Oss protocol. Updated requirements for registration of minutes of general meetings of owners. Procedure for registration of minutes of general meeting of owners

On the approval of the Requirements for the registration of minutes of general meetings of owners of premises in apartment buildings and the Procedure for sending originals of decisions and minutes of general meetings of owners of premises in apartment buildings to authorized ...

MINISTRY OF CONSTRUCTION AND HOUSING AND UTILITIES OF THE RUSSIAN FEDERATION

On the approval of the Requirements for the execution of protocols general meetings owners of premises in apartment buildings and the Procedure for sending originals of decisions and minutes of general meetings of owners of premises in apartment buildings to authorized bodies executive power subjects of the Russian Federation exercising state housing supervision

In accordance with parts 1, 1_1 of article 46 of the Housing Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, No. 1, article 14; Official Internet portal legal information http://www.pravo.gov.ru, January 22, 2019, N 0001201901220025)

I order:

1. To approve:

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

b) The procedure for sending the originals of decisions and minutes of general meetings of owners of premises in apartment buildings to the authorized executive bodies of the constituent entities of the Russian Federation exercising state housing supervision, in accordance with Appendix No. 2 to this order.

2. To recognize as invalid the order of the Ministry of Construction and Housing and Communal Services of the Russian Federation of December 25, 2015 N 937 / pr "On approval of the Requirements for the registration of minutes of general meetings of owners of premises in apartment buildings and the Procedure for transferring copies of decisions and minutes of general meetings of owners of premises in apartment buildings to the authorized executive bodies of the constituent entities of the Russian Federation exercising state housing supervision "(registered by the Ministry of Justice of the Russian Federation on April 14, 2016, registration N 41802).

3. Control over the implementation of this order shall be entrusted to the Deputy Minister of Construction, Housing and Communal Services of the Russian Federation, MB Egorov.

V. V. Yakushev

Registered

at the Ministry of Justice

Russian Federation

registration N 53863

Appendix N 1. Requirements for the registration of minutes of general meetings of owners of premises in apartment buildings

Appendix N 1

to order

Ministry of Construction

and housing and communal services

Russian Federation

Requirements for the registration of minutes of general meetings of owners of premises in apartment buildings

I. General Provisions

1. These Requirements establish the procedure for drawing up the minutes of the general meetings of the owners of premises in apartment buildings (hereinafter, respectively, the minutes of the general meeting, general meeting).

2. The minutes of the general meeting shall be drawn up in writing within the time limits established by the general meeting, but no later than ten calendar days from the date of the general meeting.

3. The minutes of the general meeting are drawn up by the secretary of the general meeting, who is elected by the decision of the general meeting.

4. The minutes of the general meeting must contain the following information:

a) the name of the document;

b) date and number of the minutes of the general meeting;

c) date and place of the general meeting;

d) heading to the content of the minutes of the general meeting;

f) information about the place (address) of keeping the minutes of general meetings and decisions of the owners of premises in apartment building on issues put to a vote.

If the content of the minutes of the general meeting contains an indication of the presence of attachments, the documents listed therein shall be attached to the minutes of the general meeting.

The minutes of the general meeting shall be signed by the person presiding at the general meeting, the secretary of the general meeting, as well as by the persons who carried out the counting of votes. In the case provided for in clause 23 of these Requirements, the minutes of the general meeting are also signed by the initiator of the general meeting. In the case provided for (Collected Legislation of the Russian Federation, 2005, No. 1, Article 14; Official Internet portal of legal information http://www.pravo.gov.ru, January 22, 2019, No. 0001201901220025), minutes of the general meeting must be signed by all owners of premises in an apartment building.

II. Requirements for the registration of details of the minutes of the general meeting

5. The name of the document must contain the words "Minutes of the general meeting of owners of premises in an apartment building".

6. The date of the minutes of the general meeting is the date of summing up the results of the general meeting (the end of the counting of votes of owners of premises in an apartment building).

7. The number of the minutes of the general meeting must correspond to the ordinal number of the general meeting during the calendar year.

8. The location of the general meeting must indicate the address at which the general meeting was held in person or the address at which the written decisions (bulletins) of the owners of premises in an apartment building were collected in the case of a general meeting in person and correspondence form. In the case of using the state information system of housing and communal services provided for (Collected Legislation of the Russian Federation, 2014, No. 30, Article 4210; 2018, No. 1, Article 69) (hereinafter referred to as the system), when holding a general meeting as a venue the general meeting specifies the address apartment building.

9. As the date of the general meeting, if it lasted for several days, the start date and the end date of the general meeting are indicated. The place and date of the general meeting specified in the minutes must correspond to the address and date indicated in the notice of the general meeting sent to the owners of premises in an apartment building in accordance with part 4 of article 45, part 2 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 the message on the holding of the general meeting).

10. The heading to the content of the minutes of the general meeting must contain information on the address of the apartment building, the type of the general meeting (annual, extraordinary) and the form of its holding (in person, in absentia, in absentia voting).

12. The introductory part of the content of the minutes of the general meeting should include the data:

a) about the initiator of the general meeting: for legal entities, indicate the full name and the main state registration number (hereinafter - OGRN) legal entity in accordance with its constituent documents and identifying information (state registration number of the record on state registration legal entity, taxpayer identification number); for individuals the full surname, first name, patronymic (the latter - if any) is indicated in accordance with the identity document of the citizen, the number of the premises in the apartment building owned by him (if any) and the details of the document confirming his ownership of the specified premises;

b) about the person presiding at the general meeting, the secretary of the general meeting, the persons who counted the votes of the owners of the premises in the apartment building: the last name, first name, patronymic (the latter - if any) are indicated in accordance with the identity document of the citizen, the number belonging to him on ownership of the premises in an apartment building (if any) and the details of the document confirming his ownership of the specified premises (except for the case when the question of election these persons included in the agenda of the general meeting);

c) the list of persons who took part in the general meeting (hereinafter - the persons present) and invited to participate in it (hereinafter - the invited persons): the information provided for in paragraphs 13-15 of these Requirements is indicated;

f) on the total area of ​​residential and non-residential premises in an apartment building;

g) on ​​the agenda of the general meeting;

h) on the legality (presence or absence of a quorum) of the general meeting.

13. The list of persons present should begin with the words “Persons present” and include the following information:

a) in relation to individuals - the last name, first name, patronymic (the latter - if any) of the owner of the premises in the apartment building and (or) his representative (in the case of participation of the latter in the general meeting), indicated in accordance with the identity document of the citizen; the number of the premises belonging to him by right of ownership in the apartment building (if any) and the details of the document confirming his ownership of the specified premises; number of votes possessed this person; the name and details of the document certifying the authority of the representative of the owner of the premises in the apartment building (in case of his participation in the general meeting); the signature of the owner of the premises in the apartment building or his representative;

b) for legal entities - the full name and OGRN of the legal entity in accordance with its constituent documents; the number of the premises belonging to him by right of ownership in the apartment building (if any) and the details of the document confirming his ownership of the specified premises; the number of votes possessed by this person; surname, first name, patronymic (the latter - if any) of the representative of the owner of the premises in the apartment building; name and details of the document certifying the authority of the representative of the owner of the premises in the apartment building; the signature of the representative of the owner of the premises in the apartment building.

14. The list of invitees should begin with the words "Invitees" and include the following information:

a) for individuals - the last name, first name, patronymic (the last name, if any) of the person or his representative (if the latter participates in the general meeting), indicated in accordance with the identity document of the citizen; name and details of the document certifying the authority of the representative of the invited person (in case of his participation in the general meeting); the purpose of participation in the general meeting of the invited person or his representative (if the latter participates in the general meeting) and his signature;

b) for legal entities - the full name and OGRN of the legal entity in accordance with its constituent documents; surname, name, patronymic (last name - if any) of the representative of the invited person; name and details of the document certifying the authority of the representative of the invited person; the purpose of participation of the invited person in the general meeting and the signature of his representative.

15. Lists of those present and invited persons are drawn up in the form of an attachment to the minutes of the general meeting, while the minutes of the general meeting indicate the total number of those present and invited and make a note: "The list is attached (Appendix N____ to this minutes)".

16. The text of the main part of the substantive part of the minutes of the general meeting consists of separate sections, each of which contains a separate issue on the agenda. In this case, the agenda of the general meeting shall indicate the issue or issues that are the subject of consideration at the general meeting in accordance with the notice of holding the general meeting. If there are several questions, they are numbered and arranged in the order of discussion.

17. The wording of the issues on the agenda of the general meeting should reflect the essence of the issues discussed at the general meeting and exclude the possibility of them ambiguous interpretation... If the wording of the issue on the agenda of the general meeting is established by the legislation of the Russian Federation, the corresponding wording shall be indicated in the minutes of the general meeting. It is not allowed to include in the agenda of the general meeting of issues with the wording "Miscellaneous", "Other issues" or other similar formulations in terms of semantic content, as well as combining issues of different semantic content in one formulation. If the issue on the agenda of the general meeting concerns the consideration by the general meeting of any document and making a decision on it, the wording of such an issue must contain the full name and details of this document.

18. All structural units of the main part of the substantive part of the minutes of the general meeting should be stated in the third person plural ("listened", "spoke", "decided", "decided").

19. The text of each structural unit of the main part of the substantive part of the minutes of the general meeting should consist of three parts:

a) part 1 - "LISTENED", which indicates the surname, name, patronymic (last name, if any) of the speaker, the number and wording of the issue in accordance with the agenda of the general meeting, a summary of the speech or a link to the document attached to the minutes of the general meeting, containing the text of the speech. The number and wording of the issue on the agenda of the general meeting are indicated before the word "HEARD";

b) Part 2 - "PROPOSED", which indicates a summary of the proposed decision on the issue under consideration, in respect of which a vote will be taken. At the same time, the proposed solution should correspond to the essence of the issue under discussion on the agenda of the general meeting, and its wording should exclude the possibility of ambiguous interpretation of the proposed solution;

c) Part 3 - "DECIDED (DECIDED)", which indicates the decisions taken by the general meeting on the considered issue of the agenda of the general meeting, expressed in the formulations "for", "against" or "abstained" with the indication of the number and wording of the issue in accordance with the agenda of the general meeting, the number of votes cast for the specified voting options.

20. Mandatory annexes to the minutes of the general meeting are:

a) the register of owners of premises in an apartment building, containing information about the owners of all premises in an apartment building, indicating the last name, first name, patronymic (the latter - if any) of the owners - individuals, full name and OGRN of owners - legal entities, numbers of premises belonging to them by right of ownership in an apartment building (if any), details of documents confirming their ownership of the specified premises, information on the form of ownership in relation to each of the specified premises, information on the area of ​​each premises in an apartment building and about the share in the ownership of such premises belonging to each of their owners;

b) a copy of the text of the message about the general meeting;

c) documents (copies of documents) confirming the direction, delivery of a notice of holding a general meeting to the owners of premises in an apartment building or its placement in the premises of this house, determined by the decision of the general meeting and available to all owners of premises in this building, 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 (copies thereof) certifying the credentials of representatives of those present and invited persons;

f) documents considered by the general meeting in accordance with the agenda of the general meeting;

g) written decisions (bulletins) of the owners of premises and their representatives who took part in the general meeting, which must contain information that allows identifying the persons who filled them in (for individuals - the information provided for in subparagraph "a" of paragraph 13 of these Requirements, for legal persons - the information provided for in subparagraph "b" of paragraph 13 of these Requirements), the date of their completion, as well as information on the expression of the will of the owners of the premises and their representatives.

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

Other documents may be attached to the minutes of the general meeting if they are indicated in the content of the minutes of the general meeting.

21. All attachments to the minutes of the general meeting should be numbered. The number of the attachment, as well as an indication that the document is an attachment to the minutes of the general meeting, are indicated on the first sheet of the document. Appendices are an integral part of the minutes of the general meeting.

The pages of the minutes of the general meeting and each annex to it must be numbered and sewn by the secretary of the general meeting, the last page of the minutes must be signed by the person presiding at the general meeting.

22. The details of the signature of the minutes of the general meeting include information about the surname and initials of the person who put the signature, the signature and the date it was affixed.

23. If the issue of the election of the person chairing the general meeting, as well as the persons carrying out the counting of votes, is included in the agenda of the general meeting, and a decision is made to reject the proposed candidates, the minutes of the general meeting are signed by the initiator of the general meeting.

24. In the case provided for in Part 1.1 of Article 136 of the Housing Code of the Russian Federation, the minutes of the general meeting, at which decisions were made to create an association of homeowners and to approve its charter, are signed by all owners of premises in an apartment building who voted for such decisions, while details of the signatures of the person chairing the general meeting, the secretary of the general meeting, as well as the persons who counted the votes or the signatures of the initiator of the general meeting in the case provided for in paragraph 23 of these Requirements, must include the information provided for in paragraph 22 of these Requirements, as well as a mark on the status of such persons ("presided over the general meeting of owners of premises in an apartment building", "secretary of the general meeting of owners of premises in an apartment building", "conducted the counting of votes", "initiator of a general meeting of owners of premises in an apartment building").

Appendix N 2. The procedure for sending originals of decisions and minutes of general meetings of owners of premises in apartment buildings to the authorized executive bodies of the constituent entities of the Russian Federation, carrying out state housing ...

Appendix N 2

to order

Ministry of Construction

and housing and communal services

Russian Federation

The procedure for sending the originals of decisions and minutes of general meetings of owners of premises in apartment buildings to the authorized executive bodies of the constituent entities of the Russian Federation exercising state housing supervision

1. This Procedure establishes the rules for sending originals of decisions (bulletins) of owners of premises in apartment buildings (hereinafter referred to as decisions) and minutes of general meetings of owners of premises in apartment buildings (hereinafter referred to as protocols) to authorized executive bodies of the constituent entities of the Russian Federation exercising state housing supervision ( hereinafter - the body of state housing supervision).

2. Managing organization, the board of an association of homeowners, a housing or housing-building cooperative, or another specialized consumer cooperative must send the originals of decisions and protocols submitted by them in accordance with part 1 of article 46 of the Housing Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, N 1, Art. 14; Official Internet portal of legal information http://www.pravo.gov.ru, January 22, 2019, N 0001201901220025) by the person who initiated the general meeting of owners of premises in an apartment building (hereinafter referred to as the general meeting), to the state housing authority supervision of the constituent entity of the Russian Federation, on the territory of which the apartment building is located, the owners of the premises in which held a general meeting.

3. The originals of decisions, protocols are sent within five working days from the date of receipt of the originals of these documents by the management organization, the board of the homeowners' partnership, housing or housing construction cooperative, or other specialized consumer cooperative from the person who initiated the general meeting.

4. Originals of decisions and minutes are subject to mandatory sending by the person who initiated the general meeting to the management organization, the board of a homeowners' partnership, housing or housing construction cooperative, other specialized consumer cooperative, and in the case of direct management of an apartment building - to the state housing supervision body later than ten calendar days from the date of the general meeting, and if it lasted several days, no later than ten calendar days from the date of the end of the general meeting.

If the general meeting makes a decision on the issue specified in clause 4.4 of part 2 of article 44 of the Housing Code of the Russian Federation, the originals of the decisions and minutes must be sent by the person who initiated the general meeting to the body of state housing supervision of the constituent entity of the Russian Federation, on the territory of which the apartment building is located, the owners of the premises in which the general meeting was held, within the time specified in the first paragraph of this clause, with a one-time sending of copies of these decisions and minutes to the management organization, the board of a homeowners' partnership, a housing or housing construction cooperative, another specialized consumer cooperative, as well as a resource supplying organization, regional operator for the handling of solid municipal waste with whom the owners of premises in an apartment building, acting on their own behalf, will, in accordance with the decision adopted by the general meeting, conclude contracts containing provisions on the provision of utilities.

5. The sending of the originals of decisions, protocols should be carried out in ways that make it possible to confirm the fact and date of their receipt by the state housing supervision body, as well as by posting in the public domain in the state information system housing and communal services provided for by the Federal Law of July 21, 2014 N 209-FZ "On the State Information System of Housing and Communal Services" (Collected Legislation of the Russian Federation, 2014, N 30, Article 4210; 2018, N 53, Art. 8484) (hereinafter referred to as the system) scanned images of decisions, protocols no later than five working days from the date of sending the originals of decisions, protocols to the body of state housing supervision.

If the scanned images of decisions, protocols were posted in the system before the date of sending decisions, protocols to the state housing supervision authority, the date of sending the originals of decisions, protocols is the date of posting their scanned images in the system.

Electronic text of the document

prepared by JSC "Kodeks" and verified by:

Official Internet Portal

legal information

www.pravo.gov.ru, 22.02.2019,

N 0001201902220008

On approval of the Requirements for the registration of minutes of general meetings of owners of premises in apartment buildings and the Procedure for sending originals of decisions and minutes of general meetings of owners of premises in apartment buildings to authorized executive bodies of the constituent entities of the Russian Federation exercising state housing supervision

NP "Housing and Utilities Control" informs that from March 5, new requirements for the registration of the minutes of the general meeting of owners of premises in an apartment building came into force.

The anti-corruption expertise of the Prosecutor General's Office established a corruption-generating factor in the difference in the execution of documentation, depending on the form of the meeting of the owners of an apartment building. So, when conducting in-person, absentee and absentee voting, the decision of the owners was necessarily attached to the minutes of the meeting. The decisions of the meeting in the form of in-person voting were reflected only in the minutes.

To eliminate the "gap" and protect the owners, the Ministry of Construction of Russia approved new edition"Requirements for the registration of minutes of general meetings of owners of premises in apartment buildings." In accordance with them, decisions signed by the owners must be attached to all minutes of general meetings of owners of premises, regardless of the form of holding the general meeting.

The document contains an extensive list of amendments and clarifications. Let's dwell on the fundamental points:

- the terms have been specified: calendar or working. It used to be just an indication of the number of days;

- the term “bulletin” appeared;

- in relation to the chairman and secretary of the meeting, it is now necessary to indicate the number of their apartment and the details of the document on ownership;

- all those present, including those invited, are now drawn up with a list, which must be attached to the protocol;

- now in the decision (ballot) it is necessary to indicate the form of ownership (individual / joint / share) of each voter, as well as the area of ​​the premises belonging to them. There used to be a “number of votes”, which generated a lot of controversy;

- instead of notifying the owners about the meeting or placement in the place where the owners decided, now the wording “documents” of delivery or placement in the places determined by the owners is being introduced. In fact, the norm has remained the same, but its formulation is now much easier to understand. And documents can be understood as sending in the form of an e-mail, etc.;

- another very important clarification in the new order: now it is clearly stated that the ballot must contain the date of its filling. Previously, there was no such norm, due to which uncertainties and forgeries arose;

- Requirements have been established to flash the protocol with all applications;

- another important clarification: if the chairman of the meeting is not elected (the candidacy is rejected), then the protocol is signed by the initiator.

Protocol drawn up by the secretary of the meeting within the time frame established by the meeting, but no later than 10 days after its holding.

Clarifies the prohibition of the wording "Miscellaneous" in the agenda of the meeting. It is now forbidden to include questions with the wording "Miscellaneous", "Other", "Other" or other similar in meaning.

Obligatory details of the protocol - the name of the document; date and registration number of the protocol; date and place of the meeting; heading to the content part; content part; place (address) of keeping minutes of meetings and decisions of owners on issues put to a vote; annexes to the protocol (if indicated in the substantive part); signature.

Obligatory annexes to the protocol - the register of owners, a message about the meeting, the register of delivery of messages to the owners, a list of the owners present, documents on which decisions were made, etc.

Owners register may not contain the number of votes, but it must necessarily indicate information about the owners (full name of individuals, name and OGRN of a legal entity), numbers of premises belonging to them, details of documents confirming ownership of these premises, information about the area of ​​each room in the house and about share in the ownership of each owner.

The same order approved The procedure for transferring decisions and minutes of meetings to regional GZI... The managing organization is responsible for the transfer, HOA board, housing or housing construction cooperative, other specialized consumer cooperative. Previously, copies of documents were transferred, but now only originals. This must be done within 5 days from the date they receive it from the initiator of the meeting. Before sending, the minutes must be numbered, stitched and certified by the signature of the chairman of the meeting.

In parallel, scan samples of OSS solutions and protocol should be placed in the Gis Housing and Communal Services system. If the state housing supervision authority receives the originals later than the copies are placed in the system, then the date of placement will be considered the date of loading into the system.

Recall that the minutes of the meeting of the owners of the premises of an apartment building is an official document, and its forgery is prosecuted by law.

5/5 (18)

What regulatory acts govern the drawing up of the protocol

Until the spring of 2016, there were no clear requirements for the content of the minutes of the meeting of owners and residents of an apartment building. There were only a couple of references to the document in Art. 46 of the Housing Code of the Russian Federation (hereinafter - the LC RF).

At the end of April 2016, the Order of the Ministry of Construction of the Russian Federation under the number No. 937 / pr (hereinafter - Order No. 937 / pr) entered into force, which established the rules for drawing up and signing a protocol for the general gathering of residents of the house.

This legal act also has clarifications on the rules for holding tenant meetings.

In what time frame should be drawn up

According to the law, the period for drawing up the minutes is set at the meeting itself. But, despite this rule, there is maximum term registration of the document - no more than 10 days from the moment the tenants were gathered to make decisions.

Required details

Order No. 937 / pr contains information that in mandatory included in the protocol of the general collection of real estate.

Please note! These include:

• title of the document (for example: "Minutes of the general meeting of residents of house No. 34 on Lavrov St. in Arkhangelsk on the repair of the roof from funds from the account of the house"). It should be clearly articulated. Reading the title alone should give a clear idea of ​​where the meeting took place and on what issues;
• date of compilation and its number. The procedure for assigning a number to each of the protocols is also fixed by Order No. 937 / pr;
• the exact date, time and place of the gathering of apartment owners;
• substantive part - includes the agenda, i.e. issues that were discussed at the meeting and decisions on them, adopted by voting. It includes an introductory and main part, which we will discuss in more detail below;
• an indication of the place and organization that will store the protocol itself and the documents associated with it;
• documentation attached to the protocol (only if it is mentioned in the main part);
• signatures of responsible persons with decryption.

Order No. 937 / pr also draws special attention to the presence in the protocol of the introductory and main parts (included in the content, which we spoke about above). Let's talk about each of them separately.

The introductory part of the minutes of the meeting of home owners without fail contains information about those present at the gathering:

• for individuals: full name; the address of residence, the number and series of the certificate of rights to housing (since the fall of 2016, the owners are issued an extract), the weight of votes and their number, for representatives of citizens - data on the power of attorney (by whom, when and on what basis it was issued);
• for legal entities: full name, as in the statutory documents. And also, TIN, OGRN, details of the document securing the ownership of the company. In addition, the number of votes, data on representatives fits;

Important! If there are more than 15 present at the meeting, then all information about them is included in a separate list, which, as a separate document, is attached to the minutes and stored with it.

Information about the persons invited to the meeting:

• for citizens: full name, why they participate in the collection of residents of the house, for representatives - the details of the power of attorney;
• for organizations: the full name is exactly the same as in the statutory documents, TIN, OGRN, why they participate in the meeting, data on representatives (position, on the basis of which document has the rights of representation).

The main part comes right after the introductory part and includes:

• agenda;
• thematic sections (their number depends on how many issues are planned to be discussed at the general meeting). Each problem has its own section.

Before the entry into force of Order No. 937 / pr, nowhere was it said about the binding of sections. But with the entry into force of this document, everything has changed. Not only sections were introduced, but also requirements for their content.

Remember! The text of each of them must consist of three elements:

• "Heard." This part contains information about who was heard and on what issue, i.e. Full name of the speaker, the wording of the problem he spoke about and its number, a short written retelling of the speech or a link to a separate document with a full synopsis;
• "Suggested". This element of the section indicates information about what was proposed upon the fact of solving the problem;
• "Decided." The final part of the section. It indicates the results of voting, the number of votes "for" and "against". It is imperative to enter the essence of the issue to be solved and its number.

Protocol annexes

The appendix is ​​another imperative part of the protocol that must not be overlooked. These are documents that in one way or another are related to the protocol and issues resolved at the general meeting of residents.

Important! According to the law, the following must be attached to the protocol for the collection of tenants:

• a list (often in the form of a register) of the owners of all apartments in the building for which the meeting is being held.
• an informational message about the fact of a collection of residents to resolve certain issues.
• powers of attorney, photocopies of statutes or other documentation confirming the powers of representation for persons present at the meeting on behalf of someone else.
• documents on the basis of which certain issues were resolved at the meeting.
• decisions of apartment owners based on the results of a survey or voting.
• other documentation or materials that, by decision of the majority of those present, were recognized as an annex to the minutes of the meeting.

ATTENTION! View the completed homeowners general meeting notice:

Watch the video. The procedure for organizing and holding a general meeting of owners of MKD:

Transfer order

The procedure establishes the requirements for how the documentation on holding a meeting of real estate owners in an apartment building (including a protocol with annexes) will be transferred to authorized government agencies of an executive nature that carry out activities in the field of state housing supervision.

In accordance with Part 1 of Article 46 of the RF LC, representatives of the management company, a homeowners' association or a housing construction cooperative send a package of documents to the state authority of a constituent entity of Russia for housing supervision.

The above entities must first obtain all documentation from the citizen organizing the meeting. The package of documents includes: the protocol, as well as all the annexes to it.

All photocopies of documents (minutes, attachments, etc.) must be submitted within 5 days. The countdown starts from the moment Management Company, representatives of the HOA, housing cooperative or other cooperative received documents from the person who initiated and organized the general meeting of the residents of the apartment building.

The documents must be transferred in such a way that in the future the date and the fact of transfer to the state authorities in the field of housing supervision can be confirmed. For example, through the transfer of documents in electronic form in the state information system of housing and communal services.

Copies of decisions, minutes and other documents are considered transferred from the moment the electronic image of the document appears in the state information system for review.

But GIS Housing and Utilities is not the only way to submit documents to the authorities state power... Transfer of documents is possible in any other way.

The main thing is that, in case of any doubts, it can be confirmed that the package with the documentation was submitted on time and to the right place.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issue.

In what cases is it possible to recognize the protocol as invalid?

Clause 6 of Article 46 of the Housing Code of the Russian Federation settled cases when it is possible to challenge the protocol of the collection of owners of real estate in an apartment building. If you look directly at the text of this legal norm then it reads as follows.

Remember! The owner of real estate in an apartment building can challenge the protocol by filing statement of claim to the court if:

• considers that the decision taken at the meeting violated his rights and interests;
• considers that the decision taken by the majority of votes of homeowners violates the norms of housing legislation;
• he did not take part in the meeting or directly in the voting, therefore he does not agree with the content of the minutes;
• he attended the meeting and voted, but the majority made another decision, which does not suit the owner of one of the apartments in the house.

If the above circumstances take place, then any of the residents of the house who does not agree with the majority's decision can file a claim in court and challenge the contents of the protocol.

This must be done within six months from the moment the decision became known (or should have become known). The most important thing in challenging the decision under the protocol is that the plaintiff in court will have to prove the fact that his rights or norms of housing legislation were violated.

Important! V trial the judge listens to both parties, considers the circumstances of the case, listens to witnesses and analyzes the evidence presented by both parties to the dispute. Further, based on the principles of legality, reasonableness and fairness, makes an objective decision on the case.

If the court does not find circumstances that violate the law or the rights of the plaintiff, then it upholds the decision taken at the meeting and enshrined in the minutes.

This may be the case, for example, when, in general, the meeting was held taking into account all the requirements of the legislation with insignificant violations and at the same time the decision on this or that issue did not bring losses to the owner who filed a lawsuit in court.

This includes not only major violations, but also events, after the occurrence of which the rights of the owner within the framework of the RF Housing Code were limited, or he suffered losses.

Please note! Such events may include circumstances that violate established norms law:

• on the timing and procedure for notifying the owners of real estate at home about the date and time of the meeting;
• on the powers and composition of the quorum (availability of the required number of those present at the meeting to make a particular decision);
• on the content, form and method of sending information messages to the residents of the house;
• on the procedure and time for familiarization with the decisions taken at the meeting, as well as familiarization with the content of the minutes;
• on the rules and norms for empowering representatives participating in the meeting;
• on the rules for counting votes, based not only on the number of persons present, but also on the weight of their votes (i.e., was the size of the area of ​​the premises in the ownership taken into account, whether the volume of the share was taken into account directly of the ownership right itself, etc.);
• on compliance with the rules regarding the execution of documents (the protocol itself and all annexes to it);
• on the legality of the votes of the owners of real estate in the apartment building (whether they were documented, and whether everything is in order with the documents).

What is the threat of forgery of the OSS protocol?

Attention! Forgery of a protocol drawn up at a meeting of residents, as well as forgery of any other documents, is prosecuted by virtue of the provisions of the Criminal Code of the Russian Federation.

In this case, to initiate a criminal case, one must be guided by different articles Of the Criminal Code of the Russian Federation, since violations can be different:

• forgery of a signature;
• the signature is affixed retroactively;
• falsification of the date of preparation of documents;
• changing the content of documents;
• introduction of false or non-existent circumstances and information into the documentation.

As practice shows, often when a signature is forged and deliberately false information is entered into documents, the authorities refuse to initiate a case under Art. З27 of the Criminal Code of the Russian Federation ("Forgery, production or sale of forged documents"), since the corpus delicti does not correspond to this article.

How to be in such a situation? Let's look at the given example.

Inconsistency of the corpus delicti to Art. 327 of the Criminal Code of the Russian Federation is expressed in the fact that the minutes of the meeting and documented decisions are not official documents. It is quite simple to forge these documents, but to prove the fact of falsification in court, on the contrary, is difficult.

Often, even when submitting seemingly indisputable evidence to the court, the perpetrators avoided responsibility for their unlawful acts.

The result is this judicial practice became the fact of frequent forgery of documents with impunity by the owners of the house and representatives of the Criminal Code. No one was held liable even for the monetary losses of the owners of the real estate of a particular house.

The owner of the premises wants to invalidate the MKD management agreement

Information about the apartment building of the management organization was excluded from the register of licenses (information about the house was included in the list of houses of another management organization)

The owner or other interested person wants to remove barriers to use non-residential premises(building, structure)

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 owners of premises in an apartment building, and decisions provided for in paragraphs 1, 1.1-1, 1.2,, 3.1, 4.3 of part 2 of Article 44 of this Code, which are adopted by a majority of at least two-thirds of 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... The decisions of the general meeting of owners of premises in an apartment building are drawn up in protocols in accordance with the requirements established federal body executive power, carrying out the functions of developing and implementing public 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 duties, 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, in 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, conclude contracts containing provisions on the provision of public services.

1.1. The managing organization, the board of an association of homeowners, a housing or housing-building cooperative, or another specialized consumer cooperative, within five days from the date of receipt of the original decisions and minutes of the general meeting of premises owners 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 within three months in a row, containing decisions on similar issues on the agenda, is obliged to conduct unscheduled inspection in order to establish the fact of compliance with the requirements of the law when organizing, holding and registering the results of such a meeting.

(see text in previous edition)

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.

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 brought to the attention of 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 available to all owners of premises in this house, no later than ten days from the date of these decisions.

6. The owner of a premise in an apartment building has the right to appeal to a court against a decision taken 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 taken by this owner alone 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 regarding the timing of an annual general meeting of owners of premises in an apartment building.

We update this material as amendments or other documents related to the minutes of the general meeting are released. Last edited article: 01/20/2020 - with all changes as of this date.

On this page, you can familiarize yourself with the order of the Ministry of Construction on the approval of the form of the minutes of the general meeting (starting from March 05, 2019), as well as download the minutes of the general meeting, a sample of the minutes of the general meeting of owners for use when holding general meetings in your house.

WITH You can download the minutes of the general meeting on the new form of 2020 at the bottom of the page (+ download the register of owners there)

MINISTRY OF CONSTRUCTION AND HOUSING AND UTILITIES

FACILITIES OF THE RUSSIAN FEDERATION

ON APPROVAL OF REQUIREMENTS

FOR REGISTRATION OF PROTOCOLS OF GENERAL MEETINGS OF OWNERS

PREMISES IN APARTMENT BUILDINGS AND ORDER OF DIRECTIONS

ORIGINALS OF DECISIONS AND MINUTES OF GENERAL MEETINGS

PREMISE OWNERS IN APARTMENT BUILDINGS

TO THE AUTHORIZED BODIES OF THE EXECUTIVE POWER

SUBJECTS OF THE RUSSIAN FEDERATION, IMPLEMENTING

STATE HOUSING SUPERVISION

In accordance with parts 1, 1.1 of article 46 of the Housing Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, N 1, Art.14; Official Internet portal of legal information http://www.pravo.gov.ru, January 22, 2019 ., N 0001201901220025) I order:

We will prepare you an up-to-date full register of owners from 1500 rubles, nominal decision sheets for each from 1000 rubles.

We will also make a full package of documents with a guarantee of GZI acceptance from 3000 rubles, leave a request by phone 8-800-100-24-97 or by mail [email protected] site