Order of the Ministry of Construction and Housing and Public Utilities of the Russian Federation. The procedure for transferring copies of decisions and minutes of general meetings of owners of premises in apartment buildings to the authorized executive bodies of the constituent entities of the Russian Federation that carry out state housing supervision
Order of the Ministry of Construction of Russia dated January 31, 2018 N 54 / pr On approval of the Methodology for verifying the implementation of the main event Fulfillment of state obligations to provide housing for categories of citizens established by the federal legislation of the state program of the Russian Federation Providing affordable and comfortable housing and utilities for citizens of the Russian Federation
The list of verified accounting files of citizens - recipients of residential premises in the property free of charge, recipients of residential premises under a social tenancy agreement, recipients of a lump-sum cash payment for the purchase or construction of residential premises provided as part of the implementation transferred in accordance with the Federal Law "On Amendments to the Federal Law" On the status of military personnel" and on the provision of housing for certain categories of citizens" to state authorities of the constituent entities of the Russian Federation of the powers of the Russian Federation to provide housing for citizens dismissed from military service (service), and persons equated to them (the audit was carried out from ____ to ____ 20__ ) Executive authority of the constituent entity of the Russian Federation _____________________________________________ (name of the executive authority of the constituent entity of the Russian Federation authorized to exercise the delegated powers)
"On approval of the requirements for the format of electronic documents submitted for the state examination of project documentation and (or) the results of engineering surveys and verification of the reliability of determining the estimated cost of construction, reconstruction, overhaul of capital construction projects"
Edition of 05/12/2017 - Valid from 09/25/2017
MINISTRY OF CONSTRUCTION AND HOUSING AND UTILITIES OF THE RUSSIAN FEDERATION
ORDER
dated May 12, 2017 N 783/pr
On approval of requirements for the format of electronic documents submitted to conduct the state examination of project documentation and (or) the results of engineering surveys and verification of the reliability of determining the estimated cost of construction, reconstruction, overhaul of capital construction facilities
1. Approve the attached requirements for the format of electronic documents submitted for the state examination of project documentation and (or) the results of engineering surveys and verification of the reliability of determining the estimated cost of construction, reconstruction, overhaul of capital construction projects.
2. Recognize as invalid the orders of the Ministry of Construction and Housing and Communal Services of the Russian Federation:
3. This order comes into force after one month from the date of its official publication.
4. To impose control over the execution of this order on the Deputy Minister of Construction and Housing and Communal Services of the Russian Federation Kh.D. Mavliyarova.
Minister
M.A. LESS
APPROVED
by order of the Ministry of Construction
and housing and communal services
Russian Federation
dated May 12, 2017 N 783 / pr
REQUIREMENTS FOR THE FORMAT OF ELECTRONIC DOCUMENTS SUBMITTED FOR STATE EXAMINATION OF PROJECT DOCUMENTATION AND (OR) RESULTS OF ENGINEERING SURVEYS AND RELIABILITY OF DETERMINATION OF THE ESTIMATED COST OF CONSTRUCTION, RECONSTRUCTION, CAPITAL REPAIRS
1. This document defines the requirements for the format of electronic documents submitted for the state examination of project documentation and (or) the results of engineering surveys and verification of the reliability of determining the estimated cost of construction, reconstruction, overhaul of capital construction facilities (hereinafter, respectively - Requirements, services, electronic documents ).
2. To receive services, electronic documents are submitted in the form of files in xml format (except for the cases specified in paragraph 3 of these Requirements).
Schemes to be used to generate documents in xml format (hereinafter referred to as xml-schemes) are posted on the official website of the Ministry of Construction and Housing and Communal Services of the Russian Federation (hereinafter referred to as the Ministry) in the Internet information and telecommunication network (hereinafter referred to as the Internet) and come into effect after three months from the date of placement.
After posting on the official website of the Ministry on the Internet a new xml for the relevant document within three months from the date of its entry into force, access to the xml-scheme that has ceased to be valid is provided.
3. If there is no xml-scheme on the official website of the Ministry to be used to generate the corresponding electronic document, electronic documents are submitted in the following formats:
a) doc, docx, odt - for documents with textual content that does not include formulas (with the exception of the documents specified in subparagraph "c" of this paragraph);
b) pdf - for documents with textual content, including those containing formulas and (or) graphic images (with the exception of documents specified in subparagraph "c" of this paragraph), as well as documents with graphic content;
c) xls, xlsx, ods - for documents containing summaries of costs, a summary estimate of the cost of construction, object estimates (estimates), local estimates (estimates), estimates for certain types of costs.
4. Electronic documents submitted in the formats provided for in paragraph 3 of these Requirements must:
a) be formed in a way that does not involve scanning a document on paper (except for the cases provided for in clause 5 of these Requirements);
b) consist of one or more files, each of which contains text and (or) graphic information;
c) provide the ability to search the text content of the document and the ability to copy the text (except when the text is part of a graphic image);
d) contain a table of contents (for documents containing data structured in parts, chapters, sections (subsections)) and bookmarks that provide navigation through the table of contents and (or) to the figures and tables contained in the text;
e) be formed for each section (subsection) of the project documentation and contain in the title the words "PD Section N", as well as "PD N subsection" (for a subsection within a section) indicating the serial number of the section, subsection;
f) do not exceed the size limit of 80 megabytes (if the size limit is exceeded, the document is divided into several, the name of each file is supplemented with the word "Fragment" and the serial number of the file obtained as a result of division).
5. If the project documentation contains documents to be submitted in xml or xls, xlsx, ods formats, such documents are formed as a separate electronic document in compliance with the naming rules provided for in paragraph 4 of these Requirements.
6. In cases where the original document is issued and signed by an authorized authority or organization on paper (with the exception of project documentation), as well as when preparing an information and certification sheet provided for in paragraph 7 of these Requirements, it is allowed to generate an electronic document by scanning directly from the original document (the use of copies is not allowed), which is carried out while maintaining the orientation of the original document at a resolution of 300 dpi (scale 1:1) using the following modes:
a) "black and white" (in the absence of graphic images and (or) color text in the document);
b) "shades of gray" (if the document contains graphic images other than a color graphic image);
c) "color" or "full color mode" (if there are color graphics or color text in the document).
7. Submitted electronic documents are signed using an enhanced qualified electronic signature (hereinafter referred to as the electronic signature) by persons authorized to sign them in accordance with the legislation of the Russian Federation, and in the cases provided for in clause 6 of these Requirements, by persons authorized to submit documents for provision of services.
Project documentation formed in the form of an electronic document is signed by the persons involved in its development, regulatory control and approval, and if it is impossible to provide them with an electronic signature, an information and certification sheet on paper containing the name of the electronic the document to which it is issued, the names and signatures of persons not secured with an electronic signature, the date and time of the last change of the document. Such an information and certification sheet is scanned in accordance with paragraph 6 of these Requirements, and the electronic document generated as a result of scanning is signed by a person authorized to provide documents for the provision of services using an electronic signature.
As you know, May 8, 2015 order of the Ministry of Construction RF No. 882 / pr “On approval of information disclosure forms by organizations operating in the field of apartment building management” was registered with the Ministry of Justice and entered into force on the 25th.
This order contains a list of 13 forms, which, according to clause 2 of Decree of the Government of the Russian Federation No. 988 dated September 27, 2014 “On Amendments to the Information Disclosure Standard ...”, must be filled out and posted electronically on the Housing Reform website, and at the stand in the office of the management company in printed form.
In other words, now all information about the activities of your company should be open and transparent not only for the inspection authorities, but also for the residents covered by this Criminal Code. Moreover, the information is laid out not in an arbitrary format as before, but in the forms approved for this by the Ministry of Construction.
Forms must be completed both electronically and printed on paper. A paper version is necessary to issue an information stand in the office of your company. The electronic version will be stored on the website Housing reform and on . So, more about these forms.
Form creates content
All forms marked 1 relate directly to the activities of your management company. And the forms marked 2 relate directly to information about each MKD. Note that all forms starting with 2 , are filled for each individual apartment building.
Where and how to fill out forms
As we said earlier, forms are filled out in 3 places (Housing and communal services reform, the website of the Criminal Code, stands). Let's take a closer look at how to fill out all these forms on the Housing Reform website. First, you need to register there. After registration, a personal account will open for you to fill in personal data.
On the right there will be a button "Go to information disclosure". By clicking on it, you apply for registration of your MC. After its approval and approval, the “Workspace” will open for you, in which, in fact, the entire workflow will take place. Please note that you must be assigned the status of Administrator of the MA on the site so that you can enter and correct your data.
Now we go directly to the "Workspace". To the left of you is a panel with sections. You need to go to the "Disclosure" section. In the "Management of operators" subsection, you need to specify the name of your UK, TIN, your name and email address.
Next, go to the second subsection "My organizations". An Organization Questionnaire will open here, in which you need to fill in all the indicated fields, especially those marked with *. On the left you will again have a panel with the subsections "Requisites", "General information", "Main financial indicators", "Violations", "Licenses", "Archive of profiles".
For all these subsections, you need to click and fill in all the indicated columns. After filling out, do not forget to save your actions.
In the subsection "My houses" information is already indicated for all MKDs that you manage. The Home Profile tab will open. On the left, the "Passport" panel will again be available with subsections: "General information", "Constructive elements", "Engineering systems", "Elevators", "Metering devices".
You will need to go through all these tabs and fill in all the proposed columns. Bring in as many houses as you have under contracts. For each house, information is filled in separately. No field should be left blank.
Next, we fill in all the columns in the sections “Management”, “Works / Services Performed”, “Utilities”, “Common Property”, “Information on Major Repairs” and “General Meetings of Owners”. When you are done with the first house, move on to the second. And so on until the end.
Section "Management reports". Here, too, there are subcategories that are required to be filled out. Go through all the subsections "General Information", "Works/Services Performed", "Claims for the Quality of Works", "Volumes for Utilities", "Utilities", "Claims and Lawsuits". These are reporting documents, so here you need to provide information about the work done or upcoming.
Well, the last section in this category “Archive of questionnaires” requires you to enter information about the past reporting quarterly and annual periods. That is, all the same information is entered for each house as in the previous sections, but with reference to closed reporting periods.
Then there is the "Advanced" tab. Here you need to specify the history of management of each house in the tab of the same name. That is, in the columns provided for filling, write down the subject, his address, the name of his management company, the common house area, the date of commencement and termination of management under the contract. And so on for each individual MKD in your department.
If one of your houses moved to another management company or, conversely, came to you from some management company, then this must also be indicated. For this there is a special subsection "Transfer of control".
That seems to be all that needs to be filled in. Yes, it is a long, painstaking and tedious job. But by filling in all these fields once, you can get all the information on your MC website through integration with our platform, as well as print all the completed forms on paper.
All work is done automatically, you no longer have to drive anything manually.
How to create a website of the Criminal Code from the available data on the Housing and Utilities Reform in 10 minutes and print materials for stands, read the article
"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"
Edition of 07/31/2014 - Valid from 07/31/2014
MINISTRY OF CONSTRUCTION AND HOUSING AND UTILITIES OF THE RUSSIAN FEDERATION
ORDER
dated July 31, 2014 N 411/pr
ON THE APPROVAL OF EXAMPLE CONDITIONS OF THE MANAGEMENT AGREEMENT FOR AN APARTMENT BUILDING AND METHODOLOGICAL RECOMMENDATIONS ON THE PROCEDURE FOR ORGANIZING AND HOLDING GENERAL MEETINGS OF OWNERS OF PREMISES IN APARTMENT BUILDINGS
1. Approve the attached:
a) Approximate terms of the contract for the management of an apartment building;
2. The Department of Housing and Communal Services, Energy Saving and Energy Efficiency (O.N. Demchenko) and the Administrative and Personnel Department (A.A. Martynov), within 10 days from the date of signing this order, ensure its placement on the official website of the Ministry of Construction and housing and communal services of the Russian Federation in the information and telecommunication network Internet.
3. To impose control over the execution of this order on the Deputy Minister of Construction and Housing and Communal Services of the Russian Federation A.V. Lapwing.
Minister
M.A.MEN
APPROVED
Russian Federation
dated July 31, 2014 N 411/pr
EXAMPLE TERMS AND CONDITIONS OF AN APARTMENT BUILDING MANAGEMENT CONTRACT
In order to provide services by the managing organization and perform work on the proper maintenance and repair of common property in an apartment building, to ensure the provision of utility services to owners and users of premises in an apartment building, as well as to carry out other activities aimed at achieving the goals of managing an apartment building in an apartment building management agreement ( hereinafter referred to as the management agreement), it is recommended to include the following exemplary conditions:
1. Condition on the parties to the management agreement.
1.1. The management agreement with the managing organization as the executor under the agreement is concluded by the following persons acting as the customer under such an agreement:
a) owners of residential and non-residential premises in an apartment building;
b) a partnership of homeowners, a housing, housing-construction cooperative or other specialized consumer cooperative;
c) persons who accepted from the developer (the person providing the construction of an apartment building) after the issuance of a permit to put the apartment building into operation, the premises in this house according to the deed of transfer or other transfer document;
d) the developer of an apartment building, in cases where the developer cannot manage the apartment building due to non-compliance with the standards and rules for managing apartment buildings, approved by Decree of the Government of the Russian Federation of May 15, 2013 N 416.
1.2. The management agreement contains information about the persons authorized to conclude such an agreement, as well as information about the grounds for the emergence of the authority (right) for these persons to conclude such an agreement, which are:
a) for the persons specified in subparagraph "a" of subparagraph 1.1 of these exemplary conditions:
Documents confirming the ownership of residential (non-residential) premises in an apartment building;
Minutes of the general meeting of owners of premises in an apartment building, at which a decision was made to choose the management of a managing organization as a way to manage an apartment building (hereinafter referred to as the minutes of the general meeting). Depending on the in-person or absentee form of the general meeting, the minutes of the general meeting are drawn up in accordance with the approximate form given in Appendix No. 3 or Appendix No. 5 to the Methodological Recommendations on the procedure for organizing and holding general meetings of owners of premises in apartment buildings, approved by this order;
Minutes of the open tender for the selection of the managing organization<*>;
<*>This condition applies to cases in which the managing organization is selected by competition by a local government body in cases provided for by the housing legislation of the Russian Federation.
b) for the persons specified in subparagraph "b" of subparagraph 1.1 of these exemplary conditions:
Charter of a homeowners' association, housing, housing construction or other specialized consumer cooperative;
Minutes of the general meeting, at which a decision was made to choose the management of a managing organization as a way to manage an apartment building;
Minutes of the general meeting at which a decision was made on the choice of a managing organization in the person of the managing organization with which the management agreement is concluded;
c) for the persons specified in subparagraph "c" of subparagraph 1.1 of these exemplary conditions:
Identity document (for individuals), charter (for legal entities);
Copies of permission to put the apartment building into operation and transfer acts or other documents on the transfer of premises in the apartment building;
Power of attorney (if the contract is concluded by another person by proxy);
d) for the persons specified in subparagraph "d" of subparagraph 1.1 of these exemplary conditions:
Permission to put an apartment building into operation;
The decision of the management body of the developer of an apartment building, authorized in accordance with the charter to make decisions on the conclusion of management contracts.
2. A condition on the place of execution of the management agreement indicating the address of the apartment building and the composition of the common property of the apartment building, in respect of which management will be carried out (an approximate form for describing the composition and technical condition of the common property of the apartment building is given in Appendix No. 1 to these exemplary conditions).
3. Condition on the subject of the management agreement (composition of works performed under the management agreement, services rendered and (or) types of activities referred by the legislation of the Russian Federation to the sphere of management of apartment buildings, including:
a) a list of works and services for the proper maintenance and repair of common property in an apartment building;<*>
<*>It is indicated on the basis of the minimum list of services and works necessary to ensure the proper maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of 04/03/2013 N 290, or based on an expanded list that may include a list of works, services for the maintenance of common property of an apartment building houses, a list of works on the current repair of the common property of an apartment building, a list of unforeseen works of a current and capital nature.
b) a list of utilities, the provision of which to owners and users of premises in an apartment building is provided under a management agreement in the manner established by the Rules for the provision of utility services to owners and users of premises in an apartment building, approved by Decree of the Government of the Russian Federation dated May 6, 2011 N 354 ( hereinafter referred to as the Rules for the provision of public services), depending on the degree of improvement of such a house;
c) a list of works and services for the management of an apartment building that comply with the rules for the implementation of activities for the management of apartment buildings, the standards for managing an apartment building (approved by Decree of the Government of the Russian Federation of May 15, 2013 N 416) and aimed at achieving the goals of managing an apartment building specified in parts - 1.2 of Article 161 of the Housing Code of the Russian Federation;
d) a list of services (works) for major repairs that can be provided and performed by the managing organization or other contracting organization.<*>
<*>It is included in the management agreement by decision of the general meeting of owners of premises in an apartment building, taking into account the requirements provided for by the Housing Code of the Russian Federation, if the management agreement does not provide for the procedure for the provision and performance of such services, works under a separate agreement.
4. Condition on the date of commencement of the provision and (or) performance of the works (services) and types of activities listed in paragraph 3 of these exemplary conditions, the frequency and timing of their performance, the timing of the delivery and acceptance of works (services).
5. Condition on the procedure for carrying out activities to manage an apartment building, including the procedure for interacting with a homeowners association, housing, housing construction cooperative, other specialized consumer cooperative or developer of an apartment building on issues of managing an apartment building.
6. Condition on the procedure for performing work and (or) providing services for the management of an apartment building, proper maintenance and repair of common property, as well as on the procedure for changing the relevant list of works and services, including information about the initiator of such changes, the form for preparing proposals for making changes and the procedure for their consideration and approval, as well as the procedure for payment for works and services for the management of an apartment building, for the proper maintenance and repair of common property in an apartment building if changes are made to the specified lists of works and services.
7. Condition on the procedure for the provision of utility services, including for general house needs, including an indication of the date from which the managing organization is obliged to start providing utility services<*>, requirements for the quality of communal services provided, the procedure and terms for determining the volume of communal services provided, communal resource (including the procedure and terms for the owner of the premises to take readings of an individual, general (apartment) or room meter (if any) and transfer to the management organization, as well as taking readings of the relevant metering devices and checking their condition by the managing organization in cases provided for by the legislation of the Russian Federation), the grounds and procedure for suspending and restricting the provision of public services, the obligations, rights and responsibilities of the owners and users of premises in an apartment building and the managing organization in relation to the provision ( consumption) utility services, including the procedure and terms for informing the owners and users of premises in an apartment building about the rates and standards for the consumption of utility services or about their change.
<*>In accordance with paragraph 14 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354, the managing organization begins to provide utility services to consumers in an apartment building from the date specified in decision of the general meeting of owners of premises in an apartment building on the choice of a management organization, or from the date of conclusion of an agreement on the management of an apartment building, including with a management organization selected by a local government on the basis of an open tender, but not earlier than the date of commencement of the supply of a communal resource under an agreement on the acquisition of a communal resource concluded by the managing organization with the resource supplying organization.
8. Condition on the procedure for organizing the performance of work on the overhaul of the common property of an apartment building:
a) in the case of the formation of a capital repair fund on a special account: types of services and (or) work on capital repairs that are carried out by the managing organization by decision of the general meeting of owners of premises in an apartment building, both included and not included in the regional capital repair program and paid at the expense of contributions for major repairs, as well as the procedure for their implementation and other conditions;
b) in case of formation of a capital repair fund on the account of a regional operator: types of services and (or) works included in the regional program of capital repairs, in the event that the owners of the premises make a decision on their early implementation and on making additional contributions to pay for the specified works, services ( hereinafter referred to as additional overhaul contributions) of the managing organization, including with subsequent offset of capital overhaul contributions paid to the regional operator, and (or) types and volumes of work not included in the regional overhaul program, if the owners of the premises make a decision on performance of such works and on making additional contributions for the overhaul of the managing organization.
9. Condition on the price of the management agreement, the procedure for determining the amount of the fee for the maintenance and repair of the residential premises, the amount of the fee for utilities, contributions for the overhaul of common property, including those in excess of the minimum contribution or additional contribution, and the procedure for making the relevant fee and contributions, and the order in which they are changed.
The price of the management agreement may be determined on the basis of the planned and contractual cost of the actual work performed and the services provided, included in the list of work, services in accordance with subparagraphs of paragraph 3 of these exemplary conditions, and the cost of utilities determined in accordance with the volumes actually provided to consumers in an apartment building utility services and tariffs for utility resources, approved in the manner prescribed by the legislation of the Russian Federation, while:
a) the amount of payment for the maintenance and repair of residential premises may be determined for the period specified in the management contract based on the planned and contractual cost of works, services included in the list of works, services in accordance with subparagraphs "c", "d" of paragraph 3 of these exemplary conditions , including taking into account targeted funds intended to create reserves to finance repair, as well as unforeseen urgent work, in proportion to the owner’s share in common property in an apartment building and the period (number of months) of payment for the corresponding planned and contractual cost of work, services, in proportion to which the amount of payment for the maintenance and repair of the dwelling is determined. If the management agreement provides for the possibility of creating reserves for financing repairs, as well as unforeseen urgent work at the expense of targeted funds, which the managing organization receives from the owners and users of premises in an apartment building, then the management agreement must contain the procedure for accounting and spending such targeted funds, including cases when these funds are not included in the price of the management agreement.
The amount of payment for the maintenance and repair of a dwelling may be determined for a period of more than one calendar year, taking into account the application of the index specified in the management agreement to the planned and contractual cost of work, services established in the management agreement for the corresponding year of such an agreement.
The amount of the fee for the maintenance and repair of residential premises is subject to change in accordance with the Rules for changing the amount of payment for the maintenance and repair of residential premises in the event of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions, exceeding the established duration, approved by the Decree of the Government of the Russian Federation of August 13, 2006 N 491, as well as the terms of the management agreement;
b) the amount of payment for utilities in the management agreement is determined in the manner established by the rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354, taking into account the procedure for recalculations and changes in such fees established by the said rules;
c) a capital repair contribution in the amount of the minimum contribution is established by the executive authority of the constituent entity of the Russian Federation, and in the amount in excess of the minimum or additional contribution - by the decision of the general meeting of owners of premises in an apartment building similar to the procedure for determining the amount of payment for the maintenance and repair of residential premises according to the types of work, included in the list of works, services in accordance with subparagraph "d" of paragraph 3 of these exemplary conditions, and the period for making such a contribution;
d) the condition on the price of the management agreement may also include the procedure for using funds for the needs of maintaining the common property of the owners of premises in an apartment building received by the management organization as a result of savings, including as a result of energy-saving measures in an apartment building.
10. Conditions on the terms and procedure for paying fees under a management agreement, including provisions on payment methods, which, in accordance with the legislation of the Russian Federation, can be changed by the parties to a management agreement in relation to paying utility bills and methods for issuing payment documents by the management company.
11. Condition on the procedure and cases:
a) admission, in accordance with the provisions of the current legislation of the Russian Federation, representatives of the managing organization to residential or non-residential premises to inspect the common property of an apartment building, including the procedure and frequency for admitting representatives of the managing organization to the residential (non-residential) premises occupied by the owner or user of the premises in this house, and also information on persons authorized to conduct the relevant inspection;
b) access to the places of installation of collective (common house) metering devices for communal resources of organizations that supply water, natural gas, thermal energy, electric energy or transfer these such resources for examination to determine the presence (absence) of the technical feasibility of installing collective (common house) metering devices, their installation, commissioning, as well as checking the condition of such metering devices and distributors, the fact of their presence or absence, verifying the reliability of information provided by consumers about the readings of metering devices and distributors by comparing them with the readings of the corresponding metering device at the time of the check (in cases when the readings of such metering devices and distributors are carried out by consumers).
12. Condition on the procedure for information interaction between the managing organization and the owners or users of premises in an apartment building, including the composition, procedure, cases and terms for providing information related to:
a) with the maintenance of common property in an apartment building, including information on the composition of the common property of an apartment building and the characteristics of its technical condition;
b) with the provision of public services, including meter readings, the number of people living in residential premises, the area of premises;
c) with the execution by the managing organization of the management agreement and the management organization transferred by the owners and users of the premises in the apartment building, including a list of persons authorized by the owners of the premises to carry out information interaction with the managing organization on the management of the apartment building;
d) with the execution by the managing organization of the management agreement and provided by the managing organization to owners and users of premises in an apartment building, including information about the managing organization: about its services, including emergency dispatch service, contact numbers, hours of operation, as well as information about territorial bodies of state housing supervision and municipal housing control;
e) with the procedure for processing personal data of owners and users of premises in an apartment building.
13. Condition on the procedure for consideration by the managing organization of complaints and claims of owners and users of premises in an apartment building, including the period for consideration and liability of the managing organization at the expense of such organization's own funds to the owners and users of premises in an apartment building for a delay in submitting a response (for example, in the form of a reduction the cost of the management fee for the apartment building or the fee for the maintenance and repair of the premises for each day of delay), the form and procedure for the management organization to provide a response to the relevant complaint (claim).
14. Condition on the procedure for the management organization to submit a report on the implementation of the management agreement for the previous year (hereinafter referred to as the report), including the deadline for submitting the report, the responsibility of the managing organization for the delay in submitting the report and the procedure for considering objections from owners and users of premises in an apartment building in relation to the report as a whole or its individual provisions (an exemplary form of the report is given in Appendix No. 2 to these exemplary conditions)<*>.
<*>The form of the report may be approved by the decision of the general meeting of owners of premises in an apartment building.
15. Condition on the procedure for the delivery and acceptance of work performed (services rendered) for the management of an apartment building (including the frequency of signing acts of work performed (services rendered)), for the maintenance and repair of common property in an apartment building, for the provision of public services, including monthly placement in public places of an apartment building of schedules for the performance of work and the provision of services for the maintenance and repair of the common property of an apartment building, the provision of utilities, a list of persons authorized by the owners of an apartment building to interact with the managing organization and signing acts of work performed (services rendered).
16. The condition on the general rules for living in an apartment building and on the use of the common property of the owners of the premises of an apartment building, including the procedure for transferring common property for use to third parties and the conditions for disposing of the funds received as a result of such transfer, the obligation of the managing organization to use the common property in an apartment building only with the consent of the owners of the premises in an apartment building.
17. The condition for organizing the holding of general meetings of owners of premises in an apartment building, which can be drawn up in the form of the Rules for holding a general meeting, establishing the competence, procedure and financial support for convening a meeting, the procedure for preparing, holding and working a general meeting of owners in an apartment building, storage procedures minutes of general meetings.
18. Condition on the procedure for exercising control over the fulfillment by the managing organization of its obligations under the management agreement, including:
a) receiving from the managing organization information on the condition and content of the common property of an apartment building transferred to management (indicating the frequency and form of obtaining such information);
b) participation in inspections of the common property of an apartment building, inspections of the technical condition of engineering systems and equipment in order to prepare proposals for their repair;
c) personal presence of an authorized person and (or) owners of premises in an apartment building during the performance of work (rendering services) of the managing organization or by using video surveillance equipment, familiarization with the acts of the technical condition of the apartment building and, if necessary, signing such acts<*>.
<*>An approximate list of possible methods of control over the fulfillment of the terms of the management agreement is given.
19. Condition on the procedure for registering the fact of violation of the terms of the management agreement, including:
a) the procedure for drawing up an act on the relevant violation (in any form or on the forms of the act prepared by the managing organization, indicating information about the persons authorized to draw up such an act);
b) the procedure for recalculating the amount of payment for the maintenance and current repair of common property downwards on the basis of the fact of violation of the terms of the management agreement;
20. Condition on the rights and obligations of the parties under the management agreement, including the obligations of the owners of premises in an apartment building to provide information necessary for the management organization to fulfill its obligations under the management agreement.
21. Condition on the responsibility of the parties to the management agreement in accordance with applicable law.<*>
<*>In order to delimit responsibility for the maintenance and repair of common property in an apartment building, the parties to the management agreement may sign a scheme for delimiting the responsibility of the managing organization and the owner of the premises in the apartment building.
22. The condition on the procedure for resolving disputes and disagreements, including the condition that disputes and disagreements that may arise in the performance of the terms of the management agreement can be settled through negotiations. In the event that disputes and disagreements that have arisen during the performance of the management agreement cannot be resolved through negotiations, they are subject to resolution in court.
23. Conditions on the duration of the management agreement, the timing of the start and end of activities for the management of an apartment building, the procedure for supplementing, amending, unilaterally refusing to execute the management agreement by the owners of premises in an apartment building, termination (including unilaterally by owners of premises in an apartment building ) and prolongation of the management contract.
24. Conditions on the consequences of the termination of the management agreement and the consequences of early termination of such an agreement.
25. Condition on the procedure for signing and storing the management agreement and annexes to the agreement, an approximate list of which may include:
a) a register of all owners of premises in an apartment building indicating the type of premises (residential / non-residential), the area of \u200b\u200bthe premises, the number of residents and the number of rooms in residential premises);
b) the composition of the common property of an apartment building and its technical condition;
c) a list of technical documentation for the apartment building and other documents related to the management of the apartment building;
d) characteristics of the apartment building and the boundaries of operational belonging;
e) information about the representatives of the managing organization authorized to interact with the owners of premises in an apartment building;
f) information on persons authorized by the owners to interact with the managing organization;
g) the procedure for issuing copies of the management agreement;
h) the procedure for processing personal data of citizens, including owners of premises in an apartment building and users of premises in an apartment building, for the purposes of executing a management agreement;
i) a list of works, services for the management of an apartment building, maintenance and repair of common property in an apartment building, determination of their cost and the amount of payment for the maintenance and repair of residential premises;
j) the procedure for changing the list of works, services for the maintenance and repair of common property in an apartment building;
k) requirements for users of premises in an apartment building, landlords and landlords, ensuring the fulfillment of the terms of the management agreement;
l) a list of public services and the conditions for their provision by the managing organization, requirements for ensuring accounting of the volumes of public services, information on tariffs for public services (resources) and the procedure for determining the amount of payment for public services;
m) the procedure for determining the amount of formation and use of reserves (reserve for current repairs, reserve for unforeseen work);
o) the form of the payment document and the procedure for presenting it for payment under the management agreement;
o) the procedure for monitoring the execution of the management agreement by the managing organization;
p) the procedure for providing the managing organization to the owners and users of premises in an apartment building with information on the execution of the management agreement;
c) the form of the report of the managing organization;
r) the procedure for accepting work, services for the maintenance and repair of common property in an apartment building and the procedure for reducing the payment for the maintenance and repair of residential premises;
s) the form of the act of establishing the fact of non-provision of public services or provision of public services of inadequate quality;
t) the form of the act of work performed and (or) services rendered for the maintenance and repair of common property in an apartment building.
26. Other conditions subject to inclusion in the management agreement by decision of the owners of premises in an apartment building and not contradicting the current legislation, for example, conditions on the obligation of the managing organization:
a) ensure the organization of round-the-clock emergency dispatch services for an apartment building;
b) ensure the storage and updating of the technical documentation for the apartment building and other documents related to the management of the apartment building and making changes to the technical documentation that reflect information about the work performed and the condition of the apartment building in accordance with the results of inspections of the condition of the apartment building, work performed and ( or) services provided;
c) organize and carry out the reception of owners and users of premises in an apartment building on time and in the manner specified in the management agreement;
d) issue certificates, extracts from the personal account to owners and users of premises in an apartment building, within the time limits and in the manner specified in the management agreement;
e) on the basis of a written application by the owner or user of the premises in the apartment building, send his representative to draw up an act on damage to the personal property of the owner or the common property of the apartment building within the period specified in the management agreement;
f) organize the work of collecting fees under the management agreement within the time limits established by such an agreement;
g) conduct a survey of an apartment building with a frequency determined by the management agreement, and, based on the results of such a survey, draw up plans for the current and major repairs of the apartment building, indicating the name of the work, the deadline for the work and their preliminary cost;
h) carry out a review of works and (or) services, the timing of their implementation only by decision of the general meeting of owners of premises in an apartment building.
EXAMPLE FORM OF THE REPORT OF THE MANAGING ORGANIZATION
Report of the managing organization on the work performed during the reporting period<*>works (services) under an apartment building management agreement (hereinafter referred to as the report) contains information:
<*>The year preceding the current year in which the report is submitted is indicated.
a) on compliance during the reporting period of the list, volumes and quality of work and services for the management, maintenance and repair of common property with the requirements of housing legislation and technical regulations;
b) on the types and characteristics of the actually performed work and (or) services rendered under the management agreement, indicating the date of performance of such work (rendering of services);
c) on cases of violation of the terms of the management agreement during the reporting period (number and dates of violations, number of violation-related cases of reduction in payment for the maintenance and repair of residential premises);
d) on the types of communal services provided during the reporting period by the managing organization;
e) on settlements made with organizations for resources supplied under concluded contracts for energy supply (purchase and sale, supply of electric energy (capacity)), heat supply and (or) hot water supply, cold water supply and (or) sanitation, gas supply (including supplies of household gas in cylinders);
f) on cases of violation of the frequency and quality of the provision of public services, including through the fault of the managing organization (number of violations, dates of violations, number of cases related to violations of reduced payments for the maintenance and repair of residential premises);
g) on the consideration of applications (proposals, applications and complaints) received from the owners of the premises, indicating the number and date of receipt of the relevant applications, information on the measures taken by the managing organization to eliminate (account) the proposals, applications and complaints indicated in them - indicating the date of adoption of the relevant decisions and implementation of measures to eliminate them (accounting), as well as data on the number of facts revealed by the results of consideration of the owners' appeals of the facts of damage to common property by actions (inaction) of the managing organization and information on compensation for such damage or on the elimination of damage to common property;
h) on the use of funds from reserves intended for repair (including unforeseen) work, indicating the terms, types, volumes and cost of work performed, as well as cases of excess of the cost of such work over the amounts of created reserves (in the case of the formation of appropriate reserves);
i) on changes in the list of works, services for the proper maintenance and repair of common property in an apartment building, the list of works (services) for managing an apartment building in accordance with the procedure established by the terms of the management agreement, indicating the number, date and content of the relevant changes;
j) on the amounts received by the managing organization under agreements concluded on behalf of the owners of premises in an apartment building for the use of common property of owners of premises in an apartment building (including lease agreements for common property, for the installation and operation of advertising structures), the direction of spending such amounts;
k) on the results of reconciliation of payments for services rendered and work performed on the maintenance and repair of common property in an apartment building;
l) on the amounts of contributions accrued and received in the reporting period for capital repairs, the size of the capital repairs fund as of the date of the report, as well as the amounts used in the reporting period of the funds of the capital repairs fund for purposes (in the case of the formation of the capital repairs fund on a special account regional operator);
m) on penalties, fines, and other sanctions against the managing organization by state housing control and supervision bodies, as well as lawsuits in which the managing organization acts as a plaintiff or defendant.
APPROVED
by order of the Ministry of Construction
and housing and communal services
Russian Federation
dated July 31, 2014 N 411/pr
GUIDELINES
ON THE PROCEDURE FOR ORGANIZING AND HOLDING GENERAL MEETINGS OF OWNERS OF PREMISES IN APARTMENT BUILDINGS
These Guidelines on the procedure for organizing and holding general meetings of owners of premises in apartment buildings (hereinafter referred to as the Recommendations) have been developed in accordance with the norms of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation) in order to assist the owners of premises in an apartment building in preparing and holding a general meeting both in person and in the form of absentee voting.
I. General provisions on the general meeting of owners of premises in an apartment building
1. The general meeting of owners of premises in an apartment building (hereinafter referred to as the general meeting) is the management body of an apartment building (Part 1 of Article 44 of the LC RF).
2. In accordance with Part 2 of Article 44 of the LC RF, the competence of the general meeting includes:
a) making decisions on the reconstruction of an apartment building (including with its expansion or superstructure), the construction of outbuildings and other buildings, structures, structures, the overhaul of common property in an apartment building, on the use of the capital repair fund;
b) making decisions on the choice of the method of forming the capital repair fund, the amount of the contribution for capital repairs in terms of exceeding its size over the established minimum contribution for capital repairs, the minimum amount of the capital repair fund in terms of exceeding its size over the established minimum size of the capital repair fund (in if the law of the constituent entity of the Russian Federation establishes the minimum amount of the capital repair fund), the choice of a person authorized to open a special account and carry out transactions with funds held on a special account;
c) making decisions on the receipt by a homeowners association or a housing construction cooperative, a housing cooperative or other specialized consumer cooperative, a managing organization and with the direct management of an apartment building by the owners of premises in this house by a person authorized by the decision of the general meeting of such owners, a loan or loan for capital repair of common property in an apartment building, on the determination of the essential terms of a loan agreement or loan agreement, on the receipt by these persons of a guarantee, surety for this loan or loan and on the conditions for obtaining the said guarantee, surety, as well as repayment at the expense of the capital repair fund of a loan or loan used to pay the costs of major repairs of common property in an apartment building, and on the payment of interest for the use of this credit or loan, payment at the expense of the capital repairs fund of the costs of obtaining these guarantees, the guarantor you;
d) making decisions on the limits of the use of the land plot on which the apartment building is located, including the introduction of restrictions on its use;
e) making decisions on the use of the common property of the owners of premises in an apartment building by other persons, including the conclusion of contracts for the installation and operation of advertising structures, if it is planned to use the common property of the owners of premises in an apartment building for their installation and operation;
f) making decisions on determining the persons who, on behalf of the owners of premises in an apartment building, are authorized to conclude agreements on the use of the common property of owners of premises in an apartment building (including contracts for the installation and operation of advertising structures) on the terms determined by the decision of the general meeting;
g) choice of method of managing an apartment building;
h) making decisions on the current repair of common property in an apartment building;
5) other issues referred by the LC RF to the competence of the general meeting.
3. The owners of premises in an apartment building are obliged to hold an annual general meeting every year.
The terms and procedure for holding the annual general meeting, as well as the procedure for notifying about the decisions taken by it, are established by the general meeting.
3. In addition to the annual general meeting, the owners of premises in an apartment building may hold primary and extraordinary general meetings.
In the electronic document, the numbering of paragraphs corresponds to the official source.
4. The owners of premises in an apartment building at a general meeting must choose one of the ways to manage an apartment building:
a) direct management of the owners of premises in an apartment building;
b) management of an association of homeowners or a housing cooperative or other specialized consumer cooperative;
c) management of the managing organization.
5. The decision of the general meeting, adopted in accordance with the procedure established by the Housing Code of the Russian Federation, is binding on all owners of premises.
6. In an apartment building, all premises in which belong to one owner, decisions on issues related to the competence of the general meeting are taken by this owner alone and are drawn up in writing. At the same time, the provisions of these Recommendations that determine the procedure and timing for preparing, convening and holding a general meeting do not apply, with the exception of the provisions regarding the timing of the annual general meeting of owners of premises in an apartment building.
II. Forms of holding a general meeting
1. The General Meeting may be held:
a) in person (meeting), that is, with the joint presence of the owners of the premises in a specific place and at a specific time to discuss issues put to a vote;
3. Those who took part in the general meeting, held in the form of absentee voting, are considered to be the owners of premises in an apartment building, whose decisions were received before the deadline for their acceptance.
III. Initiator (organizer) of the general meeting
1. The general meeting may be convened at the initiative of individuals or legal entities that are owners of the premises of this apartment building.
2. The initiators of the general meeting may be:
a) the primary general meeting - the owner or several owners of premises in an apartment building;
b) the annual meeting - persons from among the owners responsible for holding the general meeting (elected at the initial meeting of the owners);
c) an extraordinary general meeting - at the initiative of any of the owners of an apartment building.
3. In the event that the general meeting decides on the choice of a managing organization to conclude an agreement on the management of an apartment building with it - the owners of the premises in the apartment building or the local government, if such a decision was not previously made by the owners of the premises in the apartment building.
IV. Preparation for the general meeting
1. For the successful holding of a general meeting for the owners of premises in an apartment building, it is advisable to determine the initiator of such a meeting or form an initiative group.
2. The initiator (initiative group) develops the documentation necessary for holding the general meeting, forms the agenda, prepares draft decisions of the general meeting, selects the premises where the general meeting is supposed to be held, places information and documentation, and also determines the date and place of the general meeting.
3. After determining the agenda of the general meeting and preparing the necessary documentation, the initiator (initiative group) sends messages to the owners of premises in an apartment building about holding a general meeting. An exemplary form of a notice of a general meeting is given in Appendix No. 1 to these Recommendations.
4. Notices of holding a general meeting must be sent to all owners of premises in an apartment building no later than ten days before the date of the general meeting. Within the specified period, a notice of holding a general meeting must be sent to each owner of the premises in this house by registered mail, unless a decision of the general meeting provides for another way of sending this message in writing, or handed to each owner of the premises in this house against signature or placed in the premises of this house, determined by such a decision and available to all owners of premises in this house.
5. The notice of the general meeting must contain:
1) information about the person on whose initiative this general meeting is convened.
The initiator (members of the initiative group) indicate their last names, first names, patronymics, numbers of residential (non-residential) premises, which they own in this apartment building.
2) the form of holding this general meeting (in-person form (meeting) or absentee voting);
3) the date, place, time of holding this general meeting or, in the case of holding such a meeting in the form of absentee voting, the deadline for accepting decisions of the owners on the issues put to the vote, and the place or address where such decisions should be submitted;
4) the agenda of this general meeting;
5) the procedure for getting acquainted with the information and (or) materials that will be presented at this general meeting, and the place or address where they can be found.
The notice of the general meeting may include information not specified in this paragraph of these Recommendations, but related to the holding of the general meeting.
6. The 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 polling 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 multi-apartment buildings houses; determination of 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.).
V. Determination of the share in the right of common ownership of common property in an apartment building
1. The share in the right of common ownership of common property in an apartment building of the owner of the premises in the same building is proportional to the size of the total area of the said premises.
2. The share in the right of common ownership of common property in an apartment building of the owner of the premises in this house follows the fate of the ownership of the said premises.
3. In the event of transfer of ownership of a premise in an apartment building, the share in the common ownership of the common property in this house of the new owner of such premises is equal to the share in the common ownership of the said common property of the previous owner of such premises.
4. The owner of premises in an apartment building is not entitled to:
1) to carry out a division in kind of his share in the right of common ownership of common property in an apartment building;
2) alienate his share in the right of common ownership of common property in an apartment building, as well as perform other actions that entail the transfer of this share separately from the ownership of the said premises.
5. The list of common property of the owners of premises in an apartment building, to which the right of ownership arises for all owners of premises in this house, is established by the LC RF.
VI. Holding a general meeting of owners in person (meeting)
Notice of the general meeting
1. In accordance with Section 4 of these Recommendations, the initiator (initiative group) sends notices about the holding of a general meeting to each owner of premises in an apartment building.
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.
3. Familiarization of the owners of premises in an apartment building with the information and (or) materials that will be presented at this general meeting, as well as with the decisions made by the general meeting, can be carried out by placing the relevant information (materials) in a certain room of this apartment building, accessible to everyone the owner of the premises in this house, or in another way determined at the general meeting of owners.
The procedure for familiarization with information (materials) can be determined at the initial general meeting of owners of premises in an apartment building and must be brought to the attention of each such owner.
Competence of the general meeting
4. The general meeting is competent (has a quorum) if it was attended by the owners of premises in this multi-apartment building or their representatives, who have more than fifty percent of the votes of the total number of votes of the owners of premises in such a building.
In the absence of a quorum for holding a general meeting of owners of premises in an apartment building, a repeated general meeting of owners of premises in an apartment building must be held.
5. The presence of the owners at the general meeting and the presence of a quorum is confirmed by the registration sheet of the participants in the general meeting (the owners of the premises in the 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, share in the right common ownership of common property in this apartment building, signed by the owner or the owner's representative with a power of attorney, if the owner's representative participates in the general meeting.
6. The general meeting is chaired by the chairman of the general meeting, elected at this meeting.
Decisions of the general meeting
7. Decisions of the general meeting on issues put to vote in accordance with the agenda of this general meeting are taken:
a) by a majority vote of the total number of votes participating in this general meeting, with the exception of the decisions provided for in paragraphs - 3.1 of part 2 of article 44 of the HC RF (respectively, subparagraphs "a" - "e" of paragraph 2 of section I of these Recommendations);
8. The general meeting is not entitled to make decisions on issues not included in the agenda of this general meeting, as well as change the agenda of this meeting.
9. Decisions of the general meeting, adopted in accordance with the procedure established by the Housing Code of the Russian Federation, on issues within the competence of such a meeting, are binding on all owners of premises in an apartment building, including those owners who did not participate in the vote.
10. The owner of the premises in an apartment building has the right to appeal to the court a decision taken by a general meeting in violation of the requirements of the LC RF, if he did not take part 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 found out 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 the decision made did not cause losses to the said owner.
Voting at the general meeting
13. The number of votes that each owner of premises in this multi-apartment building has in proportion to his share in the right of common ownership of common property in this multi-apartment building. In turn, the share in the right of common ownership of common property in an apartment building of the owner of the premises in this house is proportional to the size of the total area of the specified premises.
14. The representative of the owner of premises in an apartment building at a general meeting acts in accordance with the powers based on the instructions of federal laws, acts of authorized state bodies or acts of local governments, or a power of attorney drawn up in writing for voting. The power of attorney for voting must contain information about the represented owner of the premises in the relevant apartment building and his representative (name or title, place of residence or location, passport details) and must be drawn up in accordance with the requirements of paragraphs and Article 185 of the Civil Code of the Russian Federation or certified by a notary . An exemplary form of a power of attorney for voting is given in Appendix No. 2 to these Recommendations.
Voting can be carried out in various ways, for example, by a show of hands, through written decisions of the owners (representatives of the owners) of the premises in this apartment building, which indicate the share in the common ownership of the common property in this apartment building, and the number of votes that this owner (representative of the owner), and other ways.
When voting is carried out by means of written decisions of owners on issues put to vote, votes are counted on issues on which only one of the possible voting options is left by the owner participating in the voting. Decisions 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 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.
The rules and methods by which voting on the agenda items of the general meeting is carried out may be approved by the general meeting.
Summing up the voting results at the general meeting
18. The minutes of the general meeting are kept by the secretary of the general meeting, whose candidature is also elected by the decision of the general meeting.
Registration of decisions of the general meeting
19. Decisions of the general meeting are documented in the minutes in the manner and terms established by the general meeting (not later than ten days from the date of adoption of such decisions).
20. Decisions made by the general meeting, as well as the results of voting, are brought to the attention of the owners of premises in this house by the initiator (initiative group) by posting an appropriate message about this in the premises of this apartment building, determined by the decision of the general meeting and available to all owners of premises in this house not later than ten days from the date of adoption of these decisions.
21. Minutes of general meetings and decisions of the owners of premises in an apartment building on issues included in the agenda of this general meeting and put to a vote are stored at the place or address determined by the decision of this 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". An approximate form of the minutes of the general meeting is given in Appendix No. 3 to these Recommendations.
VII. Holding a general meeting in the form of absentee voting
1. If, when holding a general meeting in person, such a general meeting did not have a quorum specified in part 3 of article 45 of the HC RF (respectively, clause 4 of section IV of these Recommendations), further decisions of the general meeting with the same agenda may be adopted by absentee voting.
Notice of holding a general meeting in the form of absentee voting
2. In accordance with Section IV of these Recommendations, the initiator (initiative group) sends notices about the holding of a general meeting to each owner of premises in an apartment building.
3. The notice of holding a general meeting in the form of absentee voting must indicate:
a) information about the person on whose initiative this meeting is convened;
b) the form of holding this meeting - absentee voting;
c) the deadline for accepting decisions of owners on issues put to the vote, the place or address where such decisions should be transferred;
d) the agenda of the meeting;
e) the procedure for getting acquainted with the information and (or) materials that will be presented at this meeting, as well as the place or address where they can be found.
Eligibility of a general meeting held in the form of absentee voting
4. The general meeting, held in the form of absentee voting, is eligible if it was attended by the owners of premises in this apartment building or their representatives, who have more than fifty percent of the votes of the total number of votes of the owners.
5. Those who took part in the general meeting held in the form of absentee voting are the owners of premises in this apartment building, whose decisions were received before the deadline for their acceptance, indicated in the notice of the general meeting held in the form of absentee voting.
Decisions taken during the general meeting in the form of absentee voting
6. Decisions of the general meeting, taken during the general meeting in the form of absentee voting, are taken in the same manner as when holding an in-person meeting of owners of premises in an apartment building (section IV of these Recommendations).
Voting during the general meeting in the form of absentee voting
8. Voting on the agenda of the general meeting of owners of premises in an apartment building, held in the form of absentee voting, is carried out only through written decisions of the owners on the issues put to the vote.
Requirements for registration of the decision of the owner on issues put to vote during the general meeting in the form of absentee voting
9. The general meeting in the form of absentee voting is held by sending to the place or address indicated in the notice of the general meeting held in the form of absentee voting, the decisions of the owners in writing on the issues put to the vote.
10. Those who took part in the general meeting in the form of absentee voting are considered to be the owners of premises in this apartment building, whose decisions were received before the deadline for their acceptance specified in the notice of the general meeting in the form of absentee voting, and the eligibility of the general meeting is determined by the number of votes expressed in these decisions.
11. Owners of premises in an apartment building, along with a notice of a general meeting in the form of absentee voting with an indication of the agenda, are sent forms of the owner’s decision on each issue put to the vote, which the owner fills out with his own hand and puts his signature. If the decision for the owner of the premises is made by the representative of the owner, the decision must be accompanied by a power of attorney confirming the authority of such a representative to vote.
12. In the decision of the owners of premises in an apartment building on issues put to a vote, the following must be indicated:
a) information about the person participating in the vote;
b) information about the document confirming the ownership of the person participating in the vote to the premises in the relevant apartment building;
c) decisions on each item on the agenda, expressed as "for", "against" or "abstained".
An approximate form of decisions of the owners of premises in an apartment building on issues put to a vote is given in Appendix No. 4 to these Recommendations.
Summing up the results of the general meeting in the form of 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.
When voting on issues put to the vote, votes are counted on those issues on which only one of the possible voting options has been left by the voting owner of premises in an apartment building. Decisions drawn up in violation of this requirement shall be declared invalid and votes on them shall not be counted.
Registration of the decision of the general meeting in the form of absentee voting
14. The decision of the general meeting in the form of absentee voting is documented in the protocol in the manner prescribed in subsection "Formulation of decisions of the general meeting" of Section IV of these Recommendations.
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.
VIII. Features of holding an initial general meeting
The initial general meeting is preceded by work on its preparation, which may include:
a) identification of all owners of premises in this apartment building;
b) polling the opinions of the owners of the premises of an apartment building on the choice of a method for managing such an apartment building;
c) identification of managing organizations with which it is possible to conclude an agreement on the management of an apartment building;
d) determination of the share of each owner in the common property of an apartment building;
e) formation of the agenda of the general meeting and draft decisions on each issue of the agenda;
f) sending messages about holding a general meeting of owners;
g) other issues related to the holding of the general meeting (for example, preliminary determination of the candidature of the chairman of the general meeting, secretary, counting commission, etc.).
Article 185 of the Civil Code of the Russian Federation or certified by a notary. Initiator (initiative group): _________________________________________ / full name, number of the premises owned by the right of ownership); _______________________________________________ / full name, number of the premises owned by the right of ownership); _______________________________________________ / full name, number of the premises owned by the right of ownership); _______________________________________________ / full name, number of the premises owned by the right of ownership).<*>An approximate form of the voting form is given in Appendix No. 4 to these Recommendations.
Appendix No. 2
to the Guidelines
in order of organization
and holding general meetings
owners of premises
in apartment buildings,
approved order
Ministry of Construction
and housing and communal services Initiator of the general meeting of owners of the premises: __________________________________________________________________ (name of the legal entity, initiator of the general meeting or full name of the members of the initiative group, __________________________________________________________________ N of their residential premises) Form of the general meeting - full-time. Time spending _______________________. Location _______________________. Total number of votes of owners of premises in an apartment building _______ votes<*> . The total area of the apartment building is _______. The area of an apartment building owned by citizens is ____. The area of an apartment building owned by legal entities is _________. The area of an apartment building owned by the state (municipal) is _________. Present: Owners (representatives of owners) of residential premises: ___________________________ (Full name of the owner of the residential premises, official name of the legal entity) of a document confirming the identity or authority of the invitees and representatives) Quorum - ______________ (specify available / not available). General meeting of owners of premises - ________________ (specify eligible / not eligible). Agenda: 1. Election of the chairman of the meeting, the secretary of the meeting, the composition of the counting commission of the general meeting. 2. _____________________________________________________________ (a list of other issues included in the agenda is given) 1. On the first issue of the agenda: Candidates for the chairman of the meeting, the secretary of the meeting, the composition of the counting commission (full name), voting on the list (on candidates) are proposed. On the first issue of the agenda listened to: __________________________________________________________________ (full name, content of the message / speech / report) Voted (for each candidate): for _________, against ________, abstained ________. Decision on the first item on the agenda - _______________ (indicate accepted / not adopted). The General Meeting decides to elect: Chairman of the Meeting ___________________________________________ (Full Name) Secretary of the Meeting ______________________________________________ (Full Name) Counting Commission in the amount of _____ people consisting of: _______________________________________________ (Full Name) 2. On the second question agendas listened to: __________________________________________________________________ (full name, content of the message / speech / report) Proposed: __________________________________________________________________ Voting: for _____, against _____, abstained _____. Decision on the second issue of the agenda - _________ (indicate accepted / not accepted). The general meeting decides: __________________________________________________________________ (the decision of the general meeting on the issue put to the vote is given, if the decision on this issue is accepted) Applications: 1. Register of owners of premises in an apartment building (representatives of owners) on ____ sheets. 2. Notice of holding a general meeting of owners of premises on ____ sheets. 3. Register of delivery of notices to the owners of premises about the holding of a general meeting of owners of premises in an apartment building on ____ sheets. 4. List of registration of the owners of the premises who were present at the meeting. 5. Powers of attorney of representatives of the owners of the premises in the amount of _____ pieces. The minutes must also be accompanied by materials on issues put to the vote (for example, an apartment building management agreement with all annexes). Chairman of the General Meeting _______________________/ Full name / (signature) Secretary of the General Meeting __________________________/ Full name / (signature) Members of the counting commission: ___________________________/ Full name /<**>(signature)<*>In accordance with Part 3 of Art. 48 of the Housing Code of the Russian Federation, the number of votes that each owner of premises in an apartment building has at a general meeting of owners of premises in this house is proportional to his share in the common ownership of common property in this house.<**>In accordance with Part 1 of Art. 46 of the Housing Code of the Russian Federation, decisions of the general meeting of owners of premises in an apartment building are drawn up in protocols in the manner established by the general meeting of owners of premises in this house, thus, the general meeting of owners can decide to sign the relevant protocol not only by the chairman of the general meeting, the secretary of the general meeting and members of the counting commission, but also owners of premises in an apartment building.
Appendix No. 4
to the Guidelines
in order of organization
and holding general meetings
owners of premises
in apartment buildings,
approved order
Ministry of Construction invalid and, therefore, will not be taken into account when counting votes in the following cases: putting down several answers to the same question at once; failure to provide answers to questions put to a vote; failure to indicate information about the owner of the premises in an apartment building (representative of the owner); if the decision of the owner of the premises in the apartment building on the issues put to the vote is not signed. Information about the representative of the owner of the premises in an apartment building is filled in only if the latter has a power of attorney. A power of attorney on behalf of a legal entity is issued signed by its head or another person authorized to do so by its constituent documents, with the seal of this organization attached. Additional clarifications on the procedure for filling out the decision can be obtained at: __________________ in the period from "__" to "________" 20__ from _______ to ______ hours. N 1
Order of the Ministry of Construction and “On approval of the requirements for the execution of minutes of general meetings of owners of premises in apartment buildings and the Procedure for transferring copies of decisions and minutes of general meetings of owners of premises in apartment buildings to authorized executive bodies of the constituent entities of the Russian Federation exercising state housing supervision”
In accordance with parts 1, 1.1 of Article 46 of the Housing Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, No. 1, Art. 14; 2009, No. 39, Art. 4542; 2015, No. 27, Art. 3967, No. 48, Art. . 6724)
1. Approve:
a) Requirements for the execution of minutes of general meetings of owners of premises in apartment buildings in accordance with this order;
b) The procedure for transferring copies of decisions and minutes of general meetings of owners of premises in apartment buildings to the authorized executive bodies of the constituent entities of the Russian Federation that carry out state housing supervision, in accordance with this order.
2. To impose control over the execution of this order on the Deputy Minister of Construction and Housing and Communal Services of the Russian Federation A.V. Lapwing.
| Minister | M.A. men |
Application No. 1
housing and communal services of the Russian Federation
dated December 25, 2015 No. 937/pr
Requirements
to the execution of minutes of general meetings of owners of premises in apartment buildings
I. General provisions
1. These Requirements establish the procedure for drawing up the minutes of general meetings of owners of premises in apartment buildings (hereinafter, respectively - the minutes of the general meeting, the general meeting).
2. The minutes of the general meeting are drawn up in writing, within the time limits established by the general meeting, but no later than ten days after the general meeting.
3. The minutes of the general meeting are kept and drawn up by the secretary of the general meeting, whose candidature is elected by the decision of the general meeting.
4. Mandatory details of the minutes of the general meeting are:
a) the name of the document;
b) date and registration number of the minutes of the general meeting;
c) the date and place of the general meeting;
d) title to the content part of the minutes of the general meeting;
f) place (address) of storage of minutes of general meetings and decisions of owners of premises in an apartment building on issues put to vote;
g) annexes to the minutes of the general meeting (if they are indicated in the content of the minutes of the general meeting);
h) signature.
II. Requirements for registration of details of the minutes of the general meeting
5. Name of the document - minutes of the general meeting of owners of premises in an apartment building.
6. The date of the minutes of the general meeting is the date of drawing up the minutes, which must correspond to the date of summing up (completion of the counting of votes) of the general meeting.
7. The registration number of the minutes of the general meeting is the serial number of the general meeting during the calendar year.
8. The address where the in-person meeting was held or the address where the written decisions of the owners of premises in an apartment building were transmitted in the form of in-person and absentee voting is indicated as the place of the general meeting. In the case of using the state information system of housing and communal services (hereinafter - the system) during the general meeting, the address of the apartment building is indicated as the place of the general meeting. As the date of the general meeting, if it lasted several days, the start date and end date of the general meeting shall be indicated. The place and date of the general meeting indicated in the minutes must correspond to the address and date indicated in the notice of the general meeting.
9. The heading to the content part must contain the address of the apartment building, the type of general meeting (annual, extraordinary) and the form of its holding (in-person, absentee, in-person and absentee voting).
11. The introductory part of the minutes of the general meeting includes the following information:
a) about the initiator of the general meeting: for legal entities, the full name and main state registration number (hereinafter - OGRN) of the legal entity is indicated in accordance with its constituent and registration documents; for individuals, the full surname, name, patronymic (if any) are indicated in accordance with the document proving the identity of the citizen, the number of the premises owned by the individual and the details of the document confirming the ownership of the specified premises;
b) about the person presiding at the general meeting, the secretary of the general meeting, the persons who counted the votes, except for the case when the issue of electing these persons is included in the agenda of the general meeting;
c) about the persons who took part in the general meeting (hereinafter referred to as those present) and invited to participate in it (hereinafter referred to as invited);
f) on the total area of residential and non-residential premises in an apartment building;
g) on the agenda;
h) on the presence or absence of a quorum of the general meeting.
12. Information about the persons present at the general meeting is indicated after the word "Participants" and includes:
a) for individuals - the last name, first name, patronymic (if any) of the owner of the premises in the apartment building and (or) his representative (in case of participation in the general meeting), indicated in accordance with the identity document of the citizen, the number of the premises in the apartment building , the owner of which is an individual and the details of the document confirming the ownership of the said premises, the number of votes owned by the relevant person, the name and details of the document certifying the authority of the representative of the owner of the premises in the apartment building (in case of participation in the general meeting), the signature of the indicated persons ;
b) for legal entities - the full name and PSRN of the legal entity in accordance with its constituent and registration documents, the name and details of the document confirming the ownership of the premises in the apartment building, the number of votes owned by the relevant person, last name, first name, patronymic (if presence) of a representative of a legal entity, indicated in accordance with the document proving the identity of the citizen, the name and details of the document certifying the authority of the representative of the legal entity, the signature of this person.
13. If there are more than fifteen persons present at the general meeting, information about them can be drawn up in the form of a list in which information about those present is indicated in accordance with these Requirements, which is a mandatory annex to the minutes of the general meeting. In this case, in the minutes of the general meeting, after indicating the total number of those present, the note “The list is attached, Appendix No. ____” is made.
14. Information about the persons invited to participate in the general meeting is indicated after the word "Invited" and includes:
a) for individuals - the last name, first name, patronymic (if any) of the person or his representative (in case of participation in the general meeting), indicated in accordance with the document proving the identity of the citizen, the name and details of the document certifying the authority of the representative of the owner of the premises in the multi-apartment house (in case of participation in the general meeting), the purpose of participation of this person in the general meeting and his signature;
b) for legal entities - the full name and PSRN of the legal entity in accordance with its constituent and registration documents, the last name, first name, patronymic (if any) of the representative of the legal entity, indicated in accordance with the document proving the identity of the citizen, the name and details of the document certifying powers of a representative of a legal entity, the purpose of participation of this person in the general meeting and his signature.
15. The text of the main part of the minutes of the general meeting consists of the agenda and separate sections according to the number of issues on the agenda of the general meeting. The agenda of the general meeting shall indicate the issue or issues that are the subject of consideration at the general meeting in accordance with the notice of the general meeting. If there are several questions, they are numbered and arranged in the order of discussion.
16. Items on the agenda of the general meeting must be formulated as precisely and clearly as possible, reflect the essence of the issues under discussion and avoid ambiguous interpretation. If the wording of the issue on which the decision is made at the general meeting is provided for by the legislation of the Russian Federation, the corresponding wording shall be indicated in the minutes. It is not allowed to include the item “Miscellaneous” in the agenda of the general meeting, as well as to combine issues of different content in one wording. If the subject of the issue included in the agenda is the consideration of any document, the full name and details of this document are indicated.
17. The text of the minutes of the general meeting is stated in the third person plural (“listened”, “spoke”, “decided”, “decided”).
18. The text of each section of the minutes of the general meeting consists of three parts:
a) part 1 - “HEARD”, which indicates the surname, name, patronymic (if any) of the speaker, the number and wording of the issue in accordance with the agenda, a summary of the speech or a link to the document attached to the protocol containing the text of the speech. The number and wording of the issue in accordance with the agenda is put down before the word "HEARD";
b) part 2 - "PROPOSED", which indicates a summary of the proposal on the issue under consideration, on which a decision and vote will be taken. At the same time, the proposal is formulated extremely precisely, clearly, must reflect the essence of the issue under discussion and not allow double interpretation. If the wording of the issue on which the decision is made at the general meeting is provided for by the legislation of the Russian Federation, the corresponding wording shall be indicated in the minutes;
c) part 3 - “DECIDED (RESOLVED)”, which indicates the decisions taken on each issue of the agenda, expressed as “for”, “against” or “abstained”, indicating the number and wording of the issue in accordance with the agenda, the number votes cast for the various voting options. The decision may contain one or more items, each of which is numbered.
19. Mandatory annexes to the minutes of the general meeting are:
a) a register of owners of premises in an apartment building containing information about all owners of premises in an apartment building indicating the last name, first name, patronymic (if any) of the owners - individuals, the full name and PSRN of legal entities, numbers of premises belonging to them, and details of documents, confirming the ownership of the premises, the number of votes owned by each owner of the premises in an apartment building;
b) a notice of a general meeting, drawn up in accordance with paragraph 5 of article 45, paragraph 4 of article 47.1 of the Housing Code of the Russian Federation (Sobranie zakonodatelstva Rossiyskoy Federatsii, 2005, No. 1, art. 14; 2014, No. 30, art. 4264; 2015 , No. 27, item 3967, No. 48, item 6724), on the basis of which the general meeting is held;
c) a register of delivery to owners of premises in an apartment building of messages about holding a general meeting, containing information about the owners of premises in an apartment building (representatives of owners) to whom messages were sent, and the method of sending messages, the date they were received by owners of premises in an apartment building (representatives of owners), except for the case in which the decision of the general meeting provides that the notice of the holding of the general meeting is placed in the premises of this house, determined by such a decision and accessible to all owners of premises in this house;
d) a list of owners of premises in an apartment building who were present at the general meeting, containing information about the owners of premises in an apartment building (representatives of the owners), provided for by these Requirements;
e) powers of attorney (or their copies) or other documents (their copies) certifying the powers of representatives of the owners of premises in an apartment building who were present at the general meeting;
f) documents on which, in the course of consideration of issues included in the agenda and put to a vote, decisions were made at the general meeting;
g) decisions of the owners of premises in an apartment building in the event of a general meeting in the form of in-person or absentee voting;
h) other documents or materials that will be determined as a mandatory annex to the minutes of the general meeting by a decision at the general meeting adopted in the prescribed manner.
20. All annexes to the minutes of the general meeting are subject to numbering. The number of the application, as well as an indication that the document is an annex to the minutes of the general meeting, is indicated on the first page of the document.
21. Details of the signature of the minutes of the general meeting contain information about the surname, initials of the person presiding at the general meeting, the secretary of the general meeting, as well as the persons who counted the votes, and the handwritten signature of these persons, the date of its affixing. If the issue of electing the person presiding at the general meeting, as well as the persons carrying out the counting of votes, is included in the agenda of the general meeting and a decision is made to reject the proposed candidates, the details of the signature of the minutes of the general meeting contain information about the surname, initials of the initiator of the general meeting .
22. In the cases established by the Housing Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, No. 1, Article 14; 2015, No. 48, Article 6724), the minutes of the general meeting are also signed by the owners of the premises in the apartment building. In this case, the details of the signature of the minutes of the general meeting, in addition to the information provided for by these Requirements, contain information about the surname, initials of the owners of the premises who voted for the adoption of such decisions, as well as the handwritten signature of these persons and the date of its affixing.
Application No. 2
to the Ministry of Construction and
housing and communal services of the Russian Federation
dated December 25, 2015 No. 937/pr
Order
transfer of copies of decisions and minutes of general meetings of owners of premises in apartment buildings to authorized executive bodies of the constituent entities of the Russian Federation exercising state housing supervision
1. This Procedure establishes the requirements for the transfer of copies of decisions and minutes of general meetings of owners of premises in apartment buildings to the authorized executive bodies of the constituent entities of the Russian Federation exercising state housing supervision (hereinafter referred to as state housing supervision bodies).
2. The managing organization, the board of a partnership of homeowners, a housing or housing-construction cooperative, or another specialized consumer cooperative are obliged to send copies of decisions and minutes of the general meeting of owners of premises submitted to them in accordance with Part 1 of Article 46 of the Housing Code of the Russian Federation (Collection of Legislation of the Russian Federation , 2005, No. 1, article 14; 2009, No. 39, article 4542; 2015, No. 27, article 3967, No. 48, article 6724) by the person who initiated the general meeting of owners of premises in an apartment building (hereinafter referred to as copies of decisions , minutes), to the body of state housing supervision of the constituent entity of the Russian Federation, on whose territory the apartment building is located, the owners of the premises in which the general meeting was held.
3. The transfer of copies of decisions, minutes is carried out within five days from the date of receipt by the managing organization, the board of a homeowners' association, a housing or housing-construction cooperative, another specialized consumer cooperative from the person who initiated the general meeting of owners of premises in an apartment building, these copies.
The transfer of copies of decisions, the protocol should be carried out in ways that allow confirming the fact and date of its receipt by the state housing supervision body, as well as by posting electronic images of decisions, the protocol in electronic form in the state information system of housing and communal services (hereinafter referred to as the system).
4. Copies of decisions, minutes shall be deemed transferred if the electronic image of decisions, minutes is in the public domain and available for viewing in the system, as well as when transferring copies of decisions, minutes in any other way, except for placement in the system, - if the manager has organizations, the board of a homeowners' association, a housing or housing-construction cooperative, another specialized consumer cooperative, a document confirming the fact and date of their transfer to the state housing supervision body.
Document overview
Approved Requirements for the execution of minutes of general meetings of owners of premises in apartment buildings.
The minutes are drawn up by the secretary of the meeting within the time limits set by the meeting, but no later than 10 days later.
Mandatory details - the name of the document; date and registration number of the protocol; the date and place of the meeting; title to the content part; content part; place (address) of storage of minutes of meetings and decisions of owners on issues put to vote; annexes to the protocol (if they are indicated in the content); signature.
Mandatory annexes to the minutes - register of owners, notice of the meeting, register of delivery of messages to owners, list of owners present, documents on which decisions were made, etc.
The procedure for transferring copies of decisions and minutes of meetings to the regional bodies of state housing supervision was also approved.
The managing organization, the board of the HOA, a housing or housing-construction cooperative, or another specialized consumer cooperative are responsible for the transfer. This is done within 5 days of receiving copies from the person who initiated the meeting.