The governing body in the MKD is the meeting of all apartment owners. It makes key decisions regarding the common property of an apartment building.
Any owner of the premises in the MKD can initiate a meeting. This situation is enshrined in paragraph 2 of Art. 45 LCD RF . As a rule, an initiative group is created from among the owners. Its members form the agenda and deal with organizational issues.
Let us further consider the procedure for holding a general meeting of owners of premises in an apartment building .
First meeting
Based on the provisions of Article 45 LCD RF , all meetings, with the exception of the final annual, are considered extraordinary. Before convening the meeting, a preliminary meeting of the initiative group is held. It may include only owners of the premises of the MKD.
At the first meeting of the group, the agenda of the general meeting of owners of the apartment building , the day and address of the meeting are determined. It should be organized in person. In other words, all owners must participate in it.
Based on the results of the initiative group meeting, a protocol is drawn up. It expresses the intention to hold a general meeting of owners of premises in an apartment building , its form, date, venue is indicated. The protocol also provides a list of issues to be discussed and other important points.
Important points
Decisions of the general meeting of owners of an apartment building can be taken only on those issues that are reflected in the agenda. The meeting is not entitled to discuss other problems or change the list of issues. The relevant provisions are contained in article 46 of the LCD.
Given this, when developing the agenda of the meeting, it is necessary to most accurately formulate the issues proposed for discussion.
Before holding a general meeting of the owners of an apartment building, it is necessary to obtain information about the residents and the areas they occupy. The initiative group may request this information from the management company.
Notification
To ensure a quorum, it is necessary to send a notice to each tenant about the upcoming meeting. The notification should indicate:
- Information about the persons who initiated the procedure.
- The form of the meeting.
- The place, time, date or day on which the decisions of the owners of the premises on the issues put to the vote are completed, the address to which they must be transmitted (if the meeting is organized in absentia).
- Rules for familiarization with the materials (information) that are supposed to be presented at the meeting, or the address at which they can be found.
- The agenda.
Notification Method
The initiative group must inform the upcoming general meeting of the owners of the apartment building 10 days before the day of the meeting. You can notify residents:
- Registered letters. This method is considered the most effective.
- Handing notifications to each tenant under the signature.
- By placing an ad in the entrance (entrances).
Together with the notice, it is advisable to send residents information letters in which there will be explanations on the merits of the issues that are put to the vote. Such a letter can also be placed on the bulletin board.
Full-time meeting
On the appointed day, the initiators meet the tenants in the appointed place. Residents have the right to send their representatives to the meeting. In this case, the powers of the latter must be confirmed by a power of attorney.
Information about the tenants present is entered on the registration sheets.
It must be said that the meeting can be recognized as competent if the owners of the premises, together holding more than half the votes of the total number, came to it. The number of votes that the owner may possess is calculated in proportion to the share in the right to the common property of the apartment building .
If for some reason it was not possible to get a quorum, a protocol is drawn up about this. It is signed by an initiative group.
Key Procedures
At the first general meeting, the owners of an apartment building must choose a chairman, a secretary, and form a commission for counting votes. The secretary is responsible for keeping the minutes. When creating a commission, the number of its members is approved first, and then the specific persons included in it.
Voting should be conducted on each issue separately. Participants in the meeting must choose one of three options: for, against, or abstained.
Acquaintance with the adopted decisions
The results of the discussion of issues (voting) are communicated to all residents by the entity that initiated the meeting (initiative group) within 10 days from the date they were received.
At the same time, the owners themselves must decide at what address and in what way the familiarization with the decisions will take place. Of course, this should be carried out on the territory of an apartment building . All apartment owners should have free access to such a place.
As a rule, a copy of the minutes of the general meeting is posted on the notice board . The owners of the apartment building premises , however, may decide that familiarization with the voting results will be in the form of a notice sent to each tenant.
Document storage
Regardless of the form in which the meeting of the owners of the premises was held, documents ( minutes of the general meeting of the owners of the apartment building, etc.) must be stored in a place designated by the residents. This rule is established by 46 articles of the LCD.
Absentee voting
It is held if the general meeting of the owners of the apartment building has not gained a quorum.
The same issues are submitted for consideration by residents, only the form of decision-making on them changes. To implement the procedure, a meeting of the members of the initiative group is held. It discusses the question of the form for notifying residents, the procedure for the delivery of forms with questions for voting. Based on the results of the meeting, a protocol is also drawn up.
As in the case of in-person voting, notification of owners is carried out 10 days before the date of the start of decision-making. In absentia discussions, it is advisable to send a notice to each tenant. A questionnaire should be attached to it.
Decision form
The following data must be present on the voting form:
- Name of the subject participating in the voting.
- Details of the document (certificate) certifying the ownership of the housing in MKD.
Forms should also contain fields opposite each question with options for, against, or abstained.
Reception and processing of forms
Decisions of owners on the issues raised are taken at the address indicated in the minutes of the meeting of members of the initiative group. It is advisable to duplicate the place of admission in each form. In addition, the target dates should be indicated.
Processing of the received forms is carried out by the counting commission. At the end of the procedure, the voting results are made public.
Features design decisions
Forms will have legal significance, in which for each question only one answer option is presented from those presented. Decisions drawn up with violations are considered invalid.
If the form contains several questions, failure to comply with the established requirements for some of them will not entail the recognition of the invalidity of the remaining decisions.
Voting results are drawn up in a protocol. Attached are all forms filled out appropriately.
The publication of the results is carried out according to the same rules that are provided for in-person voting. The message can be placed on the notice board or sent to each tenant in the form of a letter. The notice period is also 10 days from the date of the final vote count.
Minstroy issued Methodological recommendations on the application of the provisions of the LCD. They contain several applications that provide sample standard forms of forms with questions, protocols and other documents drawn up during the meetings. They can be taken as a basis, supplemented, changed in accordance with the needs of residents of a particular apartment building.
What can owners discuss?
On the agenda of the meeting, issues relating exclusively to MKD may be submitted. In particular, can be discussed:
- Reconstruction of the structure (including those related to the superstructure or expansion), construction of household buildings and other structures, buildings, repair work in an apartment building , rules for using the overhaul fund.
- The choice of how to create a capital repair fund, the amount of the contribution in terms of its excess over the established minimum standards. The latter is discussed if the relevant indicators are set by regional legislation.
- Selection of a specific person responsible for opening a special account and performing settlement operations with funds on it.
- Issues of obtaining a loan / credit for a major overhaul by a partnership of owners or a housing cooperative (HBC) or another specialized consumer cooperative, managing organization, authorized person (if the management is carried out exclusively by the owners of the living space). At the same time, the general meeting may determine the essential conditions of the loan agreement, the need for suretyship, and obtaining guarantees by the indicated responsible entities. The owners are discussing the rules for repaying the loan at the expense of the overhaul fund, payment of interest and expenses for obtaining guarantees and sureties.
- Limits of use of the adjacent territory of an apartment building. The owners of the premises can set restrictions for unauthorized persons (within the framework of the law). In addition, the general meeting has the right to discuss issues related to the improvement of the adjoining territory of an apartment building, sources of funds for the relevant work.
- Limits of use of common property by unauthorized persons. In particular, the general meeting has the right to discuss the conditions for providing elements of an apartment building for placing advertising structures, concluding agreements with companies that carry out their installation and operation.
- Appointment of persons responsible for concluding agreements with third parties on the use of MKD property, including the installation and operation of advertising structures on the conditions established by the owners of apartments in the house.
- Issues of using information or other, including automated systems for organizing and conducting absentee voting, appointing persons responsible for it.
- The choice of the method for receiving by the authorized person (the administrator of the meeting) messages on the organization and holding of owners' meetings, decisions taken by the apartment owners on the issues raised in the voting forms, the length of time for making certain decisions during absentee voting.
- The control method of MCD. Owners have the right to entrust the management of the HOA, the management company, or to carry out it independently.
- Questions regarding the ongoing repair of the structure, utilities, other elements of an apartment building.
- Other issues related to ensuring the normal functioning of the MKD, referred by the LCD to the competence of the management body.
To approve decisions under paragraphs 1–7, at least 2/3 of the total number of residents participating in the meeting is required. On other issues, a majority vote is sufficient.
The meaning of meetings
Despite the fact that in most cases the management of multi-apartment buildings is entrusted to a housing cooperative or management company, a joint discussion of the problems associated with the functioning of the MKD does not lose its relevance.
The owners of the premises solve many problems: from roof repairs to the construction of household buildings. Residents can set the amount of the overhaul fee themselves. It should not be less than the regional standard (if it is established), but may be more than it.
Particularly relevant issues regarding the use of the territory adjacent to the house. There are often disputes between neighbors over car parking and dog walking. It is advisable to resolve all these issues once at a general meeting than to constantly enter into conflicts.
Owners can jointly, consistently distribute among themselves the responsibilities associated with maintaining cleanliness in porches and stairwells. Often conflicts arise between smokers and non-smokers. At the meeting, residents can determine the ventilated area for smokers, establish rules for placing strollers, bicycles and other items that are often used in common areas.
Finally
Recently, people have become more active in resolving issues related to the house in which they live. An in-person meeting, however, is more difficult than an absentee vote. As a rule, retirees are regular participants, since they are not burdened with work, they have more free time.
However, general meetings are necessary. They allow residents to keep abreast of developments. The main thing is to form an initiative group of energetic, active people. Well, if the lawyer will be a part. He will be able to become a representative of tenants in various instances, including judicial ones. This is of particular importance in the implementation of decisions related to cash. To open an account on which the accumulations of tenants will be stored, to conclude contracts on behalf of all owners with a banking organization, to carry out payment transactions should be a person who deserves trust.
Usually in each entrance there is an active tenant, ready to defend the interests of all owners. It is possible to form an initiative group just from such people: one from each entrance (if there are several of them). If there is only one entrance, then one or two active citizens is enough. Many homes are managed exclusively by residents. This significantly saves the owners, since no third-party organization needs to pay for it.