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How to hold a meeting of the HOA: voting ballot, powers and protocols. Who can be a member of the counting commission during a general meeting of homeowners? Number of votes for a decision

GENERAL PROVISIONS

Remember that we have a major obstacle - part 6, article 46 of the LC RF about the 6-month statute of limitations:

The owner of premises in an apartment building has the right to appeal to the court 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 participate in this meeting or voted against such a decision, and if such a decision violated his rights and legitimate interests. An application for such an appeal may be filed with the court within six months from the date when the said owner learned or should have known about the decision. The court, taking into account all the circumstances of the case, has the right to uphold the contested decision if the vote of the said owner could not affect the results of the vote, the violations committed are not significant and decision did not result in damage to the said owner.

We bypass the barrier pointing out the nullity of the meeting's decision. But at the same time, it is necessary not to mention at all the mass of other violations in order not to give the enemy the opportunity to raise the question of the non-materiality of the violations mentioned before the court - we focus only on THREE violations

Failure to meet quorum (eligibility; no means of proof presented a certain kind)

The established requirements are violated - the protocol does not have the proper details (signature of the secretary not elected by the meeting; absence of the secretary's signature, the chairman's signature is forged, etc.)

We point out the nullity of the decision of the meeting in documents of various forms

In a lawsuit - in the form of an Objection to claims or in the form of an Additional explanation in a lawsuit;

In appeals to supervisory or law enforcement agencies;

In complaints about procedural decisions taken on our appeals

Section 1. ILLEGALITY OF A MEETING

EXAMPLE #1 - NOT PROVEN QUORUM

To court

federal judge

case participant

ADDITIONAL EXPLANATION

The defendant claims that there is a decision general meeting from DATA, at which the decision was allegedly made to elect LLC as a managing organization. In fact, there is no evidence that the meeting (if it took place) of any decision due to the lack of proof of the quorum

According to Part 3 of Art. 45 LCD RF:

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

According to Part 5 of Art. 181.2 of the Civil Code of the Russian Federation The minutes of the meeting must contain information about the persons who took part in the voting (clause 2). In violation of these requirements, the minutes of the meeting do not contain information about the persons who took part in the meeting, and therefore there is no evidence that the participants in the meeting actually had, in aggregate, a sufficient number of votes, giving the right to make decisions.

In the decision of the owner on issues put to the vote, in accordance with Part 3 of Art. 47 of the LC RF must indicate:

1) information about the person participating in the voting;

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

3) Dealing with every question hangs day, expressed as "for", "against" or "abstained".

According to Part 1 of Art. 46 ZhK RF

public policy and legal regulation in the field of housing and communal services is carried out by the Ministry of Construction and Housing and Public Utilities. In the approved by order of the Ministry of Construction and Housing and Communal Services of the Russian Federation of July 31, 2014 n 411 / pr Methodological recommendations on the procedure for organizing and holding general meetings of owners of premises in apartment buildings paragraph 5 of section VI states that the existence of a quorum is confirmed

a registration sheet for participants in the general meeting (owners of premises in an apartment building or their representatives) indicating the last name, first name, patronymic, address, details of the certificate of ownership of the premises in this apartment building, shares in the common ownership of common property in this apartment building, signature owner or representative of the owner with a power of attorney, if the general meeting is attended by a representative of the owner.

In full accordance with Article 60 of the Code of Civil Procedure of the Russian Federation, the above requirements for "information about persons" indicate that proving the eligibility of a meeting is allowed only by information about the persons who took part in the vote:

i) the original Registration Sheet (Register of Participants) of the meeting with their signatures

ii) original Bulletins - Decisions of the meeting participants with their signatures, -but by no other means of proof I;

property owners who are not members of the association

in an apartment building they have the right to familiarize themselves with the following documents:

6) minutes of general meetings of members of the partnership, ....;

7) documents confirming the results of voting at the general meeting of members of the you,

Our legal position is that the general meeting did not take place at all at the indicated time, there were no participants in the meeting, they did not make decisions on the agenda and did not fill out decision forms. In the absence of Voting Ballots (decisions) and the Register of Meeting Participants, it is impossible to verify the presence of owners holding more than fifty percent of votes from the total number of votes in the meeting.

According to paragraph 2 of Art. 185.5 of the Civil Code of the Russian Federation

Since the opposing party did not provide evidence of the legality of the meeting, I PLEASE reflect this circumstance, which is crucial for the correct resolution of the case, in the reasoning part of the court decision.

EXAMPLE 2. EXCEEDING THE COMPETENCE OF THE MEETING IN THE FORMATION OF THE COUNTING COMMISSION

To court

federal judge

Participant de la

ADDITIONAL EXPLANATION

regarding the formation of the counting commission

According to Part 5 of Art. 181.2 of the Civil Code of the Russian Federation The minutes of the meeting must contain information about the persons who carried out the counting of votes (paragraph 4) and about the persons who signed the protocol (paragraph 5). The literal interpretation of the above provisions of the law comes down to the fact that one person is counting the votes, and the protocol is signed by others. It should be noted that according to Part 3 of Art. 181.2 of the Civil Code of the Russian Federation, the minutes are signed by the chairman of the meeting and the secretary of the meeting. Consequently, the procedure for holding a meeting, established by law, excludes the inclusion of the chairman and secretary of the meeting in the composition of the counting commission.

According to Part 1 of Art. 46 ZhK RF

Decisions of the general meeting of owners of premises in an apartment building are drawn up in minutes in accordance with the requirements established federal body executive power, performing the functions of developing and implementing state policy and legal regulation in the field of housing and communal services.

State policy and legal regulation in the field of housing and communal services is carried out by the Ministry of Construction and Housing and Public Utilities. In the Methodological recommendations approved by the order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated July 31, 2014 No. 411 / pr on the procedure for organizing and holding general meetings of owners of premises in apartment buildings, paragraph 13 of section VII establishes that "to summarize the results of the general meeting in the form absentee voting, a counting commission is created, the members of which are elected at the general meeting.

"Complicity" of the chairman and secretary of the meeting in the work of the counting commission deprives the count of votes of legitimacy. According to paragraph 17 of section VII of the mentioned methodological recommendations members of the counting commission sign the Protocol separately about the Chairman and the secretary of the meeting

Taking into account the requirements for certain means of proof (Article 60 of the Code of Civil Procedure of the Russian Federation), proving the eligibility of the counting commission is allowed only by the election of other persons to it, except for those elected by the meeting of the chairman and secretary. No such evidence has been presented, so there is no reason to trust the results of the vote, calculated with the participation of the chairman and the secretary of the meeting.

Within the competence of the meeting in Part 2 of Art. 44 of the LC RF does not specify the right of the general meeting of owners to establish its own procedure for counting votes and does not provide for the right to give the chairman and secretary of the meeting the right to count votes.

According to Part 5 Art. 46 ZhK RF only if the decision becomes binding on all owners of premises in an apartment building, if it is adopted in the prescribed manner and on issues within the competence of such a meeting. Direct violation statutory the procedure for the formation of the counting commission indicates the nullity of the decision due to exceeding the powers of the meeting to establish a special, different from the law-established procedure for counting votes upon its adoption. Such solution did not get legal force, it is not mandatory for the owners of the premises

Since the opposing party did not provide evidence of compliance with the requirements of the law when forming the counting commission, I PLEASE reflect this circumstance, which is crucial for the correct resolution of the case, in the reasoning part of the court decision.

Section 2. VIOLATION OF THE REQUIREMENTS FOR THE ESTABLISHED PROCEDURE FOR HOLDING A MEETING

EXAMPLE #3 - REGARDING THE SIGNING OF THE PROTOCOL

To court

federal judge

case participant

According to Part 5 Art. 46 ZhK RF only if the decision becomes binding on all owners of premises in an apartment building, if it is accepted in due course. The established procedure requires a signature in the Protocol the chairman of the meeting and the secretary of the meeting (part 3 of article 181.2 of the Civil Code of the Russian Federation), however, in violation of this requirement, the minutes of the general meeting were not signed by the chairman of the meeting.

According to Part 1 of Art. 46 ZhK RF

Decisions of the general meeting of owners of premises in an apartment building are drawn up in minutes in accordance with the requirements established by the federal executive body responsible for the development and implementation of tions of state policy and legal regulation in the field of housing and communal services.

State policy and legal regulation in the field of housing and communal services is carried out by the Ministry of Construction and Housing and Public Utilities. In the Methodological recommendations approved by the order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated July 31, 2014 No. 411 / pr on the procedure for organizing and holding general meetings of owners of premises in apartment buildings, paragraph 15 of section VII establishes that "the minutes of the general meeting in the form of absentee voting is made in writing, signed by the chairman of the general meeting and the secretary of the general meeting, as well as members of the counting commission.

In violation of the accepted procedure, the minutes of the meeting were not signed by the chairman of the meeting

Chairman - K.Yu. BEKETOV.

secretary - A.S. KUZIN.

THE DATE does not have the property of an official document that the decision is drawn up in violation of the established procedure, and therefore the decisions contained in it do not have any legal force

EXAMPLE #4 -NOTSIGNING THE PROTOCOL AND CERTIFICATION OF SIGNATURES

To court

federal judge

Participant of cases a

ADDITIONAL WRITTEN EXPLANATION

as evidence of the lack of legal force of the Minutes of the meeting dated DATE

The minutes of the general meeting from DATA were drawn up with violations of Part 3 of Art. 45 and part 1, 2 art. 46 LCD RF. The protocol is certified by the seal of the Society and signed by the employees of the Society AA, BB, BB as members of the counting commission, and CEO GG.

The protocol does not contain a single signature of the owner of the premises in the house. By virtue of h. 1 Article. 46 of the Housing Code of the Russian Federation, decisions of the general meeting of owners are drawn up in minutes in the manner established by the general meeting of owners of premises in this house.

The protocol is a document reflecting the decisions taken by the owners, which excludes the signing of this document by other persons who are not owners, unless the owners, by their decision, have established such special order registration of the protocol. Evidence of the adoption by the owners of a special procedure for drawing up the protocol was not presented.

By law, the minutes are signed by the chairman of the meeting and the secretary of the meeting (Part 3 of Article 181.2 of the Civil Code of the Russian Federation), however, in violation of this requirement, the Minutes of the general meeting do not have the signature of the chairman of the meeting.

By virtue of h. 1 Article. 46 of the Housing Code of the Russian Federation, decisions of the general meeting of owners are drawn up in minutes in the manner established by the general meeting of owners of premises in this house. The meeting did not establish a procedure in which the protocol is not signed by the chairman.

The decision of the owners to elect AA, BB, and BB as members of the counting commission entitles these persons to only count the votes. No decision was made on the right of these persons to sign the minutes of the general meeting of owners on behalf of the owners.

Certification on the Minutes of the meeting of signatures of members of the counting commission AA, BB and BB with the seal of the managing organization indicates that the document belongs to the managing organization, but the general meeting of owners of premises in an apartment building is the management body of an apartment building that is not subordinate to any legal entity (part 1 of article 44 of the LC RF ).

According to clause 23 of GOST R 51141-98, only a document drawn up and certified in the prescribed manner is recognized as an official document. According to clause 4.9 of GOST R 6.30-2003 "Organizational and administrative documentation. Requirements for paperwork ..."

“The protocol is signed according to the scheme

Chairman - K.Yu. BEKETOV.

secretary - A.S. KUZIN.

The words "chairman" and "secretary" are printed to the left of the zero position of the tabulator, separated by two intervals from the heading and from each other ... The minutes are drawn up by the secretary of the meeting, the minutes acquire legal force only if there are two signatures - the chairman and the secretary. signatures are placed, separated from the text by two or three line intervals, from the border of the left margin. the first copy of the protocol is signed, which is filed by the secretary in the case and kept in accordance with the period determined by the nomenclature of cases.

Judicial practice confirms that improper execution of the minutes of the general meeting as a document having legal force - in particular, the absence of the signature of the chairman of the meeting - is an essential circumstance for recognizing such minutes as null and void - see. for example, the Cassation ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Republic of Karelia dated December 27, 2011 in case No. 33-3868/2011.

It follows that the Protocol ofTHE DATE does not have the property of an official document, and therefore the decisions contained in it do not have any legal force

Section 3. LACK OF QUORUM in case of EXCEEDING COMPETENCE in terms of FORMING THE BODIES OF THE ASSEMBLY

Example #5

To court

federal judge

case participant

ADDITIONAL EXPLANATION

The respondent alleges that there is a decision of the general meeting dated March 28, 2013, at which a decision was allegedly made to elect Management Company Housing Standard LLC as a managing organization. In fact, there is no evidence that the meeting (if it took place) took any decision on three grounds

1. LACK OF RELIABLE INFORMATION ABOUT VOTING PARTICIPANTS

According to Part 3 of Art. 45 LCD RF:

“the general meeting of owners of premises in an apartment building is competent (has a quorum) if premises owners in this House or their representatives holding more than fifty percent of the votes of the total number of votes.”

According to paragraph 2 of part 5 of Art. 181.2 of the Civil Code of the Russian Federation The minutes of the meeting must contain information about the persons who took part in the voting. In violation of these requirements, the minutes of the meeting do not contain information about the persons who took part in the meeting, and therefore there is no evidence that the participants in the meeting actually had, in aggregate, a sufficient number of votes, giving the right to make decisions.

In full accordance with Article 60 of the Code of Civil Procedure of the Russian Federation, the above requirements for

"information about persons" indicate that proving the eligibility of a meeting is allowed only by information about the persons who took part in the voting:

i) the original Register of participants in the meeting with their signatures and

ii) original Bulletins - Decisions of the meeting participants with their signatures - but no other means of proof;

This evidence is not provided., thus the presence of a quorum is not proven.

It can be seen from the content of the agenda of the meeting that the issue of electing the counting commission was not submitted to the decision of the voting participants. Meanwhile, according to part 5 of Art. 181.2 of the Civil Code of the Russian Federation The minutes of the meeting must contain information about the persons who conducted the counting of votes (clause 4) and the persons who signed the protocol (clause 5). The literal interpretation of the above provisions of the law comes down to the fact that one person is counting the votes, and the protocol is signed by others.

In the Methodological recommendations approved by the order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated July 31, 2014 No. 411 / pr on the procedure for organizing and holding general meetings of owners of premises in apartment buildings, paragraph 13 of section VII establishes that "to summarize the results of the general meeting in In the form of absentee voting, a counting commission is created, the members of which are elected at the general meeting.

According to paragraph 17 of section VII of the mentioned Methodological recommendations members of the counting commission sign the Protocol separately about the Chairman and the secretary of the meeting.

Taking into account the requirements for certain means of proof (Article 60 of the Code of Civil Procedure of the Russian Federation), proving the eligibility of the counting commission is allowed only by the election of other persons to it, in addition to those elected by the meeting of the chairman and secretary. No such evidence has been presented, therefore there is no reason to believe that the voting results were determined in the manner prescribed by law

According to part 5 of Art. 46 of the Housing Code of the Russian Federation only if the decision becomes binding on all owners of premises in an apartment building, if it is taken in the prescribed manner and on issues within the competence of such a meeting. A direct violation of the procedure established by law for the formation of a counting commission deprives the summing up of the results of the meeting of legitimacy, such a decision has not acquired legal force, it is not mandatory for the owners of the premises

3. EXCEEDING THE COMPETENCE OF THE MEETING WHEN FORMINGASSEMBLY BODIES

According to Part 3 of Art. 181.2 Code of Civil Procedure of the Russian Federation

Vasilyeva D.R. is indicated in the Minutes as the secretary of the meeting, but she cannot be either a participant in the meeting, much less elected to the elective position of secretary of the meeting, since she was not the owner of the premises at the time of the meeting. On November 7, 2016, a representative of Yarunov’s organization, in support of Vasilyeva’s authority to participate in the meeting, submitted a power of attorney certified by Housing Standard Management Company LLC to participate in the meeting D.R. Vasilyeva. from her relative Shafigullin R.V., who received a certificate of ownership of the apartment in December 2013 - 8 months after the meeting.

From this it follows, firstly, that at the time of execution of the power of attorney, specified in the power of attorney, the principal did not have the right of ownership and transferred powers that he did not have. And secondly,

LLC "MC Housing Standard" did not have the right of the managing organization at the time of execution of the power of attorney; this organization acquired the status of the managing organization after the meeting.

According to Part 1 of Art. 46 ZhK RF

The protocol of the general meeting of owners of premises in an apartment building is an official document.

Since the Protocol is not signed by a secretary who has the right to participate in the meeting, it has acquired the features of an official document, such a document is considered void, regardless of whether it is recognized as such by the court.

Conclusion

According to the current legislation, the decision of the meeting may be challenged; in this case, the term "disputable transaction" is used. But in the case under consideration, only our indication of the nullity of the decision of the meeting is sufficient - in paragraph 1 of Art. 185.3 of the Civil Code of the Russian Federation states:

The decision of the meeting is invalid on the grounds established by this Code or other laws, by virtue of its recognition as such by the court (disputable decision) or regardless of such recognition (void decision).

According to paragraph 2 of Art. 185.5 of the Civil Code of the Russian Federation

Unless otherwise provided by law, the decision of the meeting is void if it ... is adopted in the absence of the necessary quorum

No evidence of a quorum was provided. According to Art. 60 of the Code of Civil Procedure of the Russian Federation, the failure to provide evidence of a certain type cannot be compensated by any other means of proof.

According to Part 1 of Art. 46 ZhK RF

The minutes of the general meeting of owners of premises in an apartment building is an official document.

Since the formed Protocol did not acquire the features of an official document due to the absence of the signature of the secretary of the meeting and the absence of signatures of the members of the counting commission. Such a document is considered null and void regardless of whether it is recognized as such by the court.

Under the circumstances, there is no reason to believe that

That the meeting actually took place;

That an appropriate number of participants in the meeting took part;

That the meeting duly formed the bodies of the meeting (counting commission; chairman and secretary);

That decision sheets were actually distributed to the participants;

That the participants noted in the decision forms all the necessary details, including their registered ownership;

That the commission elected by the assembly carried out the counting of the votes;

That the members of the counting commission signed the results of the vote;

That the chairman and the secretary, who has the right to participate in the meeting, have drawn up the minutes with their signatures

I PLEASE reflect in the reasoning part of the court decision this circumstance, which is of decisive importance for the correct resolution of the case.

EXAMPLE #6 -OF SIGNING THE PROTOCOL BY AN UNAUTHORIZED PERSON AND COUNTING OF VOTES BY UNELECTED COUNTING COMMISSION

To court

plaintiffs

Defendant HOA

STATEMENT OF CLAIM

on the application of the consequences noah transaction

We became aware of the existence of Minutes No. 4 of the decision of the meeting held from 12 to 26 May 2015 on the approval of the conclusion audit commission, on the approval of the estimate, on the renaming of the fund and other issues (Appendix No. 2). We believe that the decision of this meeting is void and we raise the issue of applying the consequences of the invalidity of the void decision to the court, in support of which we present the following arguments

1 - According to Part 5 of Art. 46 of the Housing Code of the Russian Federation, the decision of the general meeting of owners of premises in an apartment building becomes “binding for all owners of premises in an apartment building, including for those owners who did not participate in the vote”, only if it is adopted “in the manner prescribed by this Code, on matters within the competence of such a meeting”. However, during the general meeting of owners, the procedure established by law was violated, and many times in the form

Non-compliance with the procedure for issuing a protocol (ii)

i) It follows from the content of Minutes No. 4 that the agenda did not provide for the election of members of the counting commission. However, the Protocol contains an entry:

Members of the counting commission (owners of the premises who took part in the counting of votes)

1. Vorobieva Olga Nikolaevna (apartment 147);

2. Barshina Olga Yurievna (room 78)

Whence it follows that the counting commission was not elected by the meeting, and the participants in the meeting Vorobyova O.N. and Barshina O.Yu. do not have the authority to count the votes cast by the meeting participants. Housing legislation provides for the scope of competence of the general meeting of owners - part 2 of Art. 44 LCD RF. Within the limits of competence, the powers of the general meeting of owners to violate the established procedure for counting votes are not indicated, and the right of any persons who do not have special powers to perform the duties of members of the counting commission is not indicated.

Since the issue of electing members of the counting commission was not included in the agenda at all, the appearance of any voting results is excluded; no voting results have been properly summed up on any issues on the agenda, and therefore no decisions have legal consequences.

ii) According to Part 3 of Art. 181.2 Code of Civil Procedure of the Russian Federation

Meeting minutes are signed by the chairman and secretary

The meeting is opened and chaired by the Chairman of the Board of the HOA "Privolnoye" - Mzhelsky V.M. Secretary of the meeting - Yarkova L.L.

Since the meeting participants did not elect the secretary of the meeting, Yarkova L.L. did not receive from the meeting the authority to participate in the preparation and signing of the Minutes of the meeting. Without the signature of the secretary, the Protocol loses the mandatory details of the document.

According to term No. 8 from GOST 7.0.8 - 2013 "System of standards ... Terms and definitions"

Official document: A document created by an organization official or a citizen, issued in the prescribed manner ke

According to Part 1 of Art. 46 ZhK RF

Minutes of the general meeting of owners of the premises and in an apartment building is an official document.

Since the formed Protocol has not acquired the features of an official document, such a document is considered void, regardless of whether it is recognized as such by the court.

2 - The competence of the general meeting is limited to Part 2 of Art. 44 ZhK RF; the meeting does not have the right to accept for its consideration any issue included in the agenda; the meeting has the right to consider only those issues that are affected by the LC RF. But the housing legislation does not allow the adoption of decisions by the meeting without the formation of a counting commission and without the election of a secretary of the meeting. According to paragraph 3 of Art. 185.5 of the Civil Code of the Russian Federation

Unless otherwise provided by law, the decision of the meeting is void if it ... is taken on an issue that does not fall within the competence of the meeting

3 - According to the current legislation, the decision of the meeting may be challenged; in this case, the term "disputable transaction" is used. But in the case under consideration, only our indication of the nullity of the decision of the meeting is sufficient - in paragraph 1 of Art. 185.3 of the Civil Code of the Russian Federation states:

Simultaneously with the indication of the nullity of the decision of the meeting, we raise before the court the question of the application of the consequences of the invalidity of the void decision in full accordance with Art. 12 of the Civil Code of the Russian Federation

Based on the above, guided by art. eighteen; 46 of the Constitution of the Russian Federation, articles 1, 4, 8, 44, 45; 46 ZhK RF; article 16 of the Consumer Rights Protection Law; articles 8, 12, 166-169; 182.1; 185.1 of the Civil Code of the Russian Federation; articles 131-132 of the Code of Civil Procedure of the Russian Federation

In order to apply the consequences of the invalidity of a void decision of the general meeting, RECOGNIZE the decision of the general meeting as having no legal consequences

APPENDIX

1. Receipt of payment of state duty 300 rubles

2. Minutes of the meeting (copy)

Approved

by decision of the General Meeting of Owners of Premises in , located at
0,

Position
on the Counting Commission of the General Meeting
apartment building owners,
located at address 0

I. General provisions

1. The text of this Regulation uses the following abbreviations and :

RF Housing Code - Housing Code Russian Federation;

MKD - an apartment building located at: 0;

General meeting - a general meeting of owners of the premises of an apartment building located at address 0;

Owners - adult and capable owners of residential and non-residential premises located in the MKD, legal representatives of minors and incapacitated owners and legal entities owning premises in the MKD;

Council of the MKD - the Council of the MKD, elected by the General Meeting and acting in accordance with Article 161.1 of the LC of the Russian Federation and the Regulations on the Council of the MKD;

The Counting Commission is an independent working body of the General Meeting of Owners of the Premises of an Apartment Building located at
0, elected by the general meeting and performing the functions of ensuring equal rights of all MKD Owners to participate in the General Meeting when voting on issues, as well as a reliable determination of the results of the will of the Owners at such a meeting;

MA - an organization that manages MKD.

2. This Regulation has been developed in accordance with the Regulations on the General Meeting of Owners of the Premises of an Apartment Building Located at Address 0 (hereinafter referred to as the Regulations on the General Meeting) and determines the procedure for the formation and activities of the Counting Commission.

3. In its activities, the Counting Commission is guided by the Housing Code of the Russian Federation, other regulatory documents of the Russian Federation, decisions of the General Meeting of the Owners, the Regulations on the General Meeting and these Regulations.

4. The Counting Commission, in order to fulfill its powers and functions, interacts with the MKD Council.

5. If the decisions of the General Meeting of the Owners and (or) the Regulations on the General Meeting establish a rule that differs from the rule of these Regulations, the rules established by the decisions of the General Meeting of the Owners and (or) the Regulations on the General Meeting shall apply.

6. If any issues related to the convening, preparation and holding of the General Meeting are not regulated by the norms of legislation, rules, established decisions of the General Meeting of the Owners, and (or) the Regulations on the General Meeting, and (or) these Regulations, then they must be decided by the Counting Commission based on the need to maximize the rights of the Owners to participate in the General Meeting.

7. The rules provided for by these Regulations apply to the actions of the Chairman of the General Meeting in terms of performing the functions of the Counting Commission when electing a new composition of the Counting Commission, when the powers of the previous composition of the Counting Commission at the time of the General Meeting expired or terminated ahead of schedule.

II. Formation procedure, composition and status of the Commission

8. The Counting Commission is elected at the General Meeting for a period of two years.

9. Any able-bodied Owner at least 18 years of age can be a member of the Counting Commission, with the exception of members of the MKD Council and persons nominated as candidates for members of the MKD Council.

10. The number of members of the Counting Commission is established at the General Meeting of the Owners and should be at least three and not more than nine, while each section of the MKD should, if possible, have at least one member of the Counting Commission.

11. The list of candidates for election to the Counting Commission is compiled by the initiator of the general meeting of the Owners based on the results of the proposals of the Owners of each section of the MKD, as well as in the order of self-nomination. Owners - legal entities have the right to nominate their representative from among the Owners. The nomination of candidates begins from the moment of notification of the General Meeting of Owners, and ends no later than 2 days before the date of the General Meeting of Owners.

12. A candidate member of the Counting Commission cannot be elected to the Counting Commission without his consent, expressed in writing or orally directly at the General Meeting.

13. If a member of the Counting Commission is nominated as a candidate for the MKD Council and agreed to be elected to this body, then until the moment the results of voting on this issue are summed up, his powers as a member of the Counting Commission are suspended.

14. Members of the Counting Commission are elected by separate voting for each candidate by a majority vote of the Owners present at the general meeting of the Owners.

At the suggestion of the Chairman of the General Meeting and by the decision of the Owners, in the absence of votes "against", the election of members of the Counting Commission may be carried out for the entire proposed list of candidates.

15. The Counting Commission is valid from the date of adoption at the General Meeting of the Owners of the decision on the election of the Counting Commission until re-election at the General Meeting or the expiration of the term of office.

16. One month before the expiration of the term of office of the Counting Commission, the Counting Commission informs the Owners of the upcoming termination of its powers and initiates the General Meeting of Owners to elect a new composition of the Counting Commission. If, for any reason, the General Meeting is not held, or a new composition of the Counting Commission is not elected at it, then after two years from the moment of election, the powers of the Counting Commission are automatically terminated.

17. In case improper performance duties, the Counting Commission may be re-elected ahead of schedule by the General Meeting of Owners.

18. In necessary cases, and also in the case when the number of members of the Counting Commission is reduced to three people or less, the Counting Commission within a month initiates a general meeting of Owners for by-elections (elections) to the Counting Commission.

If the number of members of the Counting Commission becomes less than three, the remaining members of the Counting Commission have the right to make a decision only on applying to the Council of the MKD for the election of the Counting Commission at the next General Meeting.

19. Any member of the Counting Commission may resign early on the basis of a personal application submitted to the Chairman of the Counting Commission, and may also be prematurely excluded from its composition by decision of the general meeting of the Owners.

20. The Chairman of the Counting Commission may resign his powers ahead of schedule on the basis of a personal application submitted in writing to the Chairman of the Council of the MKD, and may also be prematurely deprived of his powers by decision of the general meeting of the Owners.

21. The powers of a member of the Counting Commission and the Chairman of the Counting Commission are terminated due to the loss of ownership of the premises in the MKD.

22. In case of early resignation or termination of the powers of the chairman and (or) secretary of the Counting Commission, the members of the Counting Commission shall elect a new chairman and (or) secretary of the Counting Commission within a month at their meeting.

23. In the event of early termination of the powers of a member of the Counting Commission, the powers of the other members of the Counting Commission shall not be terminated, except for the case when the number of members of the Counting Commission becomes less than three.

III. Decisions of the Counting Commission

24. The place, time and procedure for holding a meeting of the Counting Commission are determined by its chairman based on the need.

25. The decision taken by the Counting Commission may be canceled or changed by making a different decision by the Counting Commission.

26. Cancellation of the decision may be made in case of violation of the procedure established by law, and (or) the Regulations on the General Meeting, and (or) these Regulations, the voting procedure, which resulted in the impossibility to reliably determine the results of the expression of the will of the participants in the General Meeting;

IV. Functions of the Counting Commission

27. The main tasks of the Counting Commission are to ensure an equal opportunity for the participation of all persons entitled to participate in the General Meeting and a reliable determination of the will of the participants in the General Meeting on issues submitted for decision by the General Meeting.

28. The counting commission performs the following functions:

1) checks the powers and registers the persons participating in the General Meeting, maintains a list (register) of registration of the Owners;

2) keeps records of powers of attorney and other documents on the basis of which the representatives of the Owners act on behalf of the Owners;

3) issues draft decisions (ballots) for voting and other information (materials) to registered participants of the General Meeting;

4) determines the quorum of the General Meeting, as well as the quorum for certain agenda items, for which the quorum is determined separately in accordance with the requirements of the LC RF;

5) clarifies the issues arising in connection with the exercise by the participants of the General Meeting of the right to vote at the meeting;

9) makes decisions (ballots) with voting results, counts votes and sums up voting results;

10) draw up protocols on the results of the counting of votes and on the results of voting;

12) submit for storage to the Chairman of the Council of MKD protocols on the results of the count of votes and on the results of voting, lists (registers) of registration of participants in the General Meeting, accounting for powers of attorney and other documents confirming the right of the meeting participant to act on behalf of the Owner, decisions of the Owners (ballots) with the results of voting , as well as summary tables and other documents on the voting results;

13) performs other functions stipulated by the Regulations on the General Meeting and these Regulations.

V. Rights and obligations of members of the Counting Commission

29. Members of the Counting Commission, when exercising their rights and performing their duties, must act to ensure the rights and interests of the Owners, exercise their rights and perform their duties conscientiously and reasonably.

30. A member of the Counting Commission has the right to:

1) demand from the Owners the information (documents and materials) necessary to ensure the holding of the General Meeting;

2) get acquainted with the minutes of the Counting Commission;

3) to require the inclusion in the minutes of the Counting Commission of his dissenting opinion on issues and decisions made.

31. A member of the Counting Commission is obliged:

1) know the main provisions of the LC RF, as well as the Regulations on the General Meeting and these Regulations;

2) act within their rights, in accordance with the goals and objectives of the Counting Commission;

3) act reasonably, in good faith, with due diligence in relation to ensuring the rights of the Owners;

4) act in the interests of all MKD Owners, and not individual Owners, officials and other persons of the MA and other organizations;

5) not to disclose information about the personal data of the Owners that has become known to him;

6) initiate meetings of the Counting Commission to resolve urgent issues;

7) attend meetings of the Counting Commission;

8) participate in the preparation and holding of General Meetings;

9) make informed decisions, for which purpose study all the necessary information (materials) and bring to the attention of all members of the Counting Commission all, without exception, information related to the decisions made;

10) inform the Counting Commission in a timely manner about issues requiring a decision by the Counting Commission;

11) inform the chairman and other members of the Counting Commission of the facts of violation of acts, the Regulations on the General Meeting, these Regulations and other documents regarding the rights and interests of the Owners that have become known to him;

12) answer the questions of the participants of the General Meeting;

14) perform other functions provided for by the Regulations on the General Meeting and these Regulations.

VI. Chairman and Secretary of the Counting Commission

32. The Chairman and Secretary of the Counting Commission are elected from among its members by a majority vote of those present at the meeting of the Counting Commission.

33. The counting commission has the right to re-elect its chairman and (or) secretary at any time.

34. Members of the Counting Commission have the right to elect a Deputy Chairman, who performs the functions of the Chairman during his absence.

35. The Chairman and Secretary of the Counting Commission have all the rights of a member of the Counting Commission.

36. The Chairman of the Counting Commission is entrusted with all the duties of a member of the Counting Commission, except that he:

1) organizes the work of the Counting Commission;

2) convene meetings of the Counting Commission and chair them;

3) informs the members of the Counting Commission in advance about holding meetings and events for the preparation and holding of General Meetings;

4) notifies the members of the Counting Commission about the place and time of the events for the preparation and holding of the General Meetings;

5) ensures that minutes are kept at the meetings of the Counting Commission;

6) represents the Counting Commission before the Owners;

7) signs, together with the rest of the members of the Counting Commission, the protocol on the results of voting at the General Meeting;

8) signs the minutes of the meetings of the Counting Commission;

9) performs other functions provided for by the Regulations on the General Meeting and these Regulations.

37. The secretary of the Counting Commission is entrusted with all the duties of a member of the Counting Commission, in addition to this, he:

1) acts as Secretary of the General Meeting, keeps and draws up the minutes of the General Meeting;

2) keeps and draws up minutes of the meetings of the Counting Commission;

3) keeps a record of all incoming, outgoing and prepared documents for the MKD and promptly transfers them for storage to the chairman of the MKD Council;

4) ensure the preparation of documents for the meetings of the Counting Commission;

5) sends to the members of the Counting Commission the documents necessary for them to perform their functions;

6) organizes technical preparation (printing, reproduction, distribution) for the preparation of draft decisions (ballots) for voting at the General Meeting;

7) signs the minutes of the General Meetings;

8) signs, together with the rest of the members of the Counting Commission, the protocol on the results of voting at the General Meeting;

9) signs the minutes of the meetings of the Counting Commission;

10) carry out other actions for the organizational and technical support of the activities of the Counting Commission as directed by the chairman of the Counting Commission;

11) performs other functions stipulated by the Regulations on the General Meeting and these Regulations.

VII. Activities carried out by the Counting Commission
in preparation for the General Meeting

38. When preparing for the General Meeting, the Counting Commission:

1) by decision of the Council of MKD, the Owner or the initiative group, on whose initiative the General Meeting is convened (hereinafter referred to as the initiator of the General Meeting), may send (hand over) draft decisions (ballots) for voting during the General Meeting in the case that provides for the preliminary distribution of draft decisions (ballots) for voting, as well as during the General Meeting in the form of absentee voting;

2) send (deliver) to the Owners the information (materials) of the General Meeting provided in preparation for the General Meeting.

40. The form and text of the decision (ballot) are provided to the Chairman of the Counting Commission by the initiator of the General Meeting, within the period necessary for the timely production of the required number of decisions (ballots).

41. The number of produced bulletins should not be less than the number of MKD Owners, while taking into account the number of items on the agenda of the General Meeting.

42. The ballot must contain:

1) information about the Owner and, if necessary, his representative participating in the voting (last name, first name and patronymic);

2) information about the document confirming the person participating in the vote for the premises in the MKD (number of the apartment, apartment, share in the ownership of the apartment, number and date of issue of the document confirming the ownership);

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

If the decision (ballot) contains the names of the candidates, they are entered on the ballot in order.

4) a place for the personal signature of the Owner or his representative.

43. The voting ballot accurately reproduces the form and text of the ballot approved by the initiator of the General Meeting. In the case of putting to the vote several variants of a decision on one issue of the agenda, they may be included in one voting ballot, while the variants of the decision shall be sequentially numbered and separated from each other.

The bulletin reproduces the text of the draft decision on the agenda item of the General Meeting.

44. In case of withdrawal of some candidates (lists of candidates) after the ballots have been produced and if it is impossible or significant difficulties to produce new ballots, the Counting Commission, at the direction of the initiator of the General Meeting, crosses out the data on the relevant candidates (lists of candidates) in the ballots.

VIII. Registration of participants of the General Meeting

45. Those who took part in the General Meeting, held in the form of joint attendance to discuss the agenda items and make decisions on the issues put to the vote, are the Owners who have registered to participate in it.

46. The Owners whose ballots are received no later than the deadline for acceptance of voting ballots by the Counting Commission are considered to have taken part in the General Meeting held in the form of absentee voting.

47. The Counting Commission checks the powers and registers the persons participating in the General Meeting.

48. When registering, the Counting Commission must keep the following documents:

1) list (register) of registration of participants of the General Meeting;

2) a list (register) of powers of attorney and other documents confirming the right of the meeting participant to act on behalf of the Owner.

The Counting Commission, on its own initiative, may keep the indicated documents for sections of the MKD, as well as combine both forms into a common list (register) of registration of participants in the General Meeting.

The Counting Commission, if necessary, may maintain other registration forms and journals.

The documents drawn up during registration are an annex to the minutes of the General Meeting and are stored with it.

49. Registration begins and ends at the time specified in the notice of the General Meeting.

50. When registering, the participants of the General Meeting shall present to the members of the Counting Commission a document confirming the person's ownership of the premises in the MKD, as well as the following documents:

1) Owner (natural person) - an identity document;

2) representative of the Owner (individual) - a power of attorney on behalf of the Owner and an identity document of the representative;

3) representative of the Owner (legal entity) - a power of attorney on behalf of the legal entity and an identity document of the representative;

4) the head of the legal entity that is the Owner of the MKD premises - a document confirming it official position in accordance with applicable law, and an identity document.

In the absence of the established documents, these persons cannot take part in the meeting.

51. Members of the Counting Commission:

1) certify the identity of the participant of the General Meeting and his ownership of the premises in the MKD;

2) affix registration marks and issue against signature in the register (list) to the Owners and their authorized representatives draft decisions (ballots) for the Owners to make decisions on issues put to a vote, as well as other materials to be distributed to the meeting participants.

52. The owners of the premises and their authorized representatives shall sign in the register (list) in receipt of the draft decision (ballot) for voting, as well as other materials to be distributed to the meeting participants.

53. A meeting participant has the right to refuse to receive a voting ballot, which is indicated in the registration list (register) by a member of the Counting Commission.

54. Powers of attorney and other documents confirming the right of a participant in the General Meeting to act on behalf of the Owner shall be handed over to the Counting Commission upon registration. At the request of a participant of the General Meeting, copies of these documents may be submitted.

55. Based on the results of registration of the participants of the General Meeting, the Counting Commission determines the presence or absence of a quorum of the General Meeting and draws up a protocol of the results of registration of participants in the General Meeting and issued draft decisions (ballots) for the Owners to take a decision on the issues put to a vote. The content of the minutes is announced by the Chairman of the Counting Commission at the General Meeting.

If necessary, the Counting Commission reports to the participants of the General Meeting on the presence of a quorum for each item on the agenda of the General Meeting.

56. The General Meeting is competent (has a quorum) if it is attended by the Owners of MKD premises, having more than fifty percent of the votes of the total number of votes.

57. If the General Meeting is held in the form of absentee voting, registration is carried out by the members of the Counting Commission on the basis of the list (register) of registration upon delivery to the Owner of the draft resolutions of the Owners (ballots) for voting on the issues included in the agenda. In case of sending decisions (ballots) by registered mail the participant of the meeting sends his decision (filled-in ballot) to the address indicated in the notice of the meeting with copies of the documents listed in paragraph 50 of these Regulations attached.

The quorum in case of absentee voting is determined by counting the number of votes of the Owners based on the received decisions of the Owners (ballots) for voting and comparing the result with the total number of votes of the Owners in the MKD.

60. Issues arising in connection with the exercise by the Owners of the right to vote at the General Meeting may be sent orally or in writing to the Chairman of the Counting Commission.

61. Filling in the ballots by the participants of the meeting is carried out on the spot, without using voting booths.

62. If a voter believes that he made a mistake when filling out a ballot, he has the right to apply to a member of the Counting Commission with a request to issue him a new ballot to replace the damaged one. A member of the Counting Commission issues a new ballot to the voter, making an appropriate mark in the list (register) of issuing ballots for voting against the last name this person. The spoiled ballot shall be canceled and a mark shall be made in the list (register) of issuance of ballots.

63. The Counting Commission collects ballots for voting. Completed voting ballots are handed over to the members of the Counting Commission against the signature of the participant of the General Meeting and the member of the Counting Commission.

64. A member of the Counting Commission is immediately suspended from participation in its work, and other persons are removed from the premises for the work of the Counting Commission if they try to interfere with the work of the Counting Commission or the exercise of the right of a meeting participant to vote. The decision on this is made by the Counting Commission by a three-quarters majority vote of those participating in the work.

65. If the General Meeting is held in the form of absentee voting, the decisions of the Owners (ballots) on the issues put to the vote are accepted by the members of the commission before the deadline for their acceptance at the place or address indicated in the notice of the General Meeting in the form of absentee voting.

66. Members of the Counting Commission determine the results of voting personally. The counting of votes is carried out openly and publicly by all members of the Counting Commission.

67. The counting of votes begins immediately after the end of the voting time and is carried out without interruption until the establishment of the voting results, which must be notified to all members of the Counting Commission, the Chairman of the General Meeting.

68. After the end of the voting time, the members of the Counting Commission cancel the unused voting ballots (in this case, the voting fields with the wording "for", "against" and "abstained" are not allowed to be damaged), then they announce and enter the number of unused ballots, as well as spoiled ballots , in the protocol on the results of voting at the General Meeting.

69. Members of the Counting Commission sort the ballots, and after it is carried out, they count the votes based on valid ballots.

71. Invalid ballots are counted and totaled separately. In case of doubt when declaring a ballot invalid, the Counting Commission decides the issue by voting, while the reasons for its invalidity are indicated on the back of the ballot. This entry is confirmed by the signatures of at least three members of the commission. The number of invalid ballots is recorded in the protocol of voting results.

72. When voting by means of written decisions of the Owners (ballots), votes are counted on issues in which the voting Owner left only one of options voting. These decisions (ballots) drawn up in violation of this requirement shall be recognized as invalid, and votes on the issues contained in them shall not be counted. In the event that the decision of the Owner (ballot) on the issues put to the vote contains several issues put to the vote, failure to comply with this requirement with respect to one or more issues does not entail the recognition of the said decision as invalid as a whole.

Ballots without the signature of the Owners or their representatives are invalid.

73. When voting at the General Meeting with the joint presence of the Owners, when voting is carried out by means of an oral questioning of each Owner about the decision taken by him on each issue of the agenda, the Counting Commission puts in the register (list) the appropriate wording “for”, “against” or “ abstained”, and each Owner confirms with a personal signature the results of his vote.

74. The Chairman of the Counting Commission clarifies and announces the data entered into the protocol of voting results.

75. It is not allowed to fill in the protocol of voting results with a pencil and make any changes to it. When signing the minutes, members of the Counting Commission who do not agree with the content of the minutes have the right to attach a dissenting opinion to the minutes, about which an appropriate entry is made in the minutes.

76. Members of the Counting Commission have the right to use technical means counting of votes, as well as to prepare and use summary tables for counting votes in advance.

77. If the General Meeting is held in the form of absentee voting, the counting of votes is carried out at the time appointed by the Chairman of the Counting Commission on the next day after the deadline for taking decisions of the Owners (ballots).

78. Minutes of the Counting Commission do not need to be approved by the General Meeting or approved by the Council of the MKD.

79. A member of the Counting Commission who does not agree with the protocol as a whole or with its individual provisions has the right to attach a dissenting opinion to the protocol, about which an appropriate entry is made in the protocol.

Special opinions of the members of the Counting Commission, as well as complaints (applications) received by the Counting Commission regarding violations of laws, and (or) the Regulations on the procedure for holding a meeting, and (or) these Regulations and decisions taken on these complaints (applications) are attached to the minutes. Certified copies of dissenting opinions, complaints (statements) and decisions of the Counting Commission may, if necessary, be attached to the second and subsequent copies of the protocol, if the protocol is drawn up in two or more copies.

80. In the minutes of the meeting of the Counting Commission, in addition to the information mandatory for the protocols on the results of voting at the General Meeting, the following shall be indicated:

1) type of the General Meeting (annual or extraordinary);

2) full address of MKD;

3) form of the General Meeting (meeting or absentee voting);

4) the date of the General Meeting;

5) the place of the General Meeting held in the form of a meeting (the address where the meeting was held);

6) the surnames and initials of the members of the Counting Commission, or the surname and initials of the Chairman of the General Meeting in case he performed the functions of the Counting Commission;

7) the date of drawing up the minutes of the Counting Commission on the results of voting at the general meeting.

8) the agenda of the General Meeting;

9) start time and end time of registration of persons who had the right to participate in the General Meeting held in the form of a meeting;

10) the time of opening and closing of the General Meeting held in the form of a meeting, and if the decisions taken by the General Meeting and the results of voting on them were announced at the General Meeting, also the time of the beginning of the counting of votes;

82. Minutes of the meetings of the Counting Commission are signed by all members of the Counting Commission participating in the meeting, and on the same day, together with the lists (registers) of registration of participants in the General Meeting, accounting of powers of attorney and other documents confirming the right of the meeting participant to act on behalf of the Owner, decisions of the Owners ( ballots), as well as summary tables on the results of voting are transferred to the chairman of the Council of the MKD.

83. If errors and inconsistencies are found in the protocols of vote returns and (or) summary tables of vote returns or if there are doubts about the correctness of the protocols and (or) summary tables, the chairman alone or the Counting Commission, by a majority of votes, has the right to decide to conduct a recount of votes.

84. If, after signing the protocol of voting results and (or) the summary table and sending their first copies to the Chairman of the General Meeting, the Counting Commission reveals an inaccuracy in them (a typo, a typo or an error in the calculation of data), it has the right to consider the issue of making adjustments to the protocol and (or) the summary table. The Counting Commission without fail informs the Chairman of the General Meeting about the decision taken. In this case, the Counting Commission draws up a protocol on the results of voting, on which the mark “Repeated” is made. The said minutes shall be immediately sent to the Chairman of the General Meeting.

XII. Final provisions

87. Financial support The activities of the Counting Commission are carried out in accordance with the Regulations on the General Meeting.

88. Amendments and additions to these Regulations are carried out only on the basis of a decision of the General Meeting, adopted by a majority of votes from the total number of Owners who took part in this meeting.

89. If, as a result of changes in the legislation and acts of the Russian Federation, certain norms of this Regulation come into conflict with them, then these norms lose their force and, until the amendments are made to this Regulation, they are guided by the legislation of the Russian Federation.

Chairman of meeting

Meeting Secretary

Hello.

The Housing Code of the Russian Federation does not regulate issues related to the election of a counting commission during a general meeting of MKD owners.

As a rule, when holding a general meeting, the owners are guided by the Order of the Ministry of Construction of Russia of July 31, 2014 N 411 / pr “On approval of the approximate terms of the contract for the management of an apartment building and methodological recommendations on the procedure for organizing and holding general meetings of owners of premises in apartment buildings”. This document contains the Methodological Recommendations, which were developed in accordance with the norms of the Housing Code of the Russian Federation in order to assist the owners of premises in MKD in the preparation and holding of a general meeting, both in person and in absentia (see: Preamble).

IV. Preparation for the general meeting
6. Initiator ( initiative group) has the right to carry out other actions related to the holding of a general meeting (identification of all owners in this apartment building; preliminary survey of the opinions of the owners of premises in an apartment building on the choice of a method for managing such a house; identifying organizations specializing in managing apartment buildings; determining the share of each owner in the common property of an apartment building; determination of candidates for the chairman of the general meeting, secretary, counting commission, etc.).
VI. Holding a general meeting of owners in person
form (meeting)
Notice of the general meeting
2. In the case of the agenda of each general meeting, it is recommended to include questions on the election of the chairman of the general meeting, the secretary of the general meeting, the composition of the counting commission of the general meeting.
Summing up the voting results at the general meeting
16. Summing up the results of voting on the issues included in the agenda of this general meeting is carried out by the counting commission, whose members are elected at the general meeting.
Registration of decisions of the general meeting
22. The minutes of the general meeting are drawn up in writing, signed by the chairman of the general meeting and the secretary of the general meeting, as well as members of the counting commission. The minutes must indicate the date and place of the general meeting, agenda, quorum, decisions taken on each issue of the agenda, expressed as “for”, “against” or “abstained”. Approximate form the minutes of the general meeting is given in Appendix No. 3 to these Recommendations.
VII. Holding a general meeting in the form
absentee voting
Summing up the results of the general meeting in the form
absentee voting
13. To sum up the results of the general meeting in the form of absentee voting, a counting commission is created, the members of which are elected at the general meeting.
15. The minutes of the general meeting in the form of absentee voting shall be drawn up in writing, signed by the chairman of the general meeting and the secretary of the general meeting, as well as members of the counting commission. The minutes must indicate the date and place of summing up the results of absentee voting, the agenda, the quorum, the decisions taken on each issue of the agenda, expressed as “for”, “against” or “abstained”. An approximate form of the minutes of the general meeting in the form of absentee voting is given in Appendix No. 5 to these Recommendations.

From the above, we can conclude: 1) Methodological recommendations are advisory, not mandatory 2) Met. the recommendations do not establish requirements for the composition of the counting commission.

Perhaps such requirements are contained in the previously adopted decision of the owners of premises in the MKD on the procedure for holding a general meeting, incl. that only owners of the premises of this MKD can be members of the counting commission. In this case, there will be an obligation to comply with such rules.

However, at the level of legislation there is no rule that only owners of MKD premises can be members of the counting commission.

Reading time: 9 min

At meetings of persons owning private property in an apartment building, any topic relating to real estate is put to a referendum. The counting of votes at the general meeting of MKD owners and the process of holding this event regulates the collection can be carried out both in person and in absentia. Summing up the meeting of homeowners in the HOA should also be carried out in accordance with the established rules.

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The procedure for conducting voting and the features of counting votes at the OSS MKD, in accordance with the norms of the Russian Parliament

The Housing Code allows this procedure to be carried out even if the number of real estate owners present at the meeting is less than 50 percent of the total. The meeting requires some preparation, and the items on the agenda should reflect the interests of the housing cooperative.

The results at the general meeting of homeowners should be calculated according to the established rules. To do this, you need to draw up a protocol sheet, in which all persons present at the vote will be entered.

The writing of the protocol is carried out strictly according to the model. It should contain comprehensive information about the process. There are two options for debriefing. Owners have the right to vote not only "for" and "against", in the ballot it is also necessary to indicate the column - "abstain".

There is a set of rules and a procedure for counting votes at a general meeting of MKD owners. Summing up the results must be done correctly. Meetings always appoint a responsible person for the implementation of this event.

To have an idea of the order of this process, consider the main points:

OSS, thanks to the legislation, is endowed with a number of powers. The list includes the method of management, choice of company, approval tariff rates relatively repair work and their start date.
Meetings are held regularly. All members are notified in advance, by means of announcements or letters (custom form).
Without a protocol examination, no decision can be made.
Owners who do not have the opportunity to attend in person may issue a power of attorney for any person at their discretion or vote in absentia if such a format was intended in the notification.
All documentation is filled out strictly according to the model.

Watch the video:"Conducting internal-absentee voting."

Regulations for the procedure

The procedure for holding a meeting and a referendum should be organized. Votes are counted at the general meeting of homeowners after the event is completed. Most often, this happens behind closed doors by selected persons - an initiative group, the House Council, a representative of the Criminal Code. They bear full responsibility for the transparency of the process.

The main nuances of the procedure:

The form of voting can be full-time, part-time and part-time.
A quorum must be maintained.
Mandatory record keeping.
The result is recorded in the registry. The calculation specifies how many people participated in the process and their data:
- FULL NAME.;
- apartment number and its footage;
- contact details.
The person who initiates the meeting must notify all property owners. This event must be carried out no later than ten days in advance.

Note: the observance of formalities gives the meeting legitimacy, which is documented.

Bulletin - its function, requirements for compilation and storage

Counting Commission

The approval of the counting commission is a fundamental moment. Full list persons are indicated in the protocol and kept for three years. The composition may include both legal entities and individuals. The main thing is that they are the owners of real estate in a particular house.

To take part in the counting commission, it is necessary that the tenants choose this person. The number and composition is also established by voting. Those who do not own property in the MKD are not eligible to become a member of the House Council.

Note: the main task of the commission is to certify the correctness of the procedure and ensure the impartiality of the calculation. It is supposed to be considered behind closed doors, and the decision is to be made in writing on a public information board.

Number of votes for a decision

Each tenant has a voice. Units (percentage) are equal to the footage of the property. Consider an example: a person owns an apartment of 50 m 2, and according to the register, the total area of \u200b\u200bMKD is 4000 meters, respectively, out of 4000, 50 are in his competence.

A third of all votes is sufficient to make a decision. Using a calculator, you can find out that in this situation the number is - 1739.

The calculation is made according to the formula: divide the total area of the MKD by 2 / 3.

The concept of quorum

Quorum means the number or percentage required for a meeting or session to take place. The number of voters must not be less than 2 / 3 about the total population. To determine the quorum, a simple calculation is required.

Example: if the apartment is 43 m 2, and the area of the house is 5000, then: 43/5000 * 100 \u003d 0.86% (the percentage taken into account in the referendum for this tenant).

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Calculator for counting votes at a meeting of residents of MKD

Real estate can be not only an apartment, but also utility rooms. The owners of such areas also have the right to vote. To make the calculations correctly, you can use a calculator.

Often it is created in Excel format on its own or use a tool on the Internet. To do this, you need to drive in the search line "calculator for voting at the meeting." The global network will issue several links upon request, from which the desired option is selected. Then, the user needs to set the organization parameters and maintain information.

Voting procedure persons in the minutes of the general meeting of residents in the MKD

A legal entity can also be the owner of real estate and their rights at meetings are equivalent to other owners.

To carry out this procedure and calculate the number of votes, you can use the step-by-step instructions:

Appointment of a group of initiative people.
Conducting a meeting.
Create a register of MKD owners.
Notify all residents of the upcoming meeting.
An authorized representative must be declared from the organization. Those citizens or firms that have chosen representatives from themselves must provide them with a power of attorney to participate in the general meeting of the owners of the premises.
Based on the amount of company property in the MKD, the percentage of votes depends.
Conducting a referendum in person.
Entering information into registration sheets.
Public announcement of results.
Keep all documentation.

On a note: entity is obliged to provide the OGRN and TIN of the company. The protocol specifies the number of the power of attorney by which the representative of the organization votes. All owners must familiarize themselves with the register and endorse it with a signature.

Requirements for registration of voting results of an apartment building by homeowners

Counting does not require you to have special skills, but everything should be transparent so that you do not need to re-check the results later.

Principles and requirements:

Compilation of the register and minutes.
The documents prescribe the definition of a quorum and the composition of the counting commission.
Ballots and sheets are checked and counted manually.
During this process, observers must be present. Controversial points imply additional verification.
Availability of powers of attorney from persons who are representatives of the owners.

Note: the design of all accompanying documents should be strictly according to the samples.

Voting sheet

The progress of any meeting must be recorded in writing. The percentage of votes of the owners is needed to make a decision after the count. Summing up is done by sheets. The status of the tenant affects the design of the form.

Individual indicates:

FULL NAME.;
apartment number and footage;
passport data.

The organization is obliged to provide - OGRN and TIN of the company.

If any data is missing from the sheet, then this is considered a violation.

What information should be included in the voting protocols of tenants

Each protocol must contain the required details:

Document's name.
Date and number.
The essence of the meeting or voting.
Signatures of responsible persons.
The place where the documentation will be stored.

Note: all participants in the process must sign the protocol.

Can a tenant of an MKD check the voting protocol and how to do it

Documents are often forged by interested parties, therefore, a check of the protocol is provided, if there are prerequisites for the voting being held with violations. It is necessary to form an independent commission from the side of the management company or from the owners.

Additionally, you can contact the GZhI for verification.

Power of attorney for voting at the general meeting of owners

The nuances of voting depending on the form of the convocation of residents

Voting can take many forms:

full-time;
correspondence;
part-time.

The number of documents that will be processed depends on the method chosen.

full-time

The face-to-face process is problematic if there are many apartments and residents in the MKD. After determining the quorum, it may turn out that the presence of 100 or more people will be required. Therefore, a competent organization is necessary.

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The results should be reported separately for each question. The votes must be counted on the basis of the ballots and guided by the minutes of the meeting.

Correspondence

The correspondence process implies more loyal conditions. The counting commission has a lot of time to count the votes and more residents of the MKD can come to the meeting. The bulletin in this case is simplified, that is, general. The owner only needs to check the box and sign.

Part-time

The mixed process implies the presence of a common ballot and individual voting sheets. This form is rarely used. A similar procedure is carried out if there is a shortage of those present at the meetings. The votes for the two documents are counted separately and then added together.

Watch the video:"How to achieve a quorum at the general meeting of owners."

In all three cases, ten days are given to draw up the protocol. Subject to formalities and lack of contentious issues, the registry is registered and the procedure can be considered closed. Before voting, it is necessary to hold several meetings at which the form of the process and the composition of the counting commission are determined.

Finding a person who can count - what could be easier? But in order to count the votes of owners at a general meeting, you need knowledge and a desire to communicate. The general meeting of owners of premises in MKD is a specific event where completely different and often unpleasant people meet. They argue, swear and at times use foul language. The meeting must be conducted in such a way as to get a decision made by its results, and not a fight.

The leader of the general meeting in housing law is called the chairman; the person who draws up the papers is the secretary of the general meeting. The votes of the meeting participants are counted by the members counting commission of an apartment building. In the future, the chairman, secretary of the general meeting and members of the counting commission will be called responsible persons.

From this article you will learn:

how to approach the selection of candidates;
what powers do the responsible persons have;
how often to elect them;
what threatens the absence of an elected counting commission.

How to choose members of the counting commission

Requirements for those who can be elected as responsible persons of the general meeting are not established by law. Practice tells them.

Any individual or legal entity can be elected to the role of the responsible person of the general meeting, even if he is not the owner of the premises in this MKD. We recommend the MA and housing associations to propose their employees for election to the responsible persons of the general meeting. It is even better if these people are visually known to the owners of the premises in the MKD and are respected.

Let's deal with quantity. The chairman is one person, the secretary too. This may be the same person, but only for a "small" general meeting. For example, in MKD, where there are no more than 30 apartments. In a house with a large number of rooms, it will be difficult for the chairman of the meeting to keep minutes in parallel. The counting commission may consist of one or more people - the legislation does not regulate this either.

Remember that the success of the meeting and its legitimacy will depend on the competence of the responsible persons.

We do not recommend giving general meeting participants a wide choice. Suggest one, maximum two names for voting. A larger number of candidates will cause unnecessary confusion of the voters, who will require clarification: who is this, in what apartment does he live, why exactly he (she), etc.

You can download an example of the protocol on our website: Minutes of the general meeting of owners of premises in MKD

What are the powers of those responsible at the general meeting

The duties of the chairman, secretary of the general meeting, members of the counting commission are not defined by law. They are formed by a large practice of general meetings throughout the country.

The chairman is elected to lead the meeting of owners, and the secretary - to maintain and draw up the minutes.

Members of the counting commission are elected at the general meeting so that they count the votes of the participants and sum up the results of voting on each issue on the agenda. Members of the counting commission identify invalid decision forms and check the credentials of the representatives of the owners.

Based on the results of the meeting, the chairman, secretary and members of the counting commission who carried out the counting of votes sign the minutes of the meeting of owners. This is defined in par. 3–5 st. 181.2 of the Civil Code of the Russian Federation and clause 21 of the Requirements for the execution of minutes of general meetings of owners of premises in apartment buildings, approved. by order of the Ministry of Construction of Russia dated December 25, 2015 No. 937 / pr.

Question

Is it necessary to pay for the work of the chairman, secretary and members of the counting commission of an apartment building?

It does not provide for the remuneration of responsible persons at the general meeting of the RF LC. But such a decision can be made by the general meeting of owners of premises in the MKD. To do this, the owners must determine the amount of remuneration and the procedure for its payment. Put these items on the agenda for the shareholders' meeting. Include the costs of remuneration of responsible persons in the costs of financing the general meeting. This approach is consistent with the provisions of paragraph 3.5 of part 2 of Art. 44 LCD RF.

How they elect

The chairman and secretary of the general meeting, as well as members of the counting commission, are elected directly at the general meeting of owners of premises in the MKD. Such conclusions are confirmed in the Methodological recommendations on the procedure for organizing and holding general meetings of owners of premises in apartment buildings, approved. by order of the Ministry of Construction of Russia dated July 31, 2014 No. 411 / pr (hereinafter referred to as the Methodological Recommendations).

The procedure for choosing a management company: an algorithm for the actions of owners

Question

Who will sign the minutes of the general meeting if the owners have not chosen a chairman, secretary or counting commission?

The minutes of the general meeting of owners of an apartment building must always be drawn up, and it must be drawn up according to the rules.

If the issue of electing the chairman, secretary of the meeting, members of the counting commission is included in the agenda of the meeting, but the owners rejected the proposed candidates, the minutes are signed by the initiators of the meeting. This is enshrined in clause 21 of the Requirements for the execution of minutes of general meetings of owners of premises in apartment buildings, approved. by order of the Ministry of Construction of Russia dated December 25, 2015 No. 937 / pr.

How often to elect members of the Audit Chamber

The Ministry of Construction of Russia recommends that the agenda of each general meeting include questions on the election of the chairman, secretary and members of the counting commission (clause 2, section VI of the Methodological Recommendations; see figure). But these issues will overload the agenda of future meetings and increase the risk of owners rejecting proposed candidates in the future.

To avoid this problem, you can define the duration of the powers of the elected persons. To do this, supplement the agenda with relevant issues. Since the term of office of responsible persons is not limited by law, the meeting can set any convenient period - for example, a year.

If the chairman or secretary, who has been elected for a certain period, cannot attend any meeting, simply put the question of electing other persons on the agenda. But if someone from the counting commission cannot participate, then its composition will need to be approved again.

Consequences of the absence of the chairman, secretary and members of the counting commission of an apartment building at the meeting

Information about the chairman, secretary and persons who counted votes at the meeting, as well as their signatures in the minutes, are mandatory details of the minutes of the general meeting of owners. If this information is not in the protocol, it means that it is issued with violations.

A significant violation of the rules for drawing up minutes, including the rule on the written form of the minutes, may lead to the invalidity of the decision of the meeting (subclause 4, clause 1, article 181.4 of the Civil Code of the Russian Federation).

The court, taking into account all the circumstances of the case, has the right to leave the decision in force if (part 6 of article 46 of the LC RF):

considers that the absence of signatures in the protocol specified persons is not a material breach;
the decision did not result in damages to the owners who are appealing against it.