Powers of the assembly mkd. What issues can be resolved by the general meeting of owners

Management of an apartment building by owners of residential premises presupposes the coordination of the wills of each of them. When the number of actors is small, there is less chance of insurmountable conflicts. Wherein making decisions on the use of common property is not accompanied by any significant difficulties. The situation is different in cases of multiple owners. Features of the coordination of expressions of will of such subjects are regulated by Art. 44 LCD RF. In the new edition norms provide the basic rules for discussing topical issues relating to the fate of material values, the use of which is carried out jointly. Let's consider them.

General meeting of owners of premises in an apartment building

It acts as a kind of administrative body. General meeting of owners of premises in an apartment building is organized to discuss issues related to the sharing of material assets that are part of the structure. To do this, an agenda is formed, a date is set for the event. According to Part 1 of Art. 44 of the RF LC, agreement on the will of the owners is carried out by voting on the formulated issues.

Competence of the authority

It is mentioned in Part 2 of Art. 44 LCD RF. The competence of the administrative body is quite extensive. Homeowners agree to:

Art. 44 ZhK RF with comments

The privatization of housing stock in Russia has created a rather difficult situation. In most apartment buildings there is no one owner. Such structures consist of many areas owned by citizens, legal entities, municipalities, etc. This significantly complicates property management. Taking into account this circumstance, the norm of the Code under consideration establishes a special form for discussing issues related to MKD. The General Assembly is considered the sole administrative body. It exists throughout the entire period of existence of the MKD.

Former order

Previously, the conditions for property management in apartment buildings were formulated by territorial authorities. At the same time, the legal owners of the squares were removed from the discussion of topical issues. This, in turn, led to a widespread disregard for the rights of these persons to participate in making decisions regarding the maintenance, disposal, and use of material assets operated by citizens jointly. In most cases, the discussion was carried out at the level of housing and communal services. This led to the municipalization of the MKD management sphere. Accordingly, there were no other organizational and economic prerequisites for the development of other forms of administration. The principle laid down in Art. 44 of the LCD of the Russian Federation, is designed to radically change the situation.

The nature of the competence of the administrative body of the MKD

It is connected with the mode of realization of the property rights of the owners of living space. Elements of the competence of the administrative body can be characterized as property-legal and organizational. The latter include identifying key areas of property management shared. These include:

Choice of administration method and authorized organization.
Coordination of questions on liquidation and creation of HOA.
Determining the procedure and timing for holding annual discussions of topical issues related to MKD, etc.

The property-legal elements of competence include making decisions on the rules of use, and within the established limits, the disposal of common property, determining fees for work and services in administration, maintenance, and so on.

Exclusivity of powers

It manifests itself in the fact that no other body, except for the general meeting, can discuss certain issues. Other structures, for example, include the board of the HOA. Opportunity to discuss some issues Art. 44 of the LC RF provides for other bodies. So, members of the partnership can agree on the lease or transfer of other rights to material assets used by the owners of living space in the MKD. But, for example, such issues as the choice of an administration option or the formation of an HOA can only be discussed by a general meeting. The unifying feature of the problems referred to the exclusive competence of this body is their fundamental nature. Decisions taken on such issues are of a long-term nature.

Actual problem

The norm under consideration includes in the list of issues to be discussed only by the administrative body of the MKD, overhaul and refurbishment of individual areas in the building. The exclusive competence of this structure also includes problems related to the construction of outbuildings and other buildings. Present in Art. 44 of the LCD, the imperative norm excludes the possibility of free interpretation and use by persons who are not considered owners of living space in the MKD.

Important point

It is necessary to take into account the specifics of the discussion of issues related to refurbishment in the structure. So, if it leads to a decrease in the volume of common property, then, taking into account the provisions of Articles 36 and 40 of the Code, the decision must be taken unanimously by all owners in general or by all participants. In the latter case, approval must first be obtained from the other owners of living space who do not have the opportunity to attend the discussion. This rule also applies to cases where one of the owners, without the consent of the neighbors, restructures the premises used jointly. Other owners may demand that converted areas be restored to their original appearance. The corresponding claim may be filed in accordance with the rules of Article 304 of the Civil Code.

controversy

When dealing with cases involving the use Art. 44 ZhK RF, judicial practice takes into account the norms of the Civil Code. So, for example, if one of the owners of housing in an MKD is deprived of the opportunity to use some part of the structure (does not have access to the attic), he can file a claim in accordance with Article 301 of the Civil Code. The claim may be made against any other owner or a third party. In the latter case, a vindication claim will be considered declared in the interests of all owners of MKD living spaces. His satisfaction does not prejudge the issue concerning the use of common property. It only ensures that the plaintiff receives the lost possession.

Erection of commercial and other buildings

According to experts, the competence of the administrative body of the MKD, enshrined in paragraph one of the second part of Art. 44 ZhK, formulated ambiguously. The blurring of the interpretation is manifested, first of all, in the fact that the norm does not specify which particular site can be used for the construction of buildings. In addition, Art. 44 of the LCD does not contain instructions on the purpose of the structures. From this we can draw a superficial conclusion that the owners of living space have the right to agree on construction in any territory. At the same time, it may well not apply to the site on which the MKD is located. At the same time, one should remember the provisions of the first part of Art. 44 LCD. It states that the competence of the administrative body extends only to objects used jointly by the owners of housing. The nature of powers is related to the ownership of property. Accordingly, only those issues that relate to it are subject to discussion.

The current version is dated December 27, 2019, with amendments and additions that entered into force on January 1, 2020

Chapter 6. Common property of owners of premises in an apartment building. General meeting of such owners

Housing and communal services consultant of the Russian Federation 19.01.2013 01.01.2020

Housing Code of the Russian Federation dated December 29, 2004

Chapter 6. COMMON PROPERTY OF OWNERS OF PREMISES IN AN APARTMENT BUILDING. GENERAL MEETING OF SUCH OWNERS

Article 36

1. The owners of premises in an apartment building shall own the common property in an apartment building on the basis of common shared ownership, namely:

1) premises in this house that are not part of the apartments and are intended to serve more than one room in this house, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements, in which there are engineering communications, other equipment serving more than one room in this house (technical basements);

2) other premises in this house that do not belong to individual owners and are intended to meet the social and everyday needs of the owners of premises in this house, including premises intended for organizing their leisure, cultural development, children's creativity, physical culture and sports, and similar events;

3) roofs enclosing load-bearing and non-bearing structures of this house, mechanical, electrical, sanitary and other equipment (including structures and (or) other equipment designed to ensure unhindered access of persons with disabilities to premises in an apartment building) located in this home outside or inside the premises and serving more than one premises;
(as amended by Federal Law No. 462-FZ of December 29, 2017)

4) the land plot on which this house is located, with elements of gardening and improvement, other objects intended for maintenance, operation and improvement of this house and located on the specified land plot. The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning.
(Part 1 as amended by Federal Law No. 123-FZ dated 04.06.2011)

2. The owners of premises in an apartment building own, use and, within the limits established by this Code and civil legislation, dispose of common property in an apartment building.

3. Reducing the size of common property in an apartment building is possible only with the consent of all owners of premises in this house through its reconstruction.

4. By decision of the owners of premises in an apartment building, adopted at a general meeting of such owners, objects of common property in an apartment building may be transferred for use to other persons if this does not violate the rights and legitimate interests of citizens and legal entities.

4.1. Adaptation of common property in an apartment building to ensure unhindered access for persons with disabilities to premises in an apartment building in accordance with the requirements specified in paragraph 3 of Article 15 of this Code is allowed without a decision of the general meeting of owners of premises in an apartment building only if such adaptation is carried out without attracting funds specified owners.
(Part 4.1 was introduced by Federal Law No. 462-FZ of December 29, 2017)

5. The land plot on which an apartment building is located may be encumbered with the right of limited use by other persons. It is not allowed to prohibit the establishment of an encumbrance on a land plot if it is necessary to ensure access of other persons to objects that existed before the day this Code came into force. A new encumbrance of a land plot with the right of limited use is established by agreement between the person requiring such encumbrance of a land plot and the owners of premises in an apartment building. Disputes on the establishment of encumbrance of a land plot with the right of limited use or on the conditions of such an encumbrance are resolved in court. A public easement in relation to a land plot is established in accordance with land legislation.

6. In case of destruction, including accidental death, demolition of an apartment building, the owners of premises in an apartment building retain a share in the right of common shared ownership of the land plot on which this house was located, with landscaping and landscaping elements and other intended for maintenance, operation and improvement of this house objects located on the specified land plot, in accordance with the share in the right of common shared ownership of common property in an apartment building at the time of destruction, including accidental death, demolition of such a house. These owners own, use and dispose of the property provided for by this part in accordance with civil law.
(Part six was introduced by Federal Law No. 232-FZ of December 18, 2006)

Article 36.1. General funds held in a special account

(Introduced by Federal Law No. 271-FZ of December 25, 2012)

1. The owners of premises in an apartment building own the rights to the funds held on a special account intended for transferring funds for the overhaul of common property in an apartment building and opened with a credit institution (hereinafter referred to as a special account), and formed from contributions to capital repairs, penalties paid in connection with improper performance of the obligation to pay such contributions, and interest accrued by the credit institution for the use of funds in a special account.

2. The share of the owner of premises in an apartment building in the right to funds held in a special account is proportional to the total amount of contributions for capital repairs paid by the owner of such premises and the previous owner of such premises.

3. The right of the owner of premises in an apartment building to a share of funds held in a special account follows the fate of the ownership of such premises.

4. Upon transfer of ownership of a premise in an apartment building, the share of the new owner of such premise in the right to funds held in a special account is equal to the share in the right to the said funds of the previous owner of such premises.

5. The owner of premises in an apartment building is not entitled to demand the allocation of his share of funds held in a special account.

6. When acquiring ownership of premises in an apartment building, a share in the right to funds held in a special account shall be transferred to the purchaser of such premises.

7. The terms of the agreement, according to which the transfer of ownership of the premises in an apartment building is not accompanied by the transfer of a share in the right to funds held in a special account, are void.

Article 37

1. 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 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. Upon 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 specified premises.

Article 38

1. When acquiring ownership of premises in an apartment building, a share in the right of common ownership of common property in an apartment building is transferred to the acquirer.

2. The terms of the contract, by which the transfer of ownership of the premises in an apartment building is not accompanied by the transfer of a share in the common ownership of the common property in such a house, are void.

Article 39. Maintenance of common property in an apartment building

1. The owners of premises in an apartment building bear the burden of expenses for the maintenance of common property in an apartment building.

2. The share of mandatory expenses for the maintenance of common property in an apartment building, the burden of which is borne by the owner of premises in such a house, is determined by the share in the right of common ownership of common property in such a house of the indicated owner.

3. The rules for maintaining common property in an apartment building are established by the Government of the Russian Federation.
(as amended by Federal Laws No. 160-FZ dated July 23, 2008, No. 237-FZ dated July 27, 2010)

4. In accordance with the principles established by the Government of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation establish lists of measures to save energy and improve energy efficiency in relation to the common property of the owners of premises in an apartment building, to be carried out at a time and (or) regularly.
(Part four was introduced by Federal Law No. 261-FZ of November 23, 2009)

Article 40

1. The owner of a premise in an apartment building, upon acquiring ownership of a premise adjacent to a premise belonging to him by right of ownership in an apartment building, has the right to combine these premises into one premise in accordance with the procedure established by Chapter 4 of this Code. The boundaries between adjacent premises may be changed or these premises may be divided into two or more premises without the consent of the owners of other premises, if such a change or division does not entail a change in the boundaries of other premises, the boundaries and size of common property in an apartment building or a change shares in the right of common ownership of the common property in this house.

2. If the reconstruction, reorganization and (or) redevelopment of the premises is not possible without attaching to them a part of the common property in an apartment building, the consent of all owners of the premises in the apartment building must be obtained for such reconstruction, reorganization and (or) redevelopment of the premises.

Article 41

1. The owners of rooms in a communal apartment shall own, on the basis of common shared ownership, the premises in this apartment used to service more than one room (hereinafter referred to as common property in a communal apartment).

2. Changing the size of the common property in a communal apartment is possible only with the consent of all the owners of the rooms in this apartment through its reconstruction and (or) redevelopment.

Article 42

1. The share in the right of common ownership of common property in a communal apartment of the owner of a room in this apartment is proportional to the size of the total area of the said room.

2. The share in the right of common ownership of common property in an apartment building of the owner of a room in a communal apartment located in this house is proportional to the sum of the total area of the specified room and determined in accordance with the share in the right of common ownership of common property in a communal apartment of this owner of the area premises constituting common property in this apartment.

3. The share in the right of common ownership of common property in a communal apartment of the owner of a room in this apartment follows the fate of the ownership right to the said room.

4. Upon transfer of ownership of a room in a communal apartment, the share in the common ownership of the common property in this apartment of the new owner of such a room is equal to the share in the common ownership of the said common property of the previous owner of such a room.

5. The owner of a room in a communal apartment 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 this apartment;
2) alienate his share in the right of common ownership of the common property in this apartment, as well as perform other actions that entail the transfer of this share separately from the ownership of the specified room.

6. When selling a room in a communal apartment, the other owners of the rooms in this communal apartment have the pre-emptive right to purchase the alienated room in the manner and on the terms established by the Civil Code of the Russian Federation.

Article 43. Maintenance of common property in a communal apartment

1. The owners of rooms in a communal apartment bear the burden of maintaining the common property in this apartment.

2. The share of mandatory expenses for the maintenance of common property in a communal apartment, the burden of which is borne by the owner of a room in this apartment, is determined by the share in the right of common ownership of common property in this apartment of the specified owner.

Article 44

1. The general meeting of owners of premises in an apartment building is the governing body of an apartment building. The general meeting of owners of premises in an apartment building is held in order to manage the apartment building by discussing agenda items and making decisions on issues put to a vote.
(As amended by Federal Law No. 176-FZ dated June 29, 2015)

1.1. Persons who have accepted from the developer (the person who ensures the construction of an apartment building) after issuing him permission to put the apartment building into operation of the premises in this house according to the deed of transfer or other transfer document, have the right to take part in general meetings of owners of premises in the apartment building and make decisions on issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building, in the manner prescribed by this Code, within a year from the date of issuance of a permit to put the apartment building into operation.
(Part 1.1 was introduced by Federal Law No. 485-FZ of December 31, 2017)

2. The competence of the general meeting of owners of premises in an apartment building includes:

1) 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, on the reconstruction and (or) redevelopment of the premises, which is part of the common property in an apartment building;
(as amended by Federal Laws No. 123-FZ of 04.06.2011, No. 271-FZ of 25.12.2012, No. 558-FZ of 27.12.2018)
1.1) making decisions on the choice of a method for forming a capital repair fund, the choice of a person authorized to open a special account with a Russian credit institution, and to carry out transactions with funds held on a special account;
(Clause 1.1 as amended by Federal Law No. 257-FZ of July 29, 2017)
1.1-1) making decisions on the amount of the capital repair contribution in terms of exceeding its size over the established minimum capital repair contribution, the minimum capital repair fund in terms of exceeding its size over the established minimum capital repair fund (if the law of the subject of the Russian Federation, the minimum size of the overhaul fund is established), the placement of temporarily free funds of the overhaul fund, formed on a special account, on a special deposit in a Russian credit institution;
(Clause 1.1-1 as amended by Federal Law No. 257-FZ of July 29, 2017)
1.2) 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 determining 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 the specified guarantee, surety;
(Clause 1.2 was introduced by Federal Law No. 271-FZ of December 25, 2012)
2) 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, as well as on the conclusion of an agreement on the establishment of an easement, an agreement on the implementation of a public easement in relation to a land plot related to common property in an apartment building ;
(as amended by Federal Law No. 341-FZ of August 3, 2018)
2.1) making decisions on the improvement of the land plot on which the apartment building is located and which relates to the common property of the owners of premises in the apartment building, including the placement, maintenance and operation of landscaping and landscaping elements on the specified land plot;
(Clause 2.1 was introduced by Federal Law No. 416-FZ of December 20, 2017)
3) 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;
(Clause 3 as amended by Federal Law No. 228-FZ of September 27, 2009)
3.1) 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 common property of owners of premises in an apartment building (including contracts for the installation and operation of advertising structures), to submit documents for approval of the reconstruction and ( or) redevelopment of the premises, which is part of the common property in an apartment building, for the conclusion of an agreement on the establishment of an easement, an agreement on the implementation of a public easement in relation to a land plot related to the common property of the owners of premises in an apartment building, and on persons authorized to sign these agreements , as well as on the procedure for receiving funds provided for by these agreements on the terms determined by the decision of the general meeting;
(Clause 3.1 was introduced by Federal Law No. 228-FZ of September 27, 2009; as amended by Federal Laws No. 341-FZ of August 3, 2018, No. 558-FZ of December 27, 2018)
3.2) making decisions on the use of the system or other information systems during the general meeting of owners of premises in an apartment building in the form of absentee voting;
(Clause 3.2 was introduced by Federal Law No. 263-FZ of July 21, 2014)
3.3) making decisions on determining the persons who, on behalf of the owners of premises in an apartment building, are authorized to use the system or other information systems when holding a general meeting of owners of premises in an apartment building in the form of absentee voting (hereinafter referred to as the administrator of the general meeting);
(Clause 3.3 was introduced by Federal Law No. 263-FZ of July 21, 2014)
3.4) making a decision on the procedure for the administrator of the general meeting to receive messages about holding general meetings of owners of premises in an apartment building, decisions of owners of premises in an apartment building on issues put to a vote, as well as on the duration of voting on the agenda of the general meeting of owners of premises in an apartment building in the form of absentee voting using the system;
(Clause 3.4 was introduced by Federal Law No. 263-FZ of July 21, 2014)
3.5) making a decision on the procedure for financing the costs associated with convening and organizing the holding by the managing organization, the board of a homeowners' association, a housing or housing-construction cooperative, another specialized consumer cooperative of a general meeting in accordance with part 6 of Article 45 of this Code;
(Clause 3.5 was introduced by Federal Law No. 176-FZ of June 29, 2015)
4) choice of a way to manage an apartment building;
4.1) making decisions on the current repair of common property in an apartment building;
(Clause 4.1 was introduced by Federal Law No. 123-FZ of 04.06.2011)
4.2) making a decision on empowering the council of an apartment building with the authority to make decisions on the current repair of common property in an apartment building;
(Clause 4.2 was introduced by Federal Law No. 176-FZ of June 29, 2015)
4.3) making a decision on empowering the chairman of the council of an apartment building with the authority to make decisions on issues not specified in part 5 of article 161.1 of this Code, with the exception of the powers falling within the competence of the general meeting of owners of premises in an apartment building;
(Clause 4.3 was introduced by Federal Law No. 176-FZ of June 29, 2015)
4.4) making a decision on the conclusion by the owners of premises in an apartment building, acting on their own behalf, in the manner prescribed by this Code, respectively, contracts for cold and hot water supply, sanitation, electricity, gas supply (including the supply of domestic gas in cylinders), heating (heat supply , including the supply of solid fuel in the presence of stove heating) (hereinafter also referred to as an agreement containing provisions on the provision of public services), agreements for the provision of services for the treatment of municipal solid waste with a resource supply organization, a regional operator for the treatment of municipal solid waste;
(Clause 4.4 was introduced by Federal Law No. 59-FZ of April 3, 2018)
4.5) making a decision on consent to the transfer of residential premises to non-residential premises;
(Clause 4.5 was introduced by Federal Law No. 116-FZ of May 29, 2019)
5) other issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building.

Article 44.1. Forms of holding a general meeting of owners of premises in an apartment building

(Introduced by Federal Law No. 176-FZ dated June 29, 2015)

The general meeting of owners of premises in an apartment building can be held through:

1) in-person voting (joint presence of the owners of premises in this building to discuss agenda items and make decisions on issues put to a vote);
2) absentee voting (by poll or using the system in accordance with Article 47.1 of this Code);
3) absentee voting.

Article 45

1. The owners of premises in an apartment building are obliged to hold an annual general meeting of owners of premises in an apartment building every year. Unless otherwise established by the general meeting of owners of premises in an apartment building, the annual general meeting of owners of premises in an apartment building is held during the second quarter of the year following the reporting year, in the manner prescribed by this article.
(As amended by Federal Law No. 176-FZ dated June 29, 2015)

2. In addition to the annual general meeting, general meetings of owners of premises in an apartment building are extraordinary. An extraordinary general meeting of owners of premises in an apartment building may be convened at the initiative of any of these owners.

3. The general meeting of owners of premises in an apartment building is competent (has a quorum) if it was attended by the owners of premises in this building or their representatives with more than fifty percent of the votes of the total number of votes, with the exception of the general meeting of owners of premises in an apartment building, conducted on the issue specified in clause 4.5 of part 2 of Article 44 of this Code. In the absence of a quorum for holding an annual 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. The general meeting of owners of premises in an apartment building, held on the issue specified in clause 4.5 of part 2 of Article 44 of this Code, is competent (has a quorum):

1) if there is more than one entrance in an apartment building, if the general meeting of owners of premises in an apartment building 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 owners of premises in this apartment building , including owners of premises in an apartment building, in the entrance of which the transferred premises are located, having more than two-thirds of the votes of the total number of votes of such owners;

2) if there is one entrance in an apartment building, if the general meeting of owners of premises in an apartment building was attended by the owners of premises in this apartment building or their representatives, who have more than two-thirds of the votes of the total number of votes of owners of premises in this apartment building.
(Part 3 as amended by Federal Law No. 116-FZ of May 29, 2019)

3.1. The managing organization, the board of a homeowners association, a housing or housing-construction cooperative, or another specialized consumer cooperative are obliged to maintain a register of owners of premises in an apartment building, which contains information that allows identification of the owners of premises in this apartment building (last name, first name, patronymic (if any) the owner of the premises in the apartment building, the full name and main state registration number of the legal entity, if the owner of the premises in the apartment building is a legal entity, the number of the premises in the apartment building owned by an individual or legal entity), as well as information about the size of their shares in the right of common ownership of the common property of the owners of premises in an apartment building. Upon receipt by the managing organization, the board of a homeowners' association, a housing or housing-construction cooperative, another specialized consumer cooperative, an appeal in writing, including an appeal using the system, the owner or other person specified in this article, on whose initiative a general meeting of owners of premises in an apartment building, on the provision of a register of owners of premises in an apartment building, these persons are obliged, within five days from the date of receipt of such an application, to provide the owner or other person specified in this article with this register. The consent of the owners of premises in an apartment building to the transfer of personal data contained in the register of owners of premises in an apartment building, when this register is provided in the manner prescribed by this part, in order to convene and organize a general meeting of owners of premises in an apartment building, is not required.
(Part 3.1 was introduced by Federal Law No. 485-FZ of December 31, 2017)

4. The owner, other person specified in this Code, on whose initiative a general meeting of owners of premises in an apartment building is convened, are obliged to inform the owners of premises in this house about such a meeting no later than ten days before the date of its holding. Within the specified period, a notice of holding a general meeting of owners of premises in an apartment building must be sent to each owner of premises in this house by registered mail, unless a decision of the general meeting of owners of premises in this house provides for another way to send this message in writing, or handed over 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.
(as amended by Federal Laws No. 176-FZ dated June 29, 2015, No. 257-FZ dated July 29, 2017)

5. The notice of holding a general meeting of owners of premises in an apartment building must contain:

1) information about the person on whose initiative this meeting is convened;
2) the form of holding this meeting (in-person, absentee or in-person voting);
(Clause 2 as amended by Federal Law No. 176-FZ dated June 29, 2015)
3) the date, place, time of this meeting or, in the case of holding this 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 meeting;
5) the procedure for getting acquainted with the information and (or) materials that will be presented at this meeting, and the place or address where they can be found.

6. Owners who have at least ten percent of the votes of the total number of votes of the owners of premises in an apartment building have the right to apply in writing to the managing organization or the board of a homeowners' association, housing or housing construction cooperative, other specialized consumer cooperative to organize a general meetings of owners of premises in an apartment building. In the application for holding a general meeting of owners of premises in an apartment building, issues to be included in the agenda of the meeting should be formulated. At the request of the owners, the managing organization, the board of a homeowners' association, a housing or housing-construction cooperative, or another specialized consumer cooperative are obliged to take the measures necessary for holding a general meeting of owners of premises in an apartment building within forty-five days from the date of receipt of the application, but no later than than ten days before the date of the general meeting, notify each owner of the premises in this house of this general meeting in the prescribed manner, as well as draw up the necessary documents based on the results of this general meeting and ensure that they are brought to the attention of the owners of the premises in this house in the manner established by paragraph 3 of Article 46 of this Code.
(Part 6 was introduced by Federal Law No. 176-FZ of June 29, 2015)

7. A general meeting of owners of premises in an apartment building may be convened at the initiative of the managing organization that manages this apartment building under a management agreement. At the same time, the agenda of such a meeting may include issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building.
(Part 7 was introduced by Federal Law No. 176-FZ of June 29, 2015)

Article 46. Decisions of the general meeting of owners of premises in an apartment building

1. Decisions of the general meeting of owners of premises in an apartment building on issues put to a vote are taken by a majority of votes from the total number of votes of the owners of premises in an apartment building participating in this meeting, with the exception of the decisions provided for in clauses 1.1, 4.2 of part 2 of Article 44 of this Code, which are accepted by more than fifty percent of the votes of the total number of votes of the owners of premises in an apartment building, and the decisions provided for in clauses 1, 1.1-1, 1.2, 2, 3, 3.1, 4.3 of part 2 of Article 44 of this Code, which are taken by a majority of at least two-thirds votes from the total number of votes of the owners of premises in an apartment building, as well as the decision provided for by clause 4.5 of part 2 of article 44 of this Code, which is adopted in accordance with part 1.2 of this article. Decisions of the general meeting of owners of premises in an apartment building are drawn up in minutes in accordance with the requirements established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services. Decisions and minutes of the general meeting of owners of premises in an apartment building are official documents as documents certifying the facts, entailing legal consequences in the form of imposing obligations on the owners of premises in an apartment building with respect to common property in this building, changing the scope of rights and obligations or releasing these owners from duties, and are subject to placement in the system by the person who initiated the general meeting. The originals of decisions and minutes of the general meeting of owners of premises in an apartment building are subject to mandatory submission by the person on whose initiative the general meeting was convened to the managing organization, the board of a homeowners' association, a housing or housing-construction cooperative, another specialized consumer cooperative, and with a direct method of management apartment building to the body of state housing supervision no later than ten days after the general meeting of owners of premises in an apartment building. Copies of decisions and minutes of the general meeting of owners of premises in an apartment building on the issue specified in clause 4.4 of part 2 of Article 44 of this Code shall also be sent by the person on whose initiative the general meeting was convened, within the period specified in this part, to the resource supply organization, regional operator for the treatment of municipal solid waste, with which the owners of premises in an apartment building, acting on their own behalf, will, in accordance with the decision, conclude agreements containing provisions on the provision of public services.
(as amended by Federal Laws No. 228-FZ of 27.09.2009, No. 176-FZ of 29.06.2015, No. 355-FZ of 03.07.2016, No. 416-FZ of 20.12.2017, No. 485-FZ of 31.12.2017 , dated 04/03/2018 N 59-FZ, dated 11/28/2018 N 435-FZ, dated 05/29/2019 N 116-FZ)

1.1. The managing organization, the board of a partnership of homeowners, a housing or housing-construction cooperative, or another specialized consumer cooperative, within five days from the date of receipt of the original decisions specified in Part 1 of this Article and the minutes of the general meeting of owners of premises, are obliged, in the manner established by the federal executive body, performing the functions of developing and implementing state policy and legal regulation in the field of housing and communal services, send the originals of these decisions and minutes, including using the system, to the state housing supervision body for storage for three years. In case of receipt of two or more minutes of the general meeting of owners of premises in an apartment building containing decisions on similar agenda items, the body of state housing supervision is obliged to conduct an unscheduled inspection in order to establish the fact of compliance with the requirements of the law when organizing, conducting and the presentation of the results of such a meeting.
(Part 1.1 was introduced by Federal Law No. 176-FZ of June 29, 2015; as amended by Federal Law No. 485-FZ of December 31, 2017)

1.2. The decision of the general meeting of owners of premises in an apartment building, provided for by clause 4.5 of part 2 of article 44 of this Code, is adopted:

1) if there is more than one entrance in an apartment building, by a majority vote of the total number of votes of the owners of premises in the apartment building taking part in this meeting, subject to voting for such a decision by the owners of premises in the apartment building, in the entrance of which the transferred premises are located, having a majority of votes from the total number of votes of such owners participating in this meeting;

2) if there is one entrance in an apartment building, by a majority vote of the total number of votes of the owners of premises in the apartment building taking part in this meeting.
(Part 1.2 was introduced by Federal Law No. 116-FZ of May 29, 2019)

2. The general meeting of owners of premises in an apartment building is not entitled to make decisions on issues not included in the agenda of this meeting, as well as change the agenda of this meeting.

3. Decisions adopted by the general meeting of owners of premises in an apartment building, as well as the results of voting, are brought to the attention of the owners of premises in this house by the owner specified in Article 45 of this Code by another person, on whose initiative such a meeting was convened, by posting an appropriate notice about this. in the premises of this house, determined by the decision of the general meeting of owners of premises in this house and available to all owners of premises in this house, no later than ten days from the date of these decisions.
(As amended by Federal Law No. 176-FZ dated June 29, 2015)

4. Copies of the minutes of general meetings of owners of premises in an apartment building and decisions of such owners on issues put to a vote are stored at the place or address determined by the decision of this meeting.
(Part 4 as amended by Federal Law No. 485-FZ of December 31, 2017)

5. The decision of the general meeting of owners of premises in an apartment building, adopted in accordance with the procedure established by this Code, on issues within the competence of such a meeting, is binding on all owners of premises in an apartment building, including those owners who did not participate in the vote.

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

7. In an apartment building, all premises in which belong to one owner, decisions on issues related to the competence of the general meeting of owners of premises in an apartment building are taken by this owner alone and are drawn up in writing. At the same time, the provisions of this chapter that determine the procedure and terms for preparing, convening and holding a general meeting of owners of premises in an apartment building shall not apply, with the exception of the provisions relating to the timing of the annual general meeting of owners of premises in an apartment building.

Article 47

(As amended by Federal Law No. 176-FZ dated June 29, 2015)

1. If, when holding a general meeting of owners of premises in an apartment building through the joint presence of owners of premises in this building to discuss agenda items and make decisions on issues put to a vote, such a general meeting did not have the information specified in paragraph 3 of Article 45 of this Quorum Code, in the future, decisions of the general meeting of owners of premises in an apartment building with the same agenda can be adopted by absentee voting (by poll) (transfer to the place or address indicated in the notice of the general meeting of owners of premises in an apartment building, written decisions of the owners on the issues put to the vote).
(As amended by Federal Laws No. 123-FZ of 04.06.2011, No. 176-FZ of 29.06.2015)

2. Those who took part in the general meeting of owners of premises in an apartment building, held in the form of absentee voting (by poll), are considered to be the owners of premises in this house, whose decisions were received before the deadline for their acceptance.
(As amended by Federal Law No. 176-FZ dated June 29, 2015)

3. The general meeting of owners of premises in an apartment building may be held by means of in-person and absentee voting, which provides for the possibility of in-person discussion of agenda items and the adoption of decisions on issues put to the vote, as well as the possibility of transferring decisions of the owners within the prescribed period to the place or address, which are indicated in the notice on holding a general meeting of owners of premises in an apartment building.
(Part 3 as amended by Federal Law No. 176-FZ dated June 29, 2015)

Article 47.1. General meeting of owners of premises in an apartment building in the form of absentee voting using the system

(introduced by Federal Law No. 263-FZ of July 21, 2014)

1. If the general meeting of owners of premises in an apartment building makes decisions provided for in paragraphs 3.2 - 3.4 of part 2 of Article 44 of this Code, the system is used to post messages about the holding of a general meeting of owners of premises in an apartment building, decisions taken by the general meeting of owners of premises in an apartment building house, voting results, for storing minutes of general meetings of owners of premises in an apartment building on the agenda of a general meeting of owners of premises in an apartment building, for posting electronic images of decisions of owners of premises in an apartment building on issues put to vote, as well as for voting on issues on the agenda of the general meeting of owners of premises in an apartment building.

2. If the system is used during a general meeting of owners of premises in an apartment building, posting messages about a general meeting of owners of premises in an apartment building, decisions made by a general meeting of owners of premises in an apartment building, voting results, storage of minutes of general meetings of owners of premises in an apartment building on the agenda of the general meeting of owners of premises in an apartment building, decisions of the owners of premises in an apartment building on issues put to a vote are carried out taking into account Part 4 of Article 45, as well as Parts 3 and 4 of Article 46 of this Code.

3. Not later than fourteen days before the start date of the general meeting of owners of premises in an apartment building, using the system, a notice must be sent to the administrator of the general meeting about holding the relevant general meeting of owners of premises in an apartment building that meets the requirements provided for by Part 4 of this article, in the procedure established by the general meeting of owners of premises in an apartment building in the event of an annual general meeting of owners of premises in an apartment building, or by the owner, on whose initiative an extraordinary general meeting of owners of premises in an apartment building is convened.

4. If the system is used when holding a general meeting of owners of premises in an apartment building in the form of absentee voting in the notice of holding a general meeting of owners of premises in an apartment building, along with the information provided for in paragraphs 1, 2, 4 and 5 of part 5 of Article 45 of this Code, must be specified:

1) information about the administrator of the general meeting (name (company name), legal form, location, postal address, contact phone number, official website on the Internet information and telecommunications network (for a legal entity), last name, first name, patronymic) , passport details, place of permanent residence, contact phone number, e-mail address (for an individual);
2) the place and (or) the actual address of the administrator of the general meeting;
3) the date and time of the beginning and end of voting using the system on issues put to the vote;
4) the procedure for the administrator of the general meeting to accept written decisions of the owners of premises in an apartment building on issues put to a vote.

5. The administrator of the general meeting places a notice on holding a general meeting of owners of premises in an apartment building, transmitted to him in accordance with part 2 of this article, in the system no later than ten days before the date and time of the start of such a meeting. Within the specified period, the administrator of the general meeting sends a message about holding a general meeting of owners of premises in an apartment building to each owner of premises in this building through the system.

6. Voting on the agenda of the general meeting of owners of premises in an apartment building using the system is carried out by the owners of premises in an apartment building personally by indicating a decision on each agenda item, expressed in the words "for", "against" or "abstained" in electronic form, or by transferring to the administrator of the general meeting the written decisions of the owners of premises in an apartment building on issues put to the vote, before the date and time of the end of such voting.

7. Those who took part in the general meeting of owners of premises in an apartment building using the system are considered to be owners of premises in this building who voted in electronic form, as well as owners whose decisions were received before the date and time of the end of the voting specified in the notice of the general meeting of owners premises in an apartment building.

8. The duration of voting on the agenda of the general meeting of owners of premises in an apartment building using the system should be at least three days and no more than five days from the date and time of the start of such voting.

9. Voting on the agenda of the general meeting of owners of premises in an apartment building using the system is carried out without interruption from the date and time of its beginning to the date and time of its end.

10. The administrator of the general meeting is obliged to indicate in the system information about the person participating in the vote, information about the document confirming the ownership of the person participating in the vote to the premises in the relevant apartment building, transferred to him by the owner of the premises in the apartment building in writing and expressed in the wording "for", "against" or "abstained" the decision on each agenda item, as well as place in the system an electronic image of the said decision of the owner of the premises in the apartment building within one hour from the moment of receiving such a decision.

11. Decisions of the general meeting of owners of premises in an apartment building, adopted based on the results of voting using the system, on issues put to the vote, are automatically formed in the form of a protocol and posted in the system within one hour after the end of such voting.

12. Minutes of general meetings of owners of premises in an apartment building on the agenda of the general meeting of owners of premises in an apartment building, formed using the system by a general meeting of owners of premises in an apartment building, electronic images of decisions of owners of premises in an apartment building on issues put to vote, submitted to the administrator general meeting are stored in the system.

13. The holding of a general meeting of owners of premises in an apartment building in the form of absentee voting using other information systems is carried out in the manner and within the time limits provided for by this Code, taking into account the specifics established by this article.

Article 48. Voting at a general meeting of owners of premises in an apartment building

1. The right to vote at a general meeting of owners of premises in an apartment building on issues put to a vote shall be vested in the owners of premises in this building. Voting at a general meeting of owners of premises in an apartment building is carried out by the owner of the premises in this building either personally or through his representative.

2. The representative of the owner of premises in an apartment building at a general meeting of owners of premises in this building 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 data) and must be drawn up in accordance with the requirements of paragraphs 3 and 4 of Article 185.1 of the Civil Code of the Russian Federation or notarized.
(as amended by Federal Law No. 267-FZ of July 3, 2016)

3. The number of votes that each owner of premises in an apartment building has at a general meeting of owners of premises in this building is proportional to his share in the right of common ownership of common property in this building.

4. Voting on the agenda of the general meeting of owners of premises in an apartment building can be carried out through written decisions of the owners on the issues put to a vote.

4.1. Voting on the agenda of the general meeting of owners of premises in an apartment building, held in the form of in-person and absentee voting, is carried out through written decisions of the owners on the issues put to a vote.
(Part 4.1 was introduced by Federal Law No. 176-FZ of June 29, 2015)

5. 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, except for the case provided for in Article 47.1 of this Code.
(as amended by Federal Law No. 263-FZ of July 21, 2014)

5.1. When holding a general meeting by means of in-person, in-person or absentee voting, the decision of the owner on the issues put to the vote, which is included in the minutes of the general meeting, must indicate:

1) information about the person participating in the voting;
2) information about the document confirming the ownership of the person participating in the vote to the premises in the relevant apartment building;
3) decisions on each item on the agenda, expressed as "for", "against" or "abstained".
(Part 5.1 was introduced by Federal Law No. 176-FZ of June 29, 2015)

6. 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. If 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 condition of the common property of residents in an apartment building, the procedure for caring for it and many other issues should be decided by the owners of the premises. This requires a special governing body - the meeting of owners. In order for its decisions to be legal, it is important to follow the procedure established by law for its formation and work.

What it is?

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

The General Meeting is an independent management body for the owners of apartments and commercial premises in an apartment building (MKD).

The provisions adopted by him, the rules must be observed by all owners of premises and residents.

Law

The meeting of the owners of the premises is the highest management body in the life of the MKD in accordance with clause 1. The same norm determines that it is carried out by considering and solving topics and problems relevant to residents.

The basic requirements for the management of MKD are fixed.

According to its provisions, the management of MKD is the activity of the owners of premises and persons authorized by them to:

creating safe and comfortable living conditions in the home;
ensuring the proper maintenance of joint property and its use;
provision of housing and communal services that meet established norms and standards.

A meeting is considered legitimate when the participation of apartment owners or their delegates with votes of more than 50% (part 1 of article 44, parts 1, 3) takes part in it. Its conclusions are made by the majority of the votes of the persons participating in the meeting.

Competence of the general meeting of owners of an apartment building

The powers and obligations of the assembly are established by the Housing Code.

In paragraph 2 of Art. 44 of the Housing Code of the Russian Federation, their list is current for 2020, which is conditionally divided into the following groups of questions:

On the management of the common property of MKD.
On the financial and economic side.
For administrative and economic activities.

What is included?

In the field of joint property management, the competence of the general meeting of owners of an apartment building includes consideration of the following issues:

reconstruction of MKD (including superstructure, extensions), erection of outbuildings and other structures, overhaul and spending of the fund formed for it;
on the framework of the use of the land area on which the house is located, including the establishment of restrictions on its operation;
on the use of common property by persons who are not owners of premises or residents of MKD, for example, on the installation of advertising structures;
on granting the Council of MKD the rights to organize internal and external operational repairs.

In the financial and economic area, the meeting of residents is competent in choosing:

options for the formation of a fund for the overhaul of a house and the required contributions to it;
forms of financing the costs of convening and conducting their work.

The competence of the general meeting of owners of an apartment building in the field of administrative and economic activities includes consideration of issues:

on the use of information systems for absentee meetings;
on determining the circle of persons authorized to use such information systems;
on the procedure for the specialist to receive information about meetings, the duration of voting, and the developed decisions;
on granting the council competence in resolving issues of conducting operational repairs;
on granting the chairman of the council the rights to deal with cases not provided for in Part 5 of Art. 161.1 RF LC.

Order of conduct

The general meeting of homeowners in the MKD is held in the following order:

The first stage is preparation.
Further, residents are informed about the planned event.
The main stage is directly in the vote.
At the final stage, the results of the meeting are recorded.

Foundations

The general meeting must be held in accordance with the rules determined by the LC RF. Otherwise, his decisions will not be valid.

The Code provides for meetings of owners of premises in MKD of two types:

The first is annual. In accordance with it, it should be collected in the second quarter of the year following the reporting year. Moreover, the responsibility for its omission has not been established. Therefore, it is not mandatory.
The second type is an extraordinary meeting. The duration of its implementation is not limited by law. Any owner of property in the MKD can initiate such an event.

Fixing the results

Decisions made by voting are recorded in . They must be completed within 10 days. The initiator must provide within this period copies of the protocol and its annexes to the management company (HBC, HOA, etc.), which no later than 5 days sends them to the housing inspection.

The initiator must inform the owners of the premises about the results of the meeting within 5 days. He may place an appropriate announcement in a place accessible to all residents, determined at the meeting.

Can it be disputed?

The owner of the apartment has the right to challenge the results of voting at the general meeting if the procedure for organizing or holding it is violated.

Housing Code of the Russian Federation, each owner of the premises is given the right to apply to the court if he:

did not participate in the meeting;
voted against the disputed result (para. 6).

You can file an application with the court within six months from the moment when it became known about the decision or when the owner should have known about it.

The court has the right to uphold the contested decision in force in the following cases:

the plaintiff's vote could not influence the outcome of the vote;
the breach is not material;
the contested decision does not entail losses for the applicant.

According to Art. 181.4 of the Civil Code of the Russian Federation, the grounds for challenging decisions are:

failure to comply with the laws;
the admission of a significant violation during the organization or during the event, which affected the will of the persons involved;
lack of rights of the representative of the participant;
violation of the equality of rights of citizens who took part in the event during its implementation;
a case of serious violation of the rules for fixing the resulting document, including the use of a written form.

The decision of the meeting may be declared null and void if:

concerns issues not included in the agenda (with the participation of all owners of MKD premises);
there was no sufficient quorum;
concerns topics that are not related to the powers of the general meeting of owners of an apartment building;
it contains a contradiction with the foundations of morality or law and order (Article 181.5 of the Civil Code of the Russian Federation).

The claim is made against the initiator of the event. In accordance with Part 6 of Art. 181.4 of the Civil Code of the Russian Federation, in order to go to court, the applicant must inform all participants of his intention, providing them with the available information that is relevant to the case. To do this, send registered letters or personally collect signatures on the notification.

2. The competence of the general meeting of owners of premises in an apartment building includes:

1.1) making decisions on the choice of a method for forming a capital repair fund, the choice of a person authorized to open a special account with a Russian credit institution, and to carry out transactions with funds held on a special account;

1.1-1) making decisions on the amount of the capital repair contribution in terms of exceeding its size over the established minimum capital repair contribution, the minimum capital repair fund in terms of exceeding its size over the established minimum capital repair fund (if the law of the subject of the Russian Federation, the minimum size of the overhaul fund is established), the placement of temporarily free funds of the overhaul fund, formed on a special account, on a special deposit in a Russian credit institution;

1.2) 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 determining 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 the specified guarantee, surety;

2) 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, as well as on the conclusion of an agreement on the establishment of an easement, an agreement on the implementation of a public easement in relation to a land plot related to common property in an apartment building ;

2.1) making decisions on the improvement of the land plot on which the apartment building is located and which relates to the common property of the owners of premises in the apartment building, including the placement, maintenance and operation of landscaping and landscaping elements on the specified land plot;

3) 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;

3.1) 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 common property of owners of premises in an apartment building (including contracts for the installation and operation of advertising structures), to submit documents for approval of the reconstruction and ( or) redevelopment of the premises, which is part of the common property in an apartment building, for the conclusion of an agreement on the establishment of an easement, an agreement on the implementation of a public easement in relation to a land plot related to the common property of the owners of premises in an apartment building, and on persons authorized to sign these agreements , as well as on the procedure for receiving funds provided for by these agreements on the terms determined by the decision of the general meeting;

3.2) making decisions on the use of the system or other information systems during the general meeting of owners of premises in an apartment building in the form of absentee voting;

3.3) making decisions on determining the persons who, on behalf of the owners of premises in an apartment building, are authorized to use the system or other information systems when holding a general meeting of owners of premises in an apartment building in the form of absentee voting (hereinafter referred to as the administrator of the general meeting);

3.4) making a decision on the procedure for the administrator of the general meeting to receive messages about holding general meetings of owners of premises in an apartment building, decisions of owners of premises in an apartment building on issues put to a vote, as well as on the duration of voting on the agenda of the general meeting of owners of premises in an apartment building in the form of absentee voting using the system;

3.5) making a decision on the procedure for financing the costs associated with convening and organizing the holding of a general meeting by the managing organization, the board of a homeowners' association, a housing or housing-construction cooperative, another specialized consumer cooperative in accordance with Part 6 of this Code;

4) choice of a way to manage an apartment building;

4.1) making decisions on the current repair of common property in an apartment building;

4.2) making a decision on empowering the council of an apartment building with the authority to make decisions on the current repair of common property in an apartment building;

4.3) making a decision on empowering the chairman of the council of an apartment building with the authority to make decisions on issues not specified in part 5 of this Code, with the exception of powers that fall within the competence of the general meeting of owners of premises in an apartment building;

4.4) making a decision on the conclusion by the owners of premises in an apartment building, acting on their own behalf, in the manner prescribed by this Code, respectively, contracts for cold and hot water supply, sanitation, electricity, gas supply (including the supply of domestic gas in cylinders), heating (heat supply , including the supply of solid fuel in the presence of stove heating) (hereinafter also referred to as an agreement containing provisions on the provision of public services), agreements for the provision of services for the treatment of municipal solid waste with a resource supply organization, a regional operator for the treatment of municipal solid waste;

4.5) making a decision on consent to the transfer of residential premises to non-residential premises;

5) other issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building.

The provisions of Article 44 of the LC RF are used in the following articles:

The procedure for holding a general meeting of owners of premises in an apartment building
3. The general meeting of owners of premises in an apartment building is competent (has a quorum) if it was attended by the owners of premises in this building or their representatives with more than fifty percent of the votes of the total number of votes, with the exception of the general meeting of owners of premises in an apartment building, conducted on the issue specified in clause 4.5 of part 2 of article 44 of the HC RF. In the absence of a quorum for holding an annual 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. The general meeting of owners of premises in an apartment building, held on the issue specified in clause 4.5 of part 2 of article 44 of the HC RF, is competent (has a quorum):
Decisions of the general meeting of owners of premises in an apartment building
1. Decisions of the general meeting of owners of premises in an apartment building on issues put to a vote are taken by a majority vote of the total number of votes of those participating in this meeting of owners of premises in an apartment building, with the exception of the decisions provided for in paragraphs 1.1, 4.2 of part 2 of Article 44 of the LC RF, which are accepted by more than fifty percent of the votes of the total number of votes of the owners of premises in an apartment building, and the decisions provided for in paragraphs 1, 1.1-1, 1.2, 2, 3, 3.1, 4.3 of Part 2 of Article 44 of the Housing Code of the Russian Federation, which are taken by a majority of at least two-thirds votes from the total number of votes of the owners of premises in an apartment building, as well as the decision provided for in clause 4.5 ...
General meeting of owners of premises in an apartment building in the form of absentee voting using the system
1. If the general meeting of owners of premises in an apartment building makes decisions provided for in paragraphs 3.2 - 3.4 of Part 2 of Article 44 of the HC RF, the system is used to post messages about a general meeting of owners of premises in an apartment building, decisions made by a general meeting of owners of premises in an apartment building house, voting results, for storing minutes of general meetings of owners of premises in an apartment building on the agenda of a general meeting of owners of premises in an apartment building, for posting electronic images of decisions of owners of premises in an apartment building on issues put to vote, as well as for voting on issues on the agenda of the general meeting of owners of premises in an apartment building. Open article
special account
6. Funds held in a special account cannot be levied on the obligations of the owner of this account, with the exception of obligations arising from contracts concluded on the basis of decisions of the general meeting of owners of premises in an apartment building specified in clause 1.2 of part 2 of article 44 Housing Code of the Russian Federation, as well as contracts for the provision of services and (or) the performance of work on the overhaul of common property in this apartment building, concluded on the basis of a decision of the general meeting of owners of premises in an apartment building to carry out a major overhaul or on another legal basis.
Special deposit
4. Funds placed on a special deposit cannot be levied on the obligations of the owner of a special account, with the exception of obligations arising from contracts concluded on the basis of decisions of the general meeting of owners of premises in an apartment building specified in paragraphs 1.1-1 and 1.2 Part 2 of Article 44 of the Housing Code of the Russian Federation, as well as contracts for the provision of services and (or) the performance of work on the overhaul of common property in this apartment building, concluded on the basis of decisions of the general meeting of owners of premises in an apartment building on capital repairs or on other legal grounds.