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The procedure for issuing protocols of the general meeting of an apartment building. Sample protocol of the general meeting of the owners of an apartment building

Legislation
25.05.2020

Protocol general Assembly The owners are needed to fix the decisions of the residents of an apartment building (hereinafter referred to as the MKD), it is important to take into account that this document must be compiled in accordance with the order. The exact following all points is very important, and will save in the future court proceedings From the parties of the residents of disagreeable with decisions taken on any questions.

All requirements K. this documentAs well as other rules for its design will be considered in our article.

Important! It should be borne in mind that:

  • Each case is unique and individual.
  • Careful study of the issue does not always guarantee a positive outcome of the case. It depends on the set of factors.

To get the most detailed advice on your own question, you just have to do any of the proposed options:

Make a protocol is necessary to address emerging issues in the management process of an apartment building, for which the Chairman of the HOA, or another interested party organizes the general meeting of residents. And makes the following common questions for consideration:

  • the creation or elimination of the partnership of the owners of housing (HOA);
  • adoption of the rules for registration and place of storage of the protocol;
  • approval of the procedure for using the local area (tenants are considering the construction of a playground, parking for cars, about banning for the use of s / y adjacent to the house);
  • amendments to the design of the house, and other issues related to economic buildings (warehouses, extensions, etc.);
  • demolition of buildings related to the building;
  • renting areas related to home for rent for shops, service station, etc.;
  • changing a management company or home management form. You need to carefully treat this issue. Residents at home or state bodies Self-governing, submit to the issue of choosing the Criminal Code. If the owners are not able to determine the form of control, then the house is indulging in any HOA;
  • Questions of distribution of funds entering overhaul. Whether they will come to the settlement accounts of the HOA, or go to the general state.
  • At the meeting of the owners, current issues may be considered and not included in our list, but requiring decisions (for example, what to do with debtors for utilities, who will clean outdoor territory and entrances, etc.).

Initiate the general meeting of owners can be initiated as an active group of owners, or separate tenants decided that this is necessary, the same meeting can organize legal entities, for example, management Company.

Requirements for the Protocol General Assembly of Owners of the MKD

In the legislation of the Russian Federation, some changes have occurred, for example, on December 25, 2015, the order of the Ministry of Construction and Housing and Communal Services of the Russian Federation No. 937 "On Approval of the requirements for issuing the Protocols of General Meetings of Owners of the Rooms in apartment houses and order of transmission of copies of decisions and protocols of general meetings of the owners of premises in apartment buildings in authorized bodies executive power Subjects Russian Federationcarrying out state housing supervision "(hereinafter -" Order "). Registered in the Ministry of Justice of Russia 14.04.2016 N 41802.

When this law Many came into force, they decided that it would simplify the procedure, but in practice it turned out that the detailed execution of the order is almost impossible.

Rules for registration of the protocol of the general meeting of residents of the apartment building

Now we will analyze all the requirements that need to be observed when making the protocol of the General Assembly of the Owners of the Apartment House in 2017.

The execution and fixation of the results of the protocol should be engaged in the secretary, which should choose a separate issue on the agenda. The term of the document is determined at the General Meeting, and should not exceed 10 days, from the moment of its organization.

The Chair is obliged to hold a meeting and provide a word for everyone who wants from the crowd. Also at the meeting should be a counting commission.

The structure of the form of the protocol is fixed on legislative level and has a certain structure including the following items:

  1. Details of the Protocol.
  2. The introductory part.
  3. Main part.
  4. Information about participating in the meeting.
  5. Applications.
  6. Signatures.

Now consider each item of the protocol of the General Assembly of the MKD residents.

Details protocol

Before the introductory part of the document, a title with concomitant content is written. It is important to specify the header as follows:

  1. "Protocol of the General Meeting of Owners of Premises in an apartment building."
  2. Document date. Usually indicate the day of the immediate meeting, or the date of the final decision is essentially considered. It is important that the date set on the document corresponds to the date set on the notification of the meeting transferred to the owners. When the general meeting was stretched for several days, then it should be noted the start and end date.
  3. The index and address of finding an apartment building in respect of which issues are considered.
  4. The type of collection is another or extraordinary.
  5. Voting form (full-time, part-time, correspondence). The form of management should be selected separately for each residential building. It is the owners of the apartments determine which form they need - a partnership of owners of housing (HOA) or the management company (CC).

At the same time, it is important to specify the registration number of the document. Numbering should begin with the beginning, each calendar year (1/2017.2 / 2017.3 / 2017, etc.), and meet the sequences of all meetings during the year. They write about the way "Protocol No. 001 of the General Assembly of Housing Owners ..."

Article 44.1 of the Housing Code of the Russian Federation, determines the following forms of voting at the meeting:

  • Full-time voting (all residents of the apartment building are personally present to solve the issues issued on the agenda);
  • Part-time voting;
  • Correspondence voting.

You can view the final sample cap # 1 in Figure 1.

Meeting of tenants can pass in parallel in full-time and correspondence form. Moreover, such a meeting is issued by a single protocol of an internally correspondence general meeting of the owners of an apartment building. It should be understood that these are not two different meetings, but one event consisting of two stages.

With correspondence form of the meeting, the document is compiled in absentia. Such a meeting is permissible to spend with electronic service Housing and utilities systems or by survey. In most cases, this type of assembly with insufficient quantities (number is established by the Regulations) of participants at an in-person meeting.

An important point that is registered in the order is the place of storage of the document compiled at the General Meeting to address issues of the voting issues. Very often, the storage site of the protocol is the office of the board of the partnership or the Chairman of the HOA in his apartment. This is necessary in order to, if necessary, any interested person with this right could receive all information on general collections upon request.

Introductory part of the protocol

In this section of the protocol, you must specify the following data:

  1. Meeting initiator data. If a legal entity, then its full name and OGRN, for individuals, Passport data (name, address of registration), and a series of property certificate.
  2. FIO of the chairman, secretary and the composition of the Accounts Commission.
  3. List of participants in the event.
  4. The total number of votes of the MKD residents.
  5. Square (general) of all rooms of an apartment building.
  6. The question in question on the agenda.
  7. The presence or absence of a regulatory number of participants and the legislation of the collection.

Basic part of the protocol

In this section of the protocol, it is necessary to describe the agenda and each question in question separately.

Residential issues are submitted for consideration in accordance with the notice of collecting. You can carry out both one question and a few. Each question must be numbered. It is impossible to add "Miscellane" item, and make it for discussion within the framework of various issues. It is impossible to discuss issues not specified in the notice as part of the document. It is also forbidden to formulate issues of different content in one.

In accordance with the rules of filling, the presentation in the main part of the document should go from 3 persons. numbers. The main part includes 3 subsections:

  • Part 1. "Listened" - here indicate the data (FULL NAME) of the person speaking to the audience, its serial number, the essence of the question in accordance with the agenda, a summary of the performance or footnote to the application with the text of the speech;
  • Part 2. "Offered" - a brief essence of the problem of the problem indicated in the question and voting;
  • Part 3.. "Decided" - the final decision of the participants with respect to all issues raised, one can formulate as "for", "against", "abstained." It is important to specify the number and accurate essence of the question in accordance with the agenda, the number of votes at different points. The solution allows you to specify several numbered items.

Information about participating in the meeting

Members of the Assembly (present) are legal entities and individuals with the right to vote at the meeting (they are the owners of the premises in an apartment building).

Invited to the meeting - persons watching the meeting without the right to vote. In most cases, these are lawyers and other specialists.

After the phrase "present" indicates information about all participants who were at the General Meeting. Data that you want to specify the following:

  • For organizations - full name and OGRN, data of property certificates (series and number) confirming possession of the premises. The number of votes owned by the owner, full name (if any) representative legal entity (as in the passport), data of the notarial power of attorney of the representative.
  • For individuals - surname, first name, patronymic of the owner of the premises (apartments), or his representative with proximacy. The apartment number is indicated, the owner of which is Piz. Faces and series and number of the certificate of ownership. Also, like in legal entities, you need to specify the number of votes in the tenant. Signatures specified persons.

Information about the faces that were at the meeting can be issued as a list if their number of more than 15 people. It needs to configure information in accordance with paragraph 12 of the order. The list is not excellent part of the protocol, decorated as an application. In the protocol itself, you need to make a mark "The list is attached, Appendix No. ____", immediately after the instructions of the total number of participants.

Applications

Applications that are mandatory in drawing up the protocol:

  1. In accordance with Part 5 of Art. 45 and part 4 of Art. 47.1 LCD RF, you need to issue a message about the fact of the meeting of the residents of the apartment building.
  2. To draw up a registry where there is data with information about the delivery of the McD to the residents of the McD notifications about the date of events and issues issued on the agenda. It should attend information about the owners, a way to transfer notifications, the date of receipt by the owner or representative.
  3. The overall register of all owners of the MKD premises. Data of physical (FULL NAME) and legal (full name and OGRN) of persons. In this list, the rooms of the premises in their property should be indicated, any owner has many votes, and the data of the document gives the right of ownership.
  4. The registration form of participants actually participating in the voting.
  5. Notarized power of attorney (copies), representatives of the owners participating in the voting. Power of attorney is not necessary to assign in the notary, more in Art. 185. Civil Code RF.
  6. Voting results and decisions.
  7. The name of documents involved on the agenda and on which decisions were made by voting.
  8. Other documents approved by the decision of the General Council of the participants as mandatory.

Each application needs to be numbered.

Signatures

The total number of votes of the owners who have staged a signature on the registration form are determined by the quorum. To eliminate the scam, mistakes, or the usual distrust from individual owners of the premises, it makes sense to every vote present, to issue a newsletter, where the gathered members personally contribute data and put a signature.

With a correspondence form of the meeting, if bulletins were compiled, they must be enabled by one application to the final protocol.

If the procedure passes in the above order, then the need to put signatures at the final protocol disappears.

Signature details include the following:

  • FIO of the chairman;
  • FIO Secretary of the General Assembly;
  • FULL NAMES Counting votes.

All persons specified above need to put the date and signature. If the purpose of the meeting was the election of the Chairman and the Accounts Commission, the signatures and initials initiated the past assembly are postponed in the signatures details.

When the protocol can be invalid

The protocol may be challenged according to claim 6 of article 46 of the LCD RF and is invalid if:

  • the procedure and timing of the alert about the place and time of the event of the event, and on the issues of the agenda;
  • violated the competence of the quorum;
  • informational information is incorrect;
  • it is impossible to properly get acquainted with the necessary information for making a decision by the owner of the premises;
  • certificate of authority of owners is carried out inappropriate;
  • violated the procedure for counting the votes of the owners of premises when voting, including those who own the right to shared property to the room, including the owners of communal apartments;
  • the rules for documenting the decision at the meeting are violated, it is mainly related to bulletins of absentee voting;
  • information about the number of votes belonging to the owner of the room is incorrectly given.

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On March 5, 2019, the order of the Ministry of Pressure of Russia dated January 28, 2019 N 44 / AR, approving new requirements for issuing protocols of general collections of owners, and previously the order of the Ministry of Internal Affairs of the Russian Federation dated December 25, 2015 N 937 / PR has lost its strength.

With the full text of the order N 44 / AF you can read this link [link to the text of the order], and for those who would like to know the differences from the old order in detail, we publish a small review from our friends from Duscanner.

Most instructions remained unchanged, and the bulk of innovations is technical.

1. If the question of the election of the Chairman, the secretary, persons producing the counting of votes is not included on the agenda of the General Assembly, the introduction of the protocol must contain data on these faces. Previously, the composition of this information was not regulated. Now it is necessary to indicate the names, the numbers belonging to them on the right of premises in the house and details of documents confirming such a right.

2. The list of persons participating in the meeting (present) and invited to participate in it is now always a separate application to the protocol. Previously, if the persons present were no more than 15, their list, as well as the list of invited could be indicated in the introductory part of the protocol. Now, paragraph 15 of the requirements enshrines that lists of those present and invited persons are made in the form of an application to the protocol of the General Assembly, while in the protocol of the General Assembly indicates the total number of those present and invited persons with a mark: "The list is attached (Appendix No._ to this Protocol) "

3. Previously, the requirements forbade the formulation of the issues of the Agenda "Miscellane". In the new order of MinStroy RF, this ban is detailed: it is not allowed to include on the agenda of the general meeting of issues with the formulations of "different", "other issues" or other formulations similar to the semantic content.

4. In the sections of the main part of the protocol for each issue of the agenda after the words "decided (decided) ...." Defined decisions. Previously, the decision could contain one or several points, each of which is numbered. Now this situation is not contained.

5. Changes touched and mandatory applications to the protocol.

5.1. The register of owners may not contain the number of votes, but must be in addition to the information about the owners (FIO of the individual, the name and OGRN of a legal entity), their premises, details of documents confirming their ownership of the premises, contain:

Information about the form of ownership regarding each room,

Information about the area of \u200b\u200beach room in an apartment building,

Information about the share of ownership of such premises belonging to each of their owners.

Please note that ownership forms, according to Art. 8 of the Constitution of the Russian Federation, are, first of all, private, state and municipal property.

5.2. Instead of the "meeting of the meeting", it is now required "a copy of the text of the report on the general meeting". Previously, it was considered necessary for the protocol to apply exactly the message that, for example, has already posted in common areas and which someone spoiled, threw. Now the specification on the application is more understandable.

5.3. The registry of a presentation of messages about holding a meeting is replaced by "Documents (Copies of Documents), confirming the direction, presenting a report on the general meeting of owners or its placement in the premises of this house, a certain decision of the General Assembly or in the system in accordance with Part 4 of Article 45, part 2 and 3 of Article 47.1 of the Housing Code of the Russian Federation. "

5.4. As we have already indicated above, the lists of present and invited persons are now necessarily drawn up as an application. The content of information about those present and invited has not changed.

The requirement of the presence of signatures present in these lists, i.e. Attending the collected owners or their representatives. In practice, when conducting meetings in part-time and correspondence forms, this requirement is difficult to be implemented, because Bulletins can be collected in ways to complicate the signing by the voted persons of these lists.

5.5. "Power of Attorney (Copies)" are now replaced with documents certifying the powers of representatives (for example, a birth certificate, the charter of a legal entity, an extract from the EGRUL, etc.). However, now these documents must be attached to the protocol not only in relation to voting, but also invited persons.

5.6. Added new requirements for written decisions (Bulletins) of owners: Intimately the availability of information that can identify the persons who filled in paragraph 13 of the requirements. It is necessarily indicated by the date of filling the bulletins, as well as data on the will of the proposals of the premises and their representatives.

Paragraph 13 of the requirements provides for the indication of the following information:

In relation to individuals - the name of the owner and (or) of his representative, indicated according to the document certifying the identity of the citizen; The room belonging to him on the right of the property and details of a document confirming this right; the number of votes that possess this person; The name and details of the document certifying the authority of the representative of the owner (if necessary); Signature of the owner of the room in an apartment building or his representative;

For legal entities - the full name and OGRN of a legal entity in accordance with its constituent documents; The number belonging to him on the ownership of the premises and details of a document confirming the right of ownership; Number of votes; FIO of the representative of the owner; Name and details of a document certifying the powers of the representative; Signature of the representative.

If earlier most of these information and so indicated in the bulletin, the number of votes was not always indicated.

5.7. Previously, other documents or materials could be attached to the protocol, which will be determined as a mandatory application to the General Meeting Protocol decision at the General Meeting Adopted in installed manner. Such decisions were rarely accepted. Now another documents may be attached to the general meeting protocol in the event that the meaningful part of the general meeting protocol contains instructions on them.

An important innovation: responsible for the preparation of decisions (bulletins) of the owners is now the initiator of the General Assembly.

6. Requirements for the technical side of the execution of the Protocol are added: Pages of the Protocol of the General Assembly and each Annex to it should be numbered and sewn by the Secretary of the General Assembly, the last page of the Protocol must be signed by the person who presides at the General Meeting.

7. The case is specified when the protocol is signed not only by the Chairman, the secretary, persons producing the counting of votes, but also by other owners of the premises. We are talking about making a decision on the establishment of the HOA: by virtue of Part 1.1 of Article 136 of the Housing Code of the Russian Federation, the Protocol of the General Assembly, which made decisions on the establishment of the partnership of housing owners and on the approval of its Charter, is signed by all owners who have voted for the adoption of such decisions,

In the order, the Ministry of Establishment This Regulation is mentioned twice: first, it is somewhat incorrectly indicated on the need to sign the protocol "by all the owners of the premises", and the second time the indication already corresponds to Part 1.1 of Art. 136 Housing Code of the Russian Federation: The Protocol is signed by "all the owners of the premises in an apartment building who voted for making decisions on the creation of HOA and approval of its charter."

In addition to changes in the procedure for registration of the protocol, the procedure for the direction of the original decisions and protocols of the OSS to the authorized executive authorities of the subjects of the Russian Federation, carrying out state housing supervision, was approved.

For more than a year, there is a new edition of Art. 46 of the Housing Code of the Russian Federation, providing for the direction of originals, and not copies (as before) protocols and decisions in housing inspections. According to these changes, the instructions of the Ministry of Internal Affairs of the Russian Federation, which previously concerned the order of the direction of copies of documents were updated. The order has practically remained the same.

No later than 10 calendar days from the moment of the meeting, the initiator of the meeting should send the original decisions and protocols of the meeting in the management company, and then the management company reports these documents to the housing inspection within 5 working days.

It is supplemented that if scan images of solutions, protocols were placed in GIS Housing and Hospital to the date of the decisions directions, protocols in the GGG, the date of the direction of the Solutions, the protocols are the date of placement of their scan images in the system.

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In accordance with Parts 1, I 1 of Article 46 of the Housing Code of the Russian Federation (Meeting of the Legislation of the Russian Federation, 2005, No. 1, Art. 14; Official Internet portal legal information Order:

1. To approve:

(a) Requirements for the issuance of protocols of general meetings of the owners of premises in apartment buildings in accordance with Appendix No. 1 to this order;

b) the order of the direction of the original decisions and protocols of the general meetings of the owners of premises in apartment buildings to the authorized executive authorities of the constituent entities of the Russian Federation, carrying out public housing supervision, according to Appendix No. 2 to this order.

2. To know the order of the Ministry of Construction and Housing and Communal Services of the Russian Federation of December 25, 2015 No. 937 / PR "On approval of the requirements for issuing the Protocols of General Meetings of Owners of Rooms in apartment buildings and the procedure for transferring copies of decisions and protocols of general meetings of the owners of the premises In apartment buildings in the authorized executive authorities of the constituent entities of the Russian Federation, carrying out the state housing, thenadzor (registered by the Ministry of Justice of the Russian Federation on April 14, 2016, Registration No. 41802).

The control is entrusted to the Deputy Minister of Construction and Housing and Communal Services of the Russian Federation M.B. Egorova.





Appendix No. 1 to order 44PR of 01/28/2019

Requirements for issuing protocols of general meetings of the owners of premises in apartment buildings

  • General provisions

1. Indeed requirements establish the procedure for issuing protocols of general meetings of the owners of premises in apartment buildings (hereinafter referred to as the protocol of the General Assembly, the General Meeting).

2. Protocol of the General Assembly is written in the deadlines established by the General Assembly, but no later than ten calendar days from the date of the General Assembly.

3. Protocol of the General Assembly is issued by the secretary of the General Assembly, which is elected by the decision of the General Assembly.

4. Protocol of the General Assembly must contain the following information:

a) the name of the document;

b) the date and number of the protocol of the General Assembly;

c) date and venue of the general meeting;

d) title to the meaningful part of the protocol of the General Assembly;

(e) Information about the place (address) of the storage of general meetings and decisions of the owners of premises in an apartment building on issues posed on the vote.

In the event that the meaningful part of the General Meeting Protocol contains an indication of applications, the documents listed in it are attached to the General Assembly protocol.

The protocol of the General Assembly is signed by the person who presides at the General Meeting, the Secretary of the General Assembly, as well as persons who made the counting of votes. In the case provided for in paragraph 23 of these requirements, the Protocol of the General Assembly is also signed by the initiator of the General Meeting. In the case provided for by part 1.1 of Article 136 of the Housing Code of the Russian Federation, the General Meeting Protocol must be signed by all the owners of the premises in an apartment building.

Requirements for issuing details of the Protocol of the General Assembly

5. The document should contain the words "protocol of the general meeting of the owners of the premises in an apartment building."

6. Data protocol of the General Assembly is the date of summing up the total

in an apartment building).

7. The protocol of the General Assembly must comply with the sequence number of the General Meeting during the calendar year.

8. In the quality of the meeting of the General Assembly, the address should be indicated in which the general meeting was held in full-time or the address in which the decisions were collected in writing (bulletins) of the owners of the premises in an apartment building in case of a general meeting in part-time and correspondence form. In the case of the use of the state information system of housing and communal services provided Federal law July 21, 2014 No. 209-FZ "On State information system housing and communal services "(meeting of the legislation of the Russian Federation, 2014, No. 30, Art. 4210; 2018, No. 1, Art. 69) (hereinafter - the system), when conducting a general meeting, the address of an apartment building is indicated as a venue of the General Assembly,

9. In the case of the date of the General Assembly in the event that it lasted several days, the start date and the end date of the General Assembly. The place and date of the General Assembly specified in the Protocol must comply with the address and date specified in the Message of the General Assembly, aimed at the owners of the premises in an apartment building in accordance with Part 4 of Article 45, part 2 and 3 of Article 47 1 of the Housing Code of the Russian Federation and corresponding to the requirements of part 5 of article 45 or part 4 of Article 47 1 of the Housing Code of the Russian Federation (hereinafter referred to as a report on the general meeting).

10. The heading to the substantive part of the protocol of the General Assembly should contain information about the address of the apartment building, the form of a general meeting (annual, extraordinary) and the form of its holding (full-time, correspondence, part-time voting).

12. The introductory part of the substantive part of the General Meeting protocol should include data:

a) On the initiator of the General Assembly: For legal entities, the full name and the main state registration number (hereinafter referred to as OGRN) of a legal entity in accordance with its constituent documents and identifying information (State registration number

about state registration A legal entity, the identification number "Taxpayer); For individuals, it is fully named after the name, name, patronymic (last - if available) in accordance with the identity document of the citizen, the room belonging to him on the ownership of the premises in an apartment building (if available) and details a document confirming his ownership of the specified premises;

b) the person who presided over the General Meeting, the secretary of the General Assembly, persons who held the votes of the owners of the premises in an apartment building: the name of the name, name, patronymic (last - if available) in accordance with the identity of the citizen, the number belonging to him on The right of office of the premises in an apartment building (if available) and details of the document confirming his ownership of the specified premises (except in the case when the question of the election of these persons is included on the agenda of the General Assembly);

c) a list of persons who participated in the General Meeting (hereinafter - present persons) and invited to participate in it (hereinafter - invited persons): the information provided for in paragraphs 13-15 of these requirements is indicated;

(e) On the total area of \u200b\u200bresidential and non-residential premises in an apartment building;

g) about the agenda of the General Assembly;

* h) about eligibility (presence or absence of quorum) of the General Assembly.

13. The words of the present persons should begin with the words "persons" and include the following information:

a) in relation to individuals - surname, name, patronymic (last - if there is a) owner of the premises in an apartment building and (or) of his representative (in the case of the participation of the latter in the General Meeting), indicated in accordance with the person certifying the identity of the citizen; The room belonging to him on the right of the property in an apartment building (if available) and details of a document confirming his ownership of the specified premises; the number of votes with which the person possesses; The name and details of the document certifying the powers of the representative of the owner of the premises in an apartment building (in case of its participation in the General Meeting); Signature of the owner of the room in an apartment building or his representative;

b) for legal entities - the full name and OGRN of a legal entity in accordance with its constituent documents; The room belonging to him on the right of the property in an apartment building (if available) and details of a document confirming his ownership of the specified premises; the number of votes with which the person possesses; Surname, name, patronymic (last - if there is a representative of the owner of the premises in an apartment building; Name and details of a document certifying the authority of the representative of the owner of the premises in an apartment building; Signature of the representative of the owner of the premises in an apartment building.

14. The invited Leed should begin with the words "invited persons" and include the following information:

a) for individuals - surname, name, patronymic (last - if there is a person) or his representative (in the case of the participation of the latter in the General Assembly), indicated in accordance with the document certifying the personality of a citizen; the name and details of the document certifying the authority of the representative of the invitation person (if he participated in the General Meeting); The purpose of participation in the general meeting of the invited person or his representative (in the event of the participation of the latter in the General Meeting) and its signature;

b) for legal entities - the full name and OGRN of a legal entity in accordance with its constituent documents; surname, first name, patronymic (last - if there is) a representative of the invited person; The name and details of the document certifying the authority of the representative of the invitation person; The purpose of the participation of the invited person * in the General Meeting and the signature of his representative.

15.Spaces of those present and invited persons are made in the form

annexes to the protocol of the General Assembly, while in the protocol of the General Assembly, the total number of those present and invited persons is indicated and a mark is made: "The list is attached (Appendix No. ______________________________ to this Protocol)."

16. The main part of the substantive part of the General Assembly protocol consists of separate sections, each of which contains a separate agenda issue. At the same time, on the agenda of the General Assembly, the question or issues that are subject to consideration at the General Meeting in accordance with the notice of the General Assembly are indicated. If there are several questions, they are numbered and are arranged in the order of discussion.

17. The formulation of the issues of the General Assembly Agenda must reflect the essence of the issues discussed at the General Meeting and exclude them ambiguous interpretation. In the event that the formulation of the issue of the General Assembly Agenda is established by the legislation of the Russian Federation, the corresponding formulation is indicated in the protocol of the General Assembly. It is not allowed to include on the agenda of the general meeting of issues with the formulations "Miscellaneous", "other issues" or other similar in the semantic content of the wording, as well as the association in one formulation of different issues in the semantic content. In case the issue of the General Meeting agenda concerns the consideration by the general meeting of any document and decisions regarding it, the formulation of such a question should contain the full name and details of this document.

18.All structural units of the main part of the substantive part of the protocol of the General Assembly should be made from the third person of the plural ("listened", "performed", "decided", "decided").

19. The set of each structural unit of the main * part of the substantive part of the General Meeting protocol should consist of three parts:

a) Part 1 - "listened", which indicates the last name, name, patronymic ■ (last - if there is a speaker, the number and wording of the issue in accordance with the general meeting agenda, a summary of the performance or reference to the document attached to the protocol containing the text of the speech. The number and formulation of the issue of the general meeting of the General Meeting is indicated before the word "listened";

b) Part 2 - "proposed", which indicates the summary of the proposed decision on the issue under consideration, in respect of which voting will be conducted. At the same time, the proposed decision must comply with the essence of the issue of the Agenda of the General Assembly, and its formulation should exclude the possibility of ambiguous interpretation of the proposed decision;

c) Part 3 - "decided (decided)", which indicates the decisions made by the General Meeting on the considered issue of the General Assembly, expressed by the wording "for", "against" or "abstained", indicating the number and wording of the issue in accordance with The agenda of the General Assembly, the number of votes given to the specified voting options.

20, binding applications to the protocol of the General Assembly are:

a) the register of the owners of the premises in an apartment building, containing information about the owners of all rooms in an apartment building, indicating the name, name, patronymic (last - if any) owners - individuals, full name and OGRN owners - legal entities, numbers belonging to them on the right of office of premises in an apartment building (if available), details of documents confirming their ownership of the specified premises, information about the ownership form regarding each of the specified premises, information about the area of \u200b\u200beach room in an apartment building and the share of ownership of such premises belonging to each of their owners;

b) a copy of the text of the meeting of the General Meeting;

c) documents (copies of documents) confirming the direction, presenting reporting on the general, meeting of the owners of the premises in an apartment building or its placement in the premises of this house, a certain decision of the General Meeting and accessible to all owners of the premises in this house, or in the system in accordance with part 4 of article 45, part 2 and 3 of Article 47 1 of the Housing Code of the Russian Federation;

d) lists of those present and invited persons;

e) documents (their copies) certifying the powers of representatives of those present and invited persons;

(e) Documents considered by the General Meeting in accordance with the Agenda of the General Assembly;

g) written decisions (bulletins) of the owners of the premises and their representatives who participated in the general meeting held, which should contain information that allow identifying persons who filled them (for individuals - information provided for by sub-clause "a" of clause 13 of these requirements for legal Persons - information provided for by subparagraph "b" of paragraph 13 of these requirements), the date of their completion, as well as information on the will of the owners of the premises and their representatives.

Responsible for the preparation of decisions (bulletins) of the owners of the premises in an apartment building is the initiator of the General Assembly.

The protocol of the General Assembly can be attached to other documents in the event of an indication of them in the substantive part of the protocol of the General Assembly.

21.All applications to the protocol of the General Assembly must be numbered. The application number, as well as the indication that the document is an application to the protocol of the General Assembly, are indicated on the first sheet of the document. Applications are an integral part of the protocol of the General Assembly.

The Pages of the Protocol of the General Assembly and each Annex to it should be numbered and sewn by the Secretary of the General Assembly, the last page of the Protocol must be signed by the person who presides at the General Meeting.

22. Required signatures of the General Assembly Protocol include information about the name and initials of the person who has stood the signature, the signature and the date of its station.

23.In the case, if the question of the election of a person who presiding the general meeting, as well as the counting of votes, is included on the agenda of the General Meeting, and decided to reject the proposed candidates, the Protocol of the General Meeting is signed by the initiator of the General Meeting.

In the case provided for by part 1.1 of Article 136 of the Housing Code of the Russian Federation, the Protocol of the General Assembly, which made decisions on the establishment of the partnership of housing owners and on the approval of its Charter, signs by all the owners of the premises in an apartment building, who voted for the adoption of such decisions, while the details of signatures Persons chairing the General Meeting, Secretary of the General Assembly, as well as persons who count the votes or signatures of the initiator of the General Meeting in the case provided for by clause 23 of these requirements should include the information provided for by clause 22 of these requirements, as well as the status mark Such persons ("chaired the general meeting of the owners of the premises in an apartment building", "Secretary of the General Assembly of the Owners of the Rooms, in an apartment building", "conducted a counting of votes", "The initiator of the general meeting of the owners of the premises in an apartment building").

Appendix No. 2 to order 44PR of 01/28/2019

directions of original decisions and protocols of general meetings
owners of premises in apartment buildings in authorized
executive authorities of the constituent entities of the Russian Federation,
exercising state housing supervision

1. Indeed procedure establishes the rules for the direction of the original decisions (ballots) of the owners of the premises in apartment buildings (hereinafter - decisions) and the protocols of the general meetings of the owners of premises in apartment buildings (hereinafter - Protocols) to the authorized executive authorities of the constituent entities of the Russian Federation, carrying out state housing supervision ( Further - the body of the state housing supervision).

2. Control organization, Board of homeowners,

housing or housing and construction cooperative, other specialized consumer cooperatives are obliged to send the original decisions and protocols submitted to them in accordance with Part 1 of Article 46 of the Housing Code. The Russian Federation by a person initiated the general meeting of the owners of premises in an apartment building (hereinafter - the General Meeting), to the authority of the State Housing Supervision of the subject of the Russian Federation, on. The territory of which is a multi-apartment building, the owners of the premises in which held a general meeting.

3. Operation of the original decisions, the Protocols are carried out within five working days from the date of receipt by the management organization, the Board of the Association of Housing owners, the housing go of a housing and construction cooperative, other specialized consumer cooperative on behalf of the general meeting, schanists of these documents.

4. Solutions and protocols are subject to the obligatory direction, initiated by the General Meeting, to the Management Organization, the Board of the Association of Housing owners, housing or housing cooperative, other specialized consumer cooperative, and with the direct method of managing an apartment building - in the state housing supervision authority Later than ten calendar days from the date of the General Meeting, and in the event that it lasted for several days, no later than ten calendar days from the date of the end of the General Assembly.

In case of adoption by a general meeting of the decision on the issue specified in paragraph 4.4 of Part 2 of Article 44 of the Housing Code of the Russian Federation, the original decisions and the protocol are subject to the direction by the person initiated the general meeting, to the State Housing Supervision Authority of the Directory of the Russian Federation, in which the apartment building is located, The owners of the premises in which held a general meeting, in the period specified in the paragraph of this paragraph, with a one-time referral of a copy of these decisions and the Protocol to the Management Organization, the Board of Housing Association, Housing or Housing Cooperative, other specialized consumer cooperative, as well as resource-supplying organization, regional operator for solid conversion communal wastewith which the owners of the premises "in an apartment building operating on their own behalf will be in accordance with the general meeting of the decision concluded agreements containing provision provisions communal services. (

5. Operation of the original decisions, the protocols should be carried out in methods that allow you to confirm the fact and the date of their receipt by the authority of the state housing supervision, as well as by placing in open access in the state information system of housing and communal services provided for by the Federal Law of July 21, 2014 No. 209 -FZ "On the State Information System of Housing and Communal Services" (Meeting of the legislation of the Russian Federation, 201 * 4, No. 30, Art. 4210; 2018, No. 53, Art. 8484) (hereinafter - the system) Scan-image solutions, protocols are not Later than five working days from the date of the direction of the original decisions, protocols in the state housing supervision body.

In the event that scan images of solutions, protocols were placed in the system to the date of the direction of decisions, the protocols in the state housing supervision body, the date of the directions of the decisions, the protocols are considered the date of placement of their scan images in the system.

Employees of Duscorener will help you:
- Prepare a complete package of documents (including the minutes) of the general meeting of owners with a guarantee of reception of documents by housing inspection.
- to actualize the register of owners based on FGIS EGRN Rosreestra.
- Make name forms for each inhabitant.
Our experience more than 5 years and several thousand successful assembly even in the most conflict homes.

From March 5, 2019, order No. 937 / PR becomes invalid

At the same time, if the meeting decided to create a home owner partnership, the Protocol must sign all the owners of the premises in an apartment building, who voted for the adoption of such a decision (part 1.1 of Art. 136 LCD RF). Information about the signatories should include information: the surname, initials, signature and the date of its station (paragraph 22 of Appendix 1 No. 44 / PR).

Requirements for the design of the propuls of the OSS protocol

The protocol of the meeting necessarily attached bulletins / decisions of owners in writing Regardless of the form of the meeting. At the same time, such documents should contain the dates of filling the bulletin and information that allow you to identify someone who filled it, in accordance with paragraphs. "A", "B" p. 13 adj. 1 No. 44 / pr.

There are new requirements for applications. If, according to No. 937 / PR, there were enough to numb them, then in paragraph 21 of the ad. 1 No. 44 / PR is written that the page of the protocol and applications must be sewn and numbered. On the last page of this kit should be the signature of the Chairman of the OSS or the Initiator of the Assembly, if the chairman was not elected.

Originals and protocols of the General Assembly of Owners are sent to the GSN authority

The main change, which was made by order No. 44 / PR, in order to provide the GLC of the General Assembly of Owners to the GGN authority, is to replace the entire text of the application 2 of the words "Copies" to "original" in accordance with the requirement of Part 1.1 of Art. 46 LCD RF.

Separately, in a new order, the Ministry of Pressure of the Russian Federation describes the situation with the owners of the meeting on the conclusion of direct contracts with suppliers municipal resources In accordance with paragraph 4.4 h. 2 Art. 44 LCD RF. In this case, the OSS initiator is required no later than 10 calendar days from the date of the meeting at the same time to direct:

  • scripts of solutions and protocol of the OSS to the GSH body;
  • copies of these documents - in the UO, board TSZH or the LCD, in the RSO or the regional operator in turning to the TKO, with which the owners are going to conclude a direct contract for the provision of utilities.

You can send the original documents to the Supervisory Office in any way that allows you to confirm the fact and date of their receipt, as well as no later than 5 working days from the date of the direction of the original to the GSN authority to place scan images of solutions and the OSS Protocol in GIS Housing and Communist Party. If the organizing of the Goszhilnadzor received the original later than their scan images were placed in the system, then the date of placement, according to paragraph 5 of the Appendix. 2 No. 44 / PR, the date of unloading documents in GIS Housing and Public Up LCD will be considered.

What should be taken into account when issuing the OSS protocol according to No. 44 / PR

In the main part of the requirements for the preparation of protocols of the General Assembly of Owners, introduced No. 44 / AR, correspond to the former, which from April 2016 was regulated on No. 937 / PR.

The new order of the Ministry of Construction of the Russian Federation introduced clarifications and additions to the composition of information that must contain the OSS protocol:

  • The protocol of the Assembly, which made a decision on the creation of the HOA, should be signed not only by the Chair, the secretary and members of the Accident Commission, but also all the owners of the premises in the MCD, which took such a decision on the OSS.
  • The introductory part of the protocol shall indicate detailed information about the Chair, the Secretary and Members of the Accident Commission.
  • The register of owners, which is a mandatory application to the protocol, it is necessary to include data on the area of \u200b\u200beach room in the house, the share of ownership of them, about the form of ownership with respect to each residential and non-residential premises in the MKD.
  • Ballots should contain information that allow you to identify a person who has fill in the document.
  • The protocol and applications must be sewn and numbered.

The requirements for the procedure for directions to the GZHN authority decisions and the OSS protocol introduced the duty of the initiators to transfer to the supervisory department not a copy, but the original documents. Place scan images of documents in GIS Housing and communal services is necessary within five working days from the date of the direction of decisions and the protocol in the GJ body.

At the same time, the initiator of the meeting on the transition of owners to direct contracts with the RSO should be directed independently at one time to send the scripts to the GGG and the copies - to the UO / HOA, RSO or the regulator on handling TKO.

NP "Housing and Okrug Control" reports that since March 5, new requirements for the design of the protocol of the general meeting of the owners of premises in an apartment building entered into force.

Anti-corruption examination of the Prosecutor General's Office established a corruption factor in the difference of documentation, depending on the form of a meeting of the owners of an apartment building. So when conducting an internship and absentee voting to the protocol of the meeting was necessarily attached to the decision of the owners. Collegiates of the collection in the form of full-time voting, reflected only in the protocol.

To eliminate "Breach" and secure the owners of MinStroy Russia approved new edition "Requirements for the issues of the general meetings of the owners of premises in apartment buildings." In accordance with them to all the protocols of the general meetings of the owners of premises, regardless of the form of a general meeting, should be joined by the decisions signed by the owners.

The document contains an extensive list of amendments and clarifications. Let us dwell on the principle:

- Centered terms: calendar or workers. Previously, it was just an indication of the number of days;

- The term "Bulletin" appeared;

- Regarding the chairman and secretary of the meeting, you must now indicate the number of their apartments and the details of the document on the right of ownership;

- all those present, including those invited, are now drawn up by a list that is defined to the protocol;

- Now in decision (bulletin) it is necessary to indicate the property form (individual / joint / share) of each voting, as well as the area belonging to them. Previously, there was a "number of votes", which gave rise to a lot of disputes;

- Instead of notification of owners of the meeting or placement in a place where owners were solved, the formulation of the "Documents" of the presentation or placement in places determined by the owners is now introduced. In fact, the norm remained the same, but its formulation is now much easier to understand. And under documents, you can understand the shipment in the form of an email, etc.;

- Even very important refinement in a new order: now it is clearly spelled out that the newsletter must contain the date of its fill. Previously, such a rule was not, because of what the uncertainties and claims arose;

- Installed requirements to flash the protocol with all applications;

- Another important clarification: if the Chairman of the Assembly is not elected (the candidacy is rejected), the protocol signs the initiator.

Protocol Compiled by the Secretary of the Assembly in the deadlines established by the Assembly, but no later than 10 days after it.

The statement of the formulation "Miscellane" on the agenda of the Assembly is specified. It is now forbidden to include questions with the formulation of "Miscellaneous", "Other", "Other" or other similar in meaning.

Mandatory details of the protocol - the name of the document; Date and registration number of the Protocol; date and place of the meeting; Title to the content part; meaningful part; place (address) of storage of protocols of meetings and solutions of owners on issues posed on the vote; applications to the protocol (in case of indicating them in a substantive part); signature.

Mandatory applications to the protocol - Register of owners, a meeting of the meeting, the register of presentation of communications reports, a list of those present owners, documents for which decisions and others were made.

Register of owners It may not contain the number of votes, but it is necessary to indicate information about the owners (FULL NAME, the name and OGRN of a legal entity), the rooms belonging to them the premises, details of documents confirming the ownership of these premises, information about the area of \u200b\u200beach room in the house and about share in the right of ownership belonging to each owner.

The same order approved The procedure for transferring solutions and protocols of assembly to regional GGG. For the transfer answers managing organization, Board of HOA, housing or housing and building cooperative, other specialized needs. If you used to transfer copies of documents, now only original scripts. This must be done within 5 days from the date of receipt by them from the initiator of the meeting. Before sending the protocol, it is necessary to numbered, sew and assure the signature of the Chairman of the Assembly.

In parallel, scan samples of solutions and the OSS protocol should be accommodated in the GIS Housing LCD system. If the organizing of the Goszhilnadzor receives the original later than copies will be placed in the system, the date of the placement will be considered the date of loading.

Recall - the protocol of the assembly of the owners of the apartment building is an official document, and its counterfeit is prosecuted by law.