Minutes of a meeting of residents of an apartment building
Content
The reform of the housing and communal services system made it possible to transfer many issues regarding the management and maintenance of residential buildings to the discretion of the property owners. A procedural document that allows you to exercise all the powers to manage a building is the protocol of the general meeting of residents of the building (in our case, an apartment building, hereinafter referred to as the MKD).
| Documents for apartment owners | |
|---|---|
| Sample minutes of the general meeting of residents of the house (.docx file)[16.1 KB] | Minutes form for the meeting of residents of the house (.docx file) [59.7 KB] |
What issues do residents meet about?
Any legal owner of residential premises in an apartment building has the right to take part in resolving issues related to the management of the house.
This right is exercised in the form of a meeting of residents authorized to adopt almost any issues:
- maintenance of the local area;
- MKD property management;
- approval of an agreement with the selected company to manage and maintain the building;
- creation of a homeowners association;
- other issues referred by law to the powers of owners.
Based on the results of a scheduled or extraordinary meeting, it is mandatory to draw up minutes of the meeting of residents. This document is the only way to record the will of the owners to take legally significant actions in relation to the property and site of the house .
By holding an annual meeting, you can replace the management company and hear its report on the work done. Since this document may subsequently be challenged in court proceedings, increased requirements are placed on its content and proper completion.
To collectively resolve issues, residents gather as a group of citizens, and every legal owner of the premises in an apartment building can participate in it. If the owners are a local government authority, it has equal powers to participate in the meeting and approve decisions.
The voting procedure on all issues is carried out based on the distribution of votes between the owners in proportion to the living space they occupy.
Why draw up a protocol?
The minutes of the meeting of residents of the house are drawn up based on the results of the regular or extraordinary meeting, and in order must contain:
- details of the meeting (place, date);
- an agenda of issues submitted for consideration, which are communicated to residents in advance;
- the presence of a quorum determined from the total number of participants in the meeting;
- the results of the selection of the secretary and chairman of the meeting;
- summed up voting results for all decisions on the agenda.
A sample decision and protocol of homeowners can be generated already at the stage of preparation for the meeting.
In advance of the date of the meeting, citizens have the right to submit comments or additions on all issues specified in the agenda, as well as the format of the event.
The form of the minutes of the general meeting of owners of an apartment building is not regulated by law, however, many Internet resources dedicated to reforming the housing and communal services system offer citizens standard samples of the minutes of a general building meeting for any options for holding it.
During the process of voting at a meeting of residents and filling out the minutes, the following important decisions can be made:
- selection of one of the forms of management of apartment buildings (approval of a draft agreement with the management company; HOA, choice of a direct form of management);
- approval of the final agreement with the selected management company;
- approval of the composition of mandatory and additional services and works for the maintenance of apartment building property;
- termination of the contract with the management company due to inadequate quality of services provided;
- approval of tariffs for individual services for the maintenance of apartment buildings;
- approval of the decision to rent out certain premises of the apartment building to third parties.
Thus, without properly filling out this document, not a single legally significant action can be taken aimed at exercising the powers to manage the house.
How to draw up a protocol correctly?
How to draw up minutes of a meeting of residents of an apartment building? Before the meeting begins, it is necessary to determine the presence or absence of a quorum. To do this, members of the counting commission count the participants who have decided to participate in the meeting.
The total amount of living space attributable to participating citizens must be over 50% of the total area of the apartment building. This information is recorded on a registration sheet, which is attached to the meeting materials after the event.
Keeping and filling out the minutes is entrusted to the secretary and the chairman of the meeting. These responsible persons must be selected by the votes of the participants present from candidates proposed by the residents themselves.
In practice, in every apartment building there are proactive citizens who are ready to participate on an ongoing basis in the procedural formalization of the results of meetings.
A sample of the minutes of a general meeting of residents of an apartment building, which is used to record the process of the meeting and summarize its results, is usually available to the initiators of the meeting.
The minutes of the meeting of homeowners of an apartment building on the selection of a management company is the most important procedural document , as it determines the conditions for managing the MDK for at least one year.
From the moment the decision is approved and the final protocol is signed, the choice of meeting participants becomes mandatory for all residents, even if they were absent from the event.
The legal basis for concluding an agreement with the management company is the minutes of the meeting of residents of an apartment building, a sample of which can be found on our website in the appropriate section.
One copy of the final document must be sent to the management company, after which it is possible to conclude an agreement.
The example of drawing up the minutes of a meeting on the adoption of a tariff for the maintenance of a house and repair of an apartment building deserves special attention, since this document establishes the monetary obligations of citizens to pay for the services provided.
From the moment the decision is approved, the tariff increase becomes mandatory for all residents from the date specified in the document.
Instructions for drawing up a protocol
The instructions for drawing up a protocol provide for compliance with the mandatory attributes and nuances of the document. Requirements for completion and content are regulated in Order of the Ministry of Construction of the Russian Federation No. 937/pr, and provide for sending copies to housing supervision authorities.
Mandatory requirements that must be met when drawing up a document include:
- attributes of compilation (date, name, etc.), document serial number;
- title to the main part of the document , as well as the actual content;
- necessary attachments , which include the register of meeting participants, notification of premises owners about the event, as well as other documents that were considered by the residents.
The maintenance and execution of the minutes form is carried out by the secretary of the meeting, who is elected by votes of the general meeting.
The current legislation regulates the written form of this document, and the period for preparation cannot exceed 10 days from the date of the meeting (tenants can set a shorter period for preparing the minutes).
The minutes are signed not only by the secretary of the meeting, but also by the person presiding over the meeting. In addition, the document contains signatures of members of the counting commission who counted votes on each issue on the meeting agenda. In some cases, the protocol must also contain the signatures of the owners of the apartment buildings.
Registration and voting sheet
In order to properly record the composition of the participants, as well as the decisions they make, two legally significant documents must be completed in the process of maintaining minutes:
The registration sheet is filled out upon presentation by the meeting participant of the title documents for the residential premises (certificates, extracts from the Unified State Register of Real Estate), as well as a passport.
In this form, not only information about the participant must be filled out, but also information about the size of the living space belonging to him.
Information from registration sheets will serve as the basis for drawing up a register of meeting participants, as well as determining the required quorum for decision-making.
The specified voting sheet is filled out separately for each participant and must provide for the possibility of one of three elections for each decision on the agenda of the event:
- behind;
- against;
- abstained.
The meeting may provide separate voting sheets for individual issues, or a single sheet per participant. Upon completion of the voting procedure, these sheets are transferred for storage to a responsible person approved by the meeting.
Upon receipt of the completed sheets, the counting commission counts the votes and announces the final decision. To approve an item on the meeting agenda, the approval of more than 50% of the owners of premises in the apartment building is required.
Thus, if the quorum has barely exceeded half of the residents of the apartment building, any decision will actually require unanimous approval on all issues on the agenda.
Loading...