such an appeal may be filed with the court within six months from the day when the specified owner learned or should have learned about the decision. The court, taking into account all the circumstances of the case, has the right to uphold the contested decision if the voting of the said owner could not affect the voting results, the violations committed are not material and the decision made did not entail any damage to the said owner.

7. In an apartment building, all premises in which belong to one owner, decisions on issues related to the competence of the general meeting of owners of premises in an apartment building are made by this owner individually and are drawn up in writing. At the same time, the provisions of this chapter, which determine the procedure and terms for preparing, convening and holding a general meeting of owners of premises in an apartment building, do not apply, with the exception of the provisions concerning the timing of an annual general meeting of owners of premises in an apartment building.

Article 47. General meeting of owners of premises in an apartment building in the form of absentee voting (by poll) and intramural absentee voting

(as amended by Federal Law No. 176-FZ of June 29, 2015)

1. In the event that during a general meeting of owners of premises in an apartment building through the joint presence of owners of premises in this building to discuss issues on the agenda and make decisions on issues put to a vote, such a general meeting did not have the specified in part 3 of Article 45 of this Of the Quorum Code, in the future, decisions of the general meeting of owners of premises in an apartment building with the same agenda can be adopted by absentee voting (by poll) (transfer to the place or address specified in the message on holding a general meeting of owners of premises in an apartment building, written decisions of the owners on the issues put to the vote).
(as amended by Federal Laws dated 04.06.2011 No. 123-FZ, dated 29.06.2015 No. 176-FZ)

2. Those who took part in the general meeting of owners of premises in an apartment building, held in the form of absentee voting (by poll), are considered to be the owners of premises in this building, whose decisions were received before the date of the end of their admission.
(as amended by Federal Law No. 176-FZ of June 29, 2015)

3. The general meeting of owners of premises in an apartment building may be held by means of in-person voting, which provides for the possibility of in-person discussion of agenda items and making decisions on issues put to a vote, as well as the possibility of transferring decisions of the owners within a specified time to a place or address, which are indicated in the message on the holding of a general meeting of owners of premises in an apartment building.
(Part 3 as amended by Federal Law No. 176-FZ of June 29, 2015)

Article 47.1. General meeting of owners of premises in an apartment building in the form of absentee voting using the system

(introduced by Federal Law No. 263-FZ of July 21, 2014)

1. In the event that the general meeting of owners of premises in an apartment building adopts decisions provided for in clauses 3.2 - 3.4 of part 2 of Article 44 of this Code, the system is used to post messages on holding a general meeting of owners of premises in an apartment building, decisions made by a general meeting of owners of premises in an apartment building. house, voting results, for storing minutes of general meetings of owners of premises in an apartment building on the agenda of the general meeting of owners of premises in an apartment building, for placing electronic images of decisions of owners of premises in an apartment building on issues put to a vote, as well as for voting on issues on the agenda of the general meeting of owners of premises in an apartment building.

2. In the case of using the system when holding a general meeting of owners of premises in an apartment building, posting messages about holding a general meeting of owners of premises in an apartment building, decisions made by a general meeting of owners of premises in an apartment building, voting results, keeping minutes of general meetings of owners of premises in an apartment building on issues on the agenda of the general meeting of owners of premises in an apartment building, decisions of owners of premises in an apartment building on issues put to a vote are carried out taking into account part 4 of Article 45, as well as parts 3 and 4 of Article 46 of this Code.

3. Not later than fourteen days before the start date of the general meeting of owners of premises in an apartment building using the system, the administrator of the general meeting must be notified of the holding of an appropriate general meeting of owners of premises in an apartment building that meets the requirements provided for in part 4 of this article, in the procedure established by the general meeting of owners of premises in an apartment building in the event of an annual general meeting of owners of premises in an apartment building, or by the owner, on whose initiative an extraordinary general meeting of owners of premises in an apartment building is convened.

4. In the case of using the system when holding a general meeting of owners of premises in an apartment building in the form of absentee voting in a message on holding a general meeting of owners of premises in an apartment building, along with the information provided for in paragraphs 1, 2, 4 and 5 of part 5 of Article 45 of this Code, must be indicated:

1) information about the administrator of the general meeting (name (company name), organizational and legal form, location, postal address, contact phone number, official website on the Internet information and telecommunications network (for a legal entity), last name, first name, patronymic , passport data, place of permanent residence, contact phone number, e-mail address (for an individual);
2) place and (or) actual address of the administrator of the general meeting;
3) the date and time of the beginning and end of the voting using the system on the issues put to the vote;
4) the procedure for the reception by the administrator of the general meeting of written decisions of the owners of premises in an apartment building on issues put to a vote.

5. The administrator of the general meeting places a message on the holding of a general meeting of owners of premises in an apartment building, transmitted to him in accordance with part 2 of this article, in the system no later than ten days before the date and time of the beginning of such a meeting. Within the specified period, the administrator of the general meeting sends a message about the holding of a general meeting of owners of premises in an apartment building to each owner of a premises in this building through the system.

6. Voting on the agenda items of the general meeting of owners of premises in an apartment building using the system is carried out by owners of premises in an apartment building personally by indicating the decision on each item on the agenda, expressed in the wording "for", "against" or "abstained" in electronic form, or by transferring to the administrator of the general meeting of the written decisions of the owners of premises in an apartment building on the issues put to the vote, before the date and time of the end of such voting.

7. Those who took part in the general meeting of owners of premises in an apartment building using the system are considered to be the owners of premises in this building who voted in electronic form, as well as owners whose decisions were received before the date and time of the end of the voting specified in the notice of holding the general meeting of owners premises in an apartment building.

8. The duration of voting on the agenda of the general meeting of owners of premises in an apartment building using the system must be at least three days and not more than five days from the date and time of the beginning of such voting.

9. Voting on the agenda of the general meeting of owners of premises in an apartment building using the system is carried out without interruption from the date and time of its beginning and until the date and time of its end.

10. The administrator of the general meeting is obliged to indicate in the system information about the person participating in the voting, information about the document confirming the ownership of the person participating in the vote, to the premises in the corresponding apartment building, transferred to him by the owner of the premises in the apartment building in writing and expressed in wording "for", "against" or "abstained" from the decision on each issue of the agenda, and also to place in the system an electronic image of the said decision of the owner of the premises in an apartment building within one hour from the moment of receiving such a decision.

11. Decisions of the general meeting of owners of premises in an apartment building, adopted by the results of voting using the system, on issues put to the vote, are automatically generated in the form of a protocol and posted in the system within one hour after the end of such voting.

12. Minutes of general meetings of owners of premises in an apartment building on the agenda of the general meeting of owners of premises in an apartment building, formed using the system by a general meeting of owners of premises in an apartment building, electronic images of decisions of owners of premises in an apartment building on issues put to a vote, submitted to the administrator general meeting are stored in the system.

13. Holding a general meeting of owners of premises in an apartment building in the form of absentee voting using other information systems is carried out in the manner and within the time limits provided for by this Code, taking into account the specifics established by this article.

Article 48. Voting at the general meeting of owners of premises in an apartment building

1. The right to vote at the general meeting of owners of premises in an apartment building on issues put to a vote belongs to the owners of premises in this building. Voting at the general meeting of owners of premises in an apartment building is carried out by the owner of the premises in this building, both personally and through his representative.

2. The representative of the owner of the premises in the apartment building at the general meeting of the owners of the premises in this building acts in accordance with the powers based on the instructions of federal laws, acts of authorized state bodies or acts of local self-government bodies, or a power of attorney drawn up in writing to vote. The power of attorney to vote must contain information about the owner of the premises in the corresponding apartment building and his representative (name or title, place of residence or location, passport data) and must be drawn up in accordance with the requirements of paragraphs 3 and 4 of Article 185.1 of the Civil Code of the Russian Federation or certified by a notary.
(as amended by Federal Law No. 267-FZ dated 03.07.2016)

3. The number of votes possessed by each owner of premises in an apartment building at a general meeting of owners of premises in this building is proportional to his share in the common ownership right to common property in this building.

4. Voting on the agenda of the general meeting of owners of premises in an apartment building may be carried out by means of written decisions of the owners on the issues put to the vote.

4.1. Voting on the agenda items of the general meeting of owners of premises in an apartment building, held in the form of in-person voting, is carried out by means of written decisions of the owners on the issues put to the vote.
(Part 4.1 was introduced by Federal Law No. 176-FZ, dated 29 June 2015)

5. Voting on the agenda of the general meeting of owners of premises in an apartment building, held in the form of absentee voting, is carried out only by means of written decisions of the owners on the issues put to the vote, with the exception of the case provided for in Article 47.1 of this Code.
(as amended by Federal Law No. 263-FZ of July 21, 2014)

5.1. When holding a general meeting by means of in-person, in-person-absentee or absentee voting, the decision of the owner on the issues put to the vote, which is included in the minutes of the general meeting, must indicate:

1) information about the person participating in the voting;
2) information about the document confirming the ownership of the person participating in the voting to the premises in the corresponding apartment building;
3) decisions on each item on the agenda, expressed as "for", "against" or "abstained".
(Part 5.1 was introduced by Federal Law No. 176-FZ, dated 29 June 2015)

6. When voting is carried out by means of written decisions of the owners on the issues put to the vote, votes are counted on the issues on which the owner participating in the vote has left only one of the possible voting options. The decisions made in violation of this requirement are invalidated, and votes on the issues contained in them are not counted. If the decision of the owner on the issues put to the vote contains several issues put to the vote, failure to comply with this requirement with respect to one or several issues does not entail the recognition of the specified decision as invalid in general.

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