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When the meeting is valid. Step-by-step instructions on how to hold a general meeting of owners of MKD. Voting results

The stable operation of the managing organization largely depends on the correct holding of the general meeting of owners of MKD premises. Challenging decisions of general meetings of owners has already become a common practice. Lawyers are mired in courts that sometimes last for years; leaders of governing organizations are nervously watching the process; the initiators of general meetings are unlikely to ever agree to be initiators again; and the owners of the premises who took part in the meeting are no longer happy that they voted (they are either summoned to court or asked to sign additional documents).

According to paragraph 7 of the Letter of the Ministry of Construction of Russia dated October 5, 2017 No. 35851-EC/04, when assessing the owner’s decision for recognition as valid, it is necessary to proceed from whether the specified decision allows identifying the person who took part in the vote, and establish the will of this person on the agenda of the general meeting of premises owners.

Appeal ruling of the Moscow City Court dated August 14, 2017 in case No. 33-31916/2017 the court satisfied the claims for recognition as illegal and not giving rise to legal consequences decisions made at the general meeting owners of premises because the initiators of the meeting - the defendants violated the procedure for convening and holding a general meeting of owners of the premises of an apartment building, did not notify all owners of the premises in the building about the meeting and the agenda, held the meeting in the absence of a quorum, and therefore the decisions of the meeting are void.

To summarize the voting results, a counting commission must be created. The issue of its creation is included in the agenda of the general meeting. The composition of the counting commission is proposed by the initiator of the general meeting and approved by the meeting.

In accordance with Part 3 of Art. 45 of the Housing Code of the Russian Federation, the general meeting of premises owners is competent (has a quorum) if the owners of premises or their representatives with more than 50% of the votes of the total number of votes took part in it.

Decisions of the general meeting of owners of premises in an apartment building on issues put to vote are adopted by a majority of votes of the total number of votes taking part in the meeting, with the exception of issues provided for in paragraph 1.1 of part 2 of Article 44 of the Housing Code of the Russian Federation (adopted by more than fifty percent of the votes of the total number of votes of owners of premises in an apartment building), and provided for in paragraphs 1, 1.1-1, 1.2, 2, 3, 3.1, 4.2, 4.3 of Part 2 of Article 44 of the Housing Code of the Russian Federation (which are adopted by a majority of at least two-thirds of the total number of votes of the owners premises in an apartment building).

In the case of absentee and in-person meetings, the presence of a quorum for making decisions on the agenda items is determined by the counting commission based on the number of votes specified in the decisions of the owners received before the end of voting. The end date for the voting of owners must coincide with the date in the messages about the OSS.

The decision of the general meeting of owners of premises in an apartment building is documented in a protocol (Part 1, Article 46 of the Housing Code of the Russian Federation). The minutes of the general meeting of owners of premises in apartment buildings must comply with the Requirements for the preparation of minutes of general meetings of owners of premises in apartment buildings. By Order of the Ministry of Construction of Russia dated December 25, 2015 No. 937/pr).

The minutes of the general meeting are drawn up in writing within the time frame established by the general meeting, but no later than 10 days after the general meeting (clause 2 of the Requirements, approved by Order of the Ministry of Construction of Russia dated December 25, 2015 No. 937/pr. This order also contains an example form of the OSS protocol).

The minutes of the general meeting should indicate the name of the document, the date and registration number of the minutes, the date, the place of the general meeting, the title to the content of the minutes, the content of the minutes, the agenda, the presence of a quorum, the number of votes on each issue, the place (address) of storing the minutes , list of applications (if indicated in the content part of the protocol). The minutes are signed by the chairman, secretary of the meeting and members of the counting commission (clause 22, section 6, clause 15, section 7 of the Methodological Recommendations, approved by Order of the Ministry of Construction of Russia dated July 31, 2014 No. 411/pr; clause 4, Section II of Requirements N 937/pr).

Mandatory annexes to the Protocol are:

notice of the general meeting, on the basis of which the general meeting is held;

notification of decisions made at the next general meeting of owners of premises in the apartment building;

powers of attorney of representatives of owners of apartment buildings.

The originals of the decisions and minutes of the general meeting of owners of premises in an apartment building are subject to mandatory submission by the person on whose initiative the general meeting was convened to the management organization no later than ten days after the general meeting (Part 1 of Article 46 of the Housing Code of the Russian Federation). In turn, the management organization is obliged to send the received originals of these decisions and protocol (within five days from the date of receipt) to the state housing supervision authority (for storage for three years).

According to Part 6 of Art. 46 of the Housing Code of the Russian Federation, the owner of a premises in an apartment building has the right to appeal in court a decision made by a general meeting of owners of premises in a given building in violation of the requirements of this Code within six months from the day when the said owner learned or should have learned about the decision.

Everyone knows that, starting in July 1991, namely with the advent of the law “On the privatization of housing stock in the Russian Federation,” many Russians began to gradually become owners of their homes.

With the transition to a new owner status, each resident has new opportunities

This is real participation in regulating the life of your apartment building. And one of the main types of such participation and control over the processes taking place in the house is that residents have the right choosing a method for managing an apartment building.

That is, now they can collectively decide whether they want their house to continue to be serviced by the state housing service - or, if such service does not suit them for some reason, the decision of the group of owners can change in favor of choosing any private company and etc. - and such a decision is made at the general meeting of owners.

But in this article we will not touch upon the issue of organizing an HOA. Let's first talk about how, according to the housing code, that is, in accordance with the law, any collective decisions must be made by the owners in principle. Because, in the end, whether this or that decision will be implemented and whether it can be fully implemented depends on how correctly everything is done and formalized. And the first thing you need to know for this:

The governing body of any apartment building is the general meeting of homeowners

The procedure for holding such a meeting is strictly regulated by law. (Part 1 of Article 44 of the Housing Code of the Russian Federation). The initiator of the meeting can be either any owner or the management organization, but, as practice shows, it is best if an initiative group of owners appears in the house, consisting of the residents of the apartment building, which will subsequently coordinate all joint work on the house.

Thus, in the house you should first gather a team of like-minded people - an initiative group. They have the right to enter only residential property owners and its composition may consist of at least five people. It is worth including in such a group people who have a legal, economic education and managerial work experience, since this activity involves the preparation of documents, the conduct of official affairs related to the activities of the entire household and its service organizations, as well as communication with various kinds of representatives of administrative governing bodies at different levels.

The task of the initiative group is to properly organize the association of owners

so that they can really influence the life of the house in which they live, and their joint collective decisions would have legal force.

According to the law, the general meeting of owners of premises in an apartment building is held annually during the second quarter of the year, following the reporting one. An extraordinary meeting of residents can also be held - on a specific initiative of one or another - as already mentioned above.

Where does the process of organizing a meeting of owners begin?

So, if you have decided who will be part of the initiative group of your home owners, you first need to hold a meeting. It determines the agenda proposed for this meeting, and also discusses the details of the general meeting of owners: its date, time and location. The first official meeting of owners must be held in person, i.e. “through the joint presence of the owners of the premises,” as stated in the housing code.

The result of the meeting of the initiative group should be a protocol in which the intention to organize and hold a general meeting of owners of premises in an apartment building should be formulated. This protocol must also indicate:

the form of the future meeting (in-person, absentee, in-person and absentee voting);
place and time of its holding;
list of issues to be discussed.

At the same time, it is very important to formulate the list of issues planned for discussion as accurately as possible, because it will no longer be possible to change the agenda during the meeting itself, that is, the owners will not be able to make decisions on issues that were not planned and determined by the initiative group in advance.

So - you have decided, you have chosen an initiative group representing the interests of the house, The members of the group got together and first received from the management organization a register of premises owners, which should include all the owners of privatized apartments in the building, indicating the area of the premises they occupy. We drew up notices based on the number of owners, which should indicate:

information about the initiator(s) of this meeting;
form of the meeting (in-person meeting or absentee voting);
date, time, place of the meeting;
if the meeting will be held in the form of absentee voting (and this is only possible if the previous one has already been held in person) - the end date for accepting decisions of the owners on issues put to vote;
the place or address to which documents containing such decisions should be sent;
meeting agenda;
the procedure for familiarizing yourself with information and (or) materials that will be presented at this meeting;
place or address where they can be viewed.

The initiator of the meeting, the initiative group, must inform the owners of the premises about the meeting no later than 10 days before the appointed date. And, accordingly, within the specified period, a notice of the general meeting must be sent to each owner.

To do this, guided by the provisions of Part 4 of Art. 45 of the Housing Code of the Russian Federation, you can act in different ways:

2) hand over a letter against signature to each owner of the premises;

3) place an announcement about the meeting in the premises of this house, determined by the decision of the general meeting of owners and accessible to all owners of the premises.

How to hold a general meeting of owners?

How to conduct a meeting correctly - this question is asked by people quite often. And even more often, meetings are held that have only the appearance of such... People go out into the courtyard, for example, and begin to discuss, shouting over each other, pressing issues, often at the same time they see each other for the first time... Whoever speaks louder is the one in the subconscious level, is perceived by others as main… And by whom, when and under what circumstances this chief was elected as such - and whether he was elected at all - no one even thinks about it. Residents sometimes don’t even know who they are communicating with in this way: with the owners, with public housing tenants, or even with someone’s temporary tenants...

And then, after this meetings a certain paper appears, it is unclear on what basis and how it was written... And people think that this is minutes of their meeting…

It’s good when such events relate to some local general household needs. Well, they raised money, well, they installed, built, repaired... As a rule, in such cases, no one cares about such collective decisions.

And if, say, you need to make really fateful decisions- both for each owner and for the house as a whole? Or - suddenly one of the people, not understanding what is happening at all and why it is called a meeting of owners, turns out to disagree with something in these decisions?..

That’s when it turns out that such public gatherings and their collective efforts are simply in vain: they have no legal force and only leave people in the illusion that they have collectively officially decided on something and can now sleep peacefully... And this there is a deep misconception.

The standard form for holding an in-person meeting of premises owners in an apartment building is as follows:

If there is a quorum, that is, if, after all the above procedures carried out by the initiative group of owners, the remaining owners of their apartments came to the meeting or their legal representatives and the meeting participants were no less than 51 percent of the total number of owners living in the house, the meeting can begin. And in order to find out whether a quorum is present at a meeting in person, the so-called appearance sheet.

That is, Each owner who comes to the meeting must present his document to the organizers, identifying him, as well as a document confirming ownership of the living space he occupies. If a representative of the owner participates in the meeting, he must also have an official document confirming this right. This is usually a formal power of attorney certified by a notary.

Such a power of attorney for voting must contain information about the represented owner of the premises and his representative (name, place of residence or location, passport details). This document must be drawn up in accordance with the requirements of clauses 4 and 5 of Art. 185 of the Civil Code of the Russian Federation or certified by a notary (Part 2 of Article 48 of the Housing Code of the Russian Federation).

All this data is entered into the appearance sheet, where each owner who comes must sign.

Before the meeting starts its organizers are counting how many owners have registered and which shares in common property rights they have. At the same time, the number of votes that each owner has at the general meeting is in proportion to his share in the right of common ownership of common property. Thus, this same share is determined for each owner by dividing the area of the premises (based on his certificate of ownership) by the sum of the areas of residential and non-residential premises in the house according to the house technical passport.

We must remember that in order to take into account the actual area of residential and non-residential premises of your home, it is necessary to use information only about those premises for which ownership rights are registered in the State Register. It is his information that is considered priority in the event that suddenly any discrepancies arise in the residents’ documents.

How to calculate practically the share of each owner?

Let's imagine that in a house, for example, there are ten apartments with an area of 30 m2 each. That is, the total area of these apartments is, respectively, 300 m2. In this case, the share of each apartment in the ownership of common property will be:

Moreover, the share, as you noticed, is not calculated as a percentage, but in shares. (However, it is clear that a share, for example, 0.1 corresponds to 10%).

In order for the decision of the meeting to be considered legal later, it is important that more than half, or preferably two-thirds, of the votes of all owners of residential premises according to the living space they occupy are collected. This means that in this case it is not just the number of people who voted that is taken into account, but specifically the number of square meters of living space.

That is, in order to count votes correctly, it is important to know the total area of all living spaces in the house, as well as what percentage of the total figure is one square meter. And the resulting percentage is multiplied by the square footage of the apartment owned by the owner. After this, you need to calculate what percentage of square meters participated in the vote and how the votes were distributed as a result, and the calculation is done separately for each issue on the meeting agenda. Thus, the owner of a three-room apartment, for example, has a larger percentage share in voting than the owner of a one-room apartment.

That's why the main document of each owner, determining the area of the room it occupies is his Certificate of ownership of the premises.

So - the general meeting of owners of premises in an apartment building has finally begun

First, the following are elected: the chairman of the meeting, his secretary for taking minutes, a counting commission for summing up the voting results (its number and personal composition are determined). These are mandatory procedural standards. And then only the remaining issues on the agenda are discussed, which ends with voting.

Minutes of meetings of owners and their decisions must be stored at the address, which must also be determined by the decision of such a meeting. And in each decision of the owner, which, in essence, is the result of the entire procedure described above, the following information must be indicated:

about the person who participated in the vote;
about a document confirming his ownership;
about the decision of this person on each issue on the agenda, expressed in the wording “for”, “against” or “abstained” (Part 3 of Article 48 of the Housing Code of the Russian Federation).

And, in the end, in accordance with the Housing Code of the Russian Federation, copies of the meeting’s decision and its minutes must be transferred to the management company, which, in turn, is also obliged, within five days after receiving these documents, to send them to the State Housing Inspectorate for storage there for a period of three years.

Now, we hope that after reading this article, you will not make more mistakes in this not so simple matter - organizing legitimate meetings of owners of premises in an apartment building. And if you still have any questions, write them in the comments, and we will definitely answer them.

The Ministry of Construction and Housing and Communal Services calls on management organizations (MAs) not to engage in arbitrariness, but to entrust the resolution of important issues to the owners of residential and non-residential premises in multi-apartment residential buildings. In 2017, the requirements for forms of self-government remained the same: the body competent to make decisions on the organization of management of apartment buildings remains the general meeting of owners (GMS).

Involving residents in the management of apartment buildings will improve the quality of maintenance of houses, the level of comfort and safety of life in cities.

This is the only way to guarantee the protection of the legal rights and interests of owners, and for management companies to establish effective management of apartment buildings.

What issues are put to a vote by the OSS?

In accordance with Part 2 of Article 44 of the Housing Code of the Russian Federation, issues related to the management of apartment buildings are resolved at the meeting:

carrying out major repairs and reconstruction of common property;
construction of extensions, outbuildings, other buildings, structures, structures on the territory assigned to the house;
formation and management of a capital repair fund;
obtaining credits and loans for repair and construction work;
establishing limits for the use of the land plot on which the apartment building stands;
development of rules for the use of common property by owners and tenants of built-in and attached non-residential premises;
choosing a way to control the house;
carrying out routine repairs of common property, including the replacement and installation of collective metering devices, installation of wireless dispatch systems for readings from energy meters.

In the latter case, it is advisable to involve the general contractor in the preparation and conduct of the environmental assessment. Contractors are interested in receiving an order, so they will provide detailed information about their work or services, which will help meeting participants make the right decision.

What are the requirements for conducting OSS in 2017?

A meeting is considered valid if it was prepared and held taking into account all the requirements and, most importantly, the voting results were correctly documented.

Frequency of OSS

According to Part 1 of Article 45 of the Housing Code of the Russian Federation, the OSS is carried out at least once a year - in the second quarter of the year following the reporting one. It is allowed to establish another period for holding the meeting by a collective decision of the owners of the premises. This should be documented in the minutes of one of the previously conducted OSS.

An extraordinary OSS can be convened at any time on the initiative of any owner of premises in the building or management organization. The initiator of the meeting is obliged to notify all owners of premises in the apartment building about its convening no later than 10 days before the expected date of its holding.

Notification of OSS participants about its holding

Article 45 of the RF Housing Code provides that a notice of the OSS must be sent to each owner of the premises by registered mail. But practice shows that it is best to supplement the letter with an inventory of the attachments. In this case, owners who did not take part in the OSS, primarily those who rent out apartments and non-residential premises, will not be able to explain their absence by improper notification.

IMPORTANT! In accordance with paragraph 1 of Article 165 of the Civil Code of the Russian Federation, a notice will be considered delivered even in cases where it was received by the owner, but was not delivered to him or the addressee did not familiarize himself with it.

If a meeting is held in absentia or in absentia, the envelope with the notification must include the decision forms on the issues discussed and all the information necessary to make a decision.

Quorum

Particular requirements for the OSS are determined by the issues put to vote and relate to the quorum - the number of owners who took part in the meeting and the number of “for” votes required to make a decision.

Organizational issues of a general nature require more than 50% votes in favor.
Issues related to major repairs, reconstruction of apartment buildings and construction on the territory of the assigned land plot - 2/3 voted “for”.
The decision to reduce the size of common property in an apartment building as a result of its reconstruction, redevelopment, or redevelopment requires the unanimous consent of the owners.

Forms of holding a general meeting

The general meeting can be held in person, in absentia and in absentia. The latter is provided for by Federal Law No. 176-FZ of June 29, 2015 “On Amendments to the Housing Code of the Russian Federation.” This innovation was forced: the practice of conducting OSS has shown that it is rare for anyone to be able to gather all the owners of the premises at a designated time in a specific place.

In-person meeting

It is held with the joint presence of all meeting participants in a certain place and at a set time to discuss issues on the agenda and make decisions on them.

Absentee voting

It is carried out in cases where the quorum required to make a decision was not reached at the meeting in person. It represents the transfer to the initiator (initiative group) of the OSS of decisions of the owners of premises in the apartment building on the issues under discussion, drawn up on paper and sealed with personal signatures. If the owner is a legal entity, the signature is sealed with the seal of the organization.

It is necessary to respect the rights of each owner of the premises in the house, regardless of whether it is a private person or a legal entity, and make decisions at a general meeting.

Mikhail Men, Minister of Construction and Housing and Communal Services of the Russian Federation

Part-time participation in OSS

It is carried out in stages or in parallel in the form of direct in-person participation and absentee voting. Implies the opportunity for owners of premises in apartment buildings to discuss issues put to a vote in person while simultaneously transmitting absentee decisions submitted within the prescribed period.

The quorum of such a meeting is determined as a whole based on its results, but not earlier than the expiration of the period during which absentee voting participants must submit their decisions.

Can owners challenge the results of the OSS?

The general meeting is a vote on the issues specified in the agenda, and there will always be those who will be against the decision made by the majority of votes. They will probably want to protest it. It is important to remember that in the absence of a higher authority, only a court can overturn a decision made at the OCC.

According to paragraph 6 of Article 46 of the RF Housing Code, the results of a meeting can be challenged and declared invalid in the following cases:

the established procedure for notifying premises owners about the place and time of the upcoming meeting was violated;
the decision of the OSS does not reflect the stated agenda;
irregularities were identified in the counting of votes of meeting participants;
the requirements for the required number of votes were violated;
the decision was made in violation of the requirements;
information about the number of votes belonging to any of the OSS participants is distorted;
the notice of the meeting was drawn up incorrectly;
the powers of the owners of the premises are not certified or certified improperly;
meeting participants did not receive the information necessary to make a decision;
if the initiator of the meeting is a management company with which a management agreement for the apartment building has not been concluded.

In any of the situations presented above, the owner of the premises has the right to appeal the decision of the OSS in court within six months from the date of familiarization with the protocol. But only if he did not take part in the meeting, voted against the decision made, and if the decision itself infringes on his legitimate property interests.

If the plaintiff’s vote could not influence the results of the OSS, the violations identified are insignificant, and the decision made does not entail direct losses to the applicant, the court has the right to leave the appealed decision in force.

How to formalize decisions

The decision of the OSS is an important document that has legal consequences. If it is not formalized correctly, the meeting may be considered illegal. Therefore, when preparing it, it is necessary to strictly adhere to the requirements of Order of the Ministry of Construction dated December 25, 2015 No. 937/pr “On approval of the Requirements for the preparation of minutes of general meetings of owners of premises in apartment buildings.” Otherwise, there is a high probability that the decision made will be declared invalid and non-binding.

In addition to the requirements for drawing up minutes, the Order of the Ministry of Construction determines the maximum period within which the minutes must be drawn up: ten calendar days from the date of the meeting. In addition, the initiators of the meeting should remember the need to place all documents related to the OSS in the GIS Housing and Communal Services.

If it is revealed that the protocol was falsified, criminal liability will arise for this.

Andrey Chibis, Deputy Minister of Construction and Housing and Communal Services of the Russian Federation

OSS for the implementation of a dispatch system for metering devices

The need to comply with 261-FZ and 209-FZ adds headaches to managers of management companies and HOAs. By law, each apartment in the building must be equipped with water/electricity meters. According to Federal Law 261-FZ, residents themselves must pay for the installation and cost of meters - not all owners agree to this.

If we take existing solutions, then we can install the cheapest meters and calm down. But the miser always pays twice! You will have to hire separate inspectors who will go door to door and write down the results. Residents do not respond well to such visits and in 30% of cases they will not even open the door.

If you force the owners to send the testimony themselves, they will definitely forget to do it. You need to be constantly reminded by phone or mail. Use an automated system for monitoring and accounting of energy resources (ASCAE). This solution minimizes human participation, but significantly increases control.

Some advantages of ASKUE for chairmen of management companies/homeowners' associations:

End-to-end metering of water/electricity - you can immediately see who has a “rubber” apartment;
Your own personal account, where all readings are online;
E-mail defaulters can be disconnected in one click;
The data is uploaded into a table that can be sent to GIS Housing and Communal Services, 1C, EIRTs;
There is no need to wait for data from residents, no “walkers” are needed.

We convince owners

The purpose of the meeting is to convince more than 50% of the owners about the need for implementation.

Here are the arguments for residents:

Reducing ODN to 1.5-3%. How it was: you pay 500 rubles for electricity and another 300 for one. These 300 rubles are collected from non-payers and “rubber” apartments, where the norm is calculated per 1 registered owner, but in fact 10 people live in the apartment. This “abnormal” expense is distributed among all residents. This will not happen with ASKUE, since defaulters are immediately visible in your personal account - you won’t get away with it.
There is no need to allow strangers into the house.
There is no need to write off and send the readings yourself - the device will automatically send everything.

Additionally, show them the results of the calculation on the payback calculator. Here is a water consumption calculator, and here is an electricity consumption calculator.

The numbers will tell you a lot; on average, the system will pay for itself in 9 months. These arguments are enough to get 50% of those who agree to make a decision. Those who disagree have every right to pay according to the standard. If we are talking about the meter at the ODPU, you can make a link to the Housing Code:

Decisions and minutes of the general meeting of owners of premises in an apartment building are official documents as documents certifying facts that entail legal consequences in the form of imposing responsibilities on the owners of premises in an apartment building in relation to the common property in this building.
Housing Code, 188-FZ, Art. 46

By the way, here are a few more advantages of automated dispatch for management companies and homeowners associations:

instant notification of the operator about interference in the operation of metering devices (no magnets!);
The accountant will have all the data on hand by the 25th;
Hourly consumption statistics online - see demo of your personal account;
connection up to 2,000,000 within a radius of 10 km without the need to purchase an additional base station, repeaters and hubs.

The STRIZH system uses LPWAN technology with a range of 10 km, without concentrators and repeaters.

Wireless dispatching of water, electricity in MKD

In continuation of the article.

The governing body in the MKD is the meeting of all apartment owners. It makes key decisions regarding common property

Any owner of the premises in the MKD can initiate a meeting. This provision is enshrined in paragraph 2 of Art. 45 Housing Code of the Russian Federation. As a rule, an initiative group is created from among the owners. Its members form the agenda and deal with organizational issues.

First meeting

Based on the provisions of Art. 45 of the Housing Code of the Russian Federation, all meetings, with the exception of the final annual meeting, are considered extraordinary. Before convening the meeting, a preliminary meeting of the initiative group is held. Only owners of MKD premises can enter it.

At the first meeting of the group, the agenda is determined general meeting of owners of an apartment building, day and address of the event. It must be organized face-to-face. In other words, all owners should participate in it.

Based on the results of the meeting of the initiative group, a protocol is drawn up. It expresses the intention to hold, indicates its venue. The minutes also contain a list of issues to be discussed and other important points.

Important points

Decisions of the general meeting of owners of an apartment building can only be accepted on those issues that are reflected in the agenda. The meeting does not have the right to discuss other problems or change the list of issues. The corresponding regulations are contained in Article 46 of the LC.

Taking this into account, when developing a meeting agenda, it is necessary to formulate the issues proposed for discussion as accurately as possible.

Before holding a general meeting of owners of an apartment building it is necessary to obtain information about the residents and the areas they occupy. The initiative group can request this information from the management company.

Notification

To ensure a quorum, it is necessary to send notice to each resident about the upcoming meeting. The notice should indicate:

Information about the persons who initiated the procedure.
The form of the meeting.
The place, time, date or day on which the adoption of decisions by the owners of the premises on issues put to vote ends, the address to which they should be transferred (if the meeting is organized in absentia).
Rules for familiarization with the materials (information) that are supposed to be presented at the meeting, or the address where they can be found.
Agenda.

Notification method

The initiative group must inform about the upcoming general meeting of owners of an apartment building 10 days before the day of its holding. Residents can be notified:

By registered letters. This method is considered the most effective.
Handing notices to each tenant against signature.
By posting an ad

Together with the notice, it is advisable to send information letters to the tenants, which will contain explanations on the merits of the issues that are put to the vote. Such a letter can also be posted on a bulletin board.

In-person meeting

On the appointed day, the initiators meet the residents at the appointed place. Residents have the right to send their representatives to the meeting. In this case, the powers of the latter must be confirmed by a power of attorney.

Information about the residents present is entered on the registration sheets.

It must be said that the meeting can be considered eligible if the owners of the premises came to it, collectively having more than half of the votes of the total number. The number of votes that an owner may have is calculated in proportion to the share in the right to common property of an apartment building.

If for some reason it was not possible to gain a quorum, a protocol is drawn up about this. It is signed by the initiative group.

Key procedures

On the first general meeting of owners of an apartment building must elect a chairman, secretary, and form a commission to count votes. The secretary is responsible for keeping minutes. When creating a commission, the number of its members is first approved, and then the specific persons included in it.

Familiarization with the decisions made

At the same time, the owners themselves must decide at what address and how the decisions will be familiarized with. Of course, this must be done on territory of an apartment building. All apartment owners should have free access to such a place.

As a rule, a copy is posted on the bulletin board minutes of the general meeting. Apartment building owners However, they may decide that the voting results will be made available in the form of a notice sent to each resident.

Document storage

Regardless of the form in which the meeting of premises owners was held, documents ( minutes of the general meeting of owners of an apartment building, etc.) must be stored in a location designated by residents. This rule is established by the LCD.

Absentee voting

It is carried out if general meeting of owners of an apartment building did not reach quorum.

The same issues are brought up for consideration by residents, only the form of making decisions on them changes. To implement the procedure, a meeting of the members of the initiative group is held. It discusses the form of notification to residents and the procedure for delivering forms with voting questions. A protocol is also drawn up based on the results of the meeting.

As in the case of in-person voting, notification of owners is carried out 10 days before the start date for making decisions. When discussing in absentia, it is advisable to send a notice to each tenant. A form with questions should be attached to it.

Solution form

Full name of the subject participating in the voting.
Details of the document (certificate) certifying the ownership of the living space in the apartment building.

The forms should also contain fields next to each question with the options “for”, “against” or “abstain”.

Reception and processing of forms

Decisions of the owners on the issues raised are made at the address indicated in the minutes of the meeting of the members of the initiative group. It is advisable to duplicate the reception location on each form. In addition, target dates should be specified.

Processing of received forms is carried out by the counting commission. Upon completion of the procedure, the voting results are made public.

Design features of solutions

Forms in which only one answer option from those presented will be selected for each question will have legal significance. Decisions executed with violations are considered invalid.

If the form contains several questions, failure to comply with the established requirements in relation to some of them will not entail the invalidation of the remaining decisions.

The results are published according to the same rules as for in-person voting. The message may be posted on a notice board or sent to each resident in the form of a letter. The notice period is also 10 days from the date of the final vote count.

The Ministry of Construction has issued methodological recommendations on the application of the provisions of the Housing Code. They contain several appendices that provide approximate standard forms of forms with questions, minutes and other documents drawn up during meetings. They can be taken as a basis, supplemented, changed in accordance with the needs of the residents of a particular apartment building.

What can owners discuss?

Issues relating exclusively to the MKD may be placed on the agenda of the meeting. In particular, the following may be discussed:

Reconstruction of a structure (including those associated with a superstructure or expansion), construction of outbuildings and other structures, buildings, repairs, rules for using the capital repair fund.
The choice of method for creating a capital repair fund, the amount of the contribution in terms of its excess over the established minimum standards. The latter is discussed if appropriate indicators are established by regional legislation.
Selecting a specific person responsible for opening a special account and carrying out settlement transactions with the funds on it.
Issues of obtaining a loan/credit for major repairs by an owner's association or housing cooperative (HBC) or other specialized consumer cooperative, management organization, authorized person (if management is carried out exclusively by the owners of living space). In this case, the general meeting may determine the need for a guarantee, obtaining a guarantee by the specified responsible entities. The owners are discussing the rules for repaying the loan from the capital repair fund, paying interest and the costs of obtaining guarantees and sureties.
Limits for using the adjacent territory of an apartment building. Owners of premises can set restrictions for unauthorized persons (within the limits of the law). In addition, the general meeting has the right to discuss issues related to the improvement of the local area of an apartment building and the sources of funds for carrying out the relevant work.
Limits on the use of common property by unauthorized persons. In particular, the general meeting has the right to discuss the conditions for providing elements of an apartment building for the placement of advertising structures, and concluding agreements with companies that install and operate them.
Appointment of persons responsible for concluding agreements with third parties on the use of apartment building property, including the installation and operation of advertising structures on the terms established by the owners of apartments in the building.
Issues of using information or other systems, including automated ones, when organizing and conducting absentee voting, appointing persons responsible for this.
Choosing a method for receiving by an authorized person (meeting administrator) messages about the organization and holding of meetings of owners, decisions made by apartment owners on issues posed in voting forms, the duration of the period for making certain decisions when conducting absentee voting.
Owners have the right to entrust management to the HOA, a management company, or carry it out independently.
Questions regarding the ongoing repairs of buildings, utilities, and other elements of an apartment building.
Other issues related to ensuring the normal functioning of apartment buildings, assigned to the housing complex within the competence of the management body.

To approve decisions under clauses 1-7, at least 2/3 of the votes of the total number of residents participating in the meeting are required. For other issues, a majority vote is sufficient.

The Meaning of Meetings

Despite the fact that in most cases the management of apartment buildings is entrusted to housing cooperatives or a management company, joint discussion of problems related to the functioning of apartment buildings does not lose its relevance.

Property owners solve many issues: from roof repairs to the construction of outbuildings. Residents can set the amount of the overhaul fee themselves. It should not be less than the regional standard (if it is established), but it may be more than it.

Particularly relevant are questions regarding the use of the area adjacent to the house. Disputes often arise between neighbors over car parking and dog walking. It is advisable to resolve all these issues once at a general meeting rather than constantly enter into conflicts.

Owners can jointly and consistently distribute among themselves the responsibilities associated with maintaining cleanliness in entrances and staircases. Often there are conflicts between smokers and non-smokers neighbors. At the meeting, residents can determine a ventilated area for smokers, establish rules for placing strollers, bicycles and other items that are often used in common areas.

Finally

Recently, people have become more active in resolving issues related to the house in which they live. Conducting an in-person meeting, however, is more difficult than absentee voting. As a rule, pensioners are regular participants, since they are not burdened with work and have more free time.

However, general meetings are necessary. They allow residents to keep abreast of events. The main thing is to form an initiative group of energetic, active people. It's good to have a lawyer on board. He will be able to become a representative of residents in various authorities, including courts. This is of particular importance when implementing decisions related to funds. A trustworthy person must open an account in which the residents’ savings will be stored, enter into agreements on behalf of all owners with a banking organization, and carry out payment transactions.

Usually in each entrance there is an active resident who is ready to defend the interests of all owners. You can form an initiative group from just such people: one from each entrance (if there are several of them). If there is only one entrance, then one or two active citizens are quite enough. In many houses, management is carried out exclusively by residents. This significantly saves owners money, since there is no need to pay any third party for this.

1. Owners of premises in an apartment building are required to annually hold an annual general meeting of owners of premises in an apartment building. 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 established by this article.

2. General meetings of owners of premises in an apartment building held in addition to the annual general meeting 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 valid (has a quorum) if the owners of premises in this building or their representatives with more than fifty percent of the votes of the total number of votes took part in it, with the exception of the general meeting of owners of premises in an apartment building, carried out on the issue specified in clause 4.5 of part 2 of article 44 of this Code. If there is no quorum for holding an annual general meeting of owners of premises in an apartment building, a repeat general meeting of owners of premises in an apartment building must be held. A 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 owners of premises in this apartment building or their representatives with more than fifty percent of the votes of the total number of votes of the owners of premises in this apartment building took part in the general meeting of owners of premises in this apartment building , including owners of premises in an apartment building in the entrance of which the premises being transferred 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 owners of premises in this apartment building or their representatives holding more than two-thirds of the votes of the total number of votes of the owners of premises in this apartment building took part in the general meeting of owners of premises in this apartment building.

3.1. The management organization, the board of a homeowners' association, a housing or housing-construction cooperative, or another specialized consumer cooperative are required to maintain a register of owners of premises in an apartment building, which contains information that allows identifying the owners of premises in a given apartment building (last name, first name, patronymic (if any) the owner of the premises in an apartment building, the full name and main state registration number of the legal entity, if the owner of the premises in an apartment building is a legal entity, the number of the premises in the apartment building, the owner of which is an individual or legal entity), as well as information on 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 management organization, the board of a homeowners' association, housing or housing-construction cooperative, or other specialized consumer cooperative, appeals in writing, including appeals using the system, the owner or other person specified in this article, on whose initiative a general meeting is convened 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 to provide the owner or other person specified in this article with this register within five days from the date of receipt of such an application. 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 providing this register in the manner established by this part, for the purpose of convening and organizing a general meeting of owners of premises in an apartment building is not required.

4. The owner, another person specified in this Code, on whose initiative a general meeting of owners of premises in an apartment building is convened, is obliged to inform the owners of premises in this building about the holding of such a meeting no later than ten days before the date of its holding. Within the specified period, a message about holding a general meeting of owners of premises in an apartment building must be sent to each owner of the premises in this building by registered mail, unless the decision of the general meeting of owners of premises in this building provides for another way of sending this message in writing, or delivered to each owner of the premises in this house under signature or placed in the premises of this house, determined by such a decision and accessible to all owners of premises in this house.

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

1) information about the person on whose initiative this meeting is convened;

2) the form of holding this meeting (in-person, absentee or absentee voting);

3) the date, place, time of this meeting or, if this meeting is held in the form of absentee voting, the closing date for accepting decisions of owners on issues put to vote, and the place or address where such decisions should be transferred;

4) the agenda of this meeting;

5) the procedure for familiarizing yourself with the information and (or) materials that will be presented at this meeting, and the place or address where they can be viewed.

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 management organization or the board of a homeowners’ association, housing or housing-construction cooperative, or other specialized consumer cooperative to organize a general meetings of owners of premises in an apartment building. The application for holding a general meeting of owners of premises in an apartment building must formulate the issues to be included on the agenda of the meeting. At the request of the owners, the management organization, the board of a homeowners' association, housing or housing-construction cooperative, or other specialized consumer cooperative are obliged to carry out the activities 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 about the holding 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 prescribed manner installed .

7. A general meeting of owners of premises in an apartment building may be convened on the initiative of the management organization managing 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.

Commentary to Art. 45 ZhK RF

1. At a general meeting of owners of premises in an apartment building, each such owner - owner of a share of the common property in this house can express his will on all issues related to the management of this house, including the procedure for use, within the established limits of the disposal and maintenance of the common property in the house, and thereby exercise his right to participate in the management of the apartment building.

2. Owners of premises in an apartment building are required to hold their general meeting (annual general meeting) annually. At the same time, the RF LC does not determine the time limits (terms), the procedure for holding such a meeting, as well as what issues must be resolved at it, i.e. must be included on the meeting agenda.

According to part 1 of the commented article 45 of the Housing Code of the Russian Federation, owners must independently resolve these issues at their general meeting. At the same time, the question arises about the limits of freedom of owners when establishing the procedure for holding an annual general meeting, in particular: do owners have the right to change the procedure for making decisions, quorum requirements, mandatory execution of minutes, etc.?

In this case, it is necessary to take into account that the legislator, having given the title to the commented article “Procedure for holding a general meeting of owners of premises in an apartment building,” thereby outlined the range of relations related to this issue, some of which became the subject of regulation of the commented article - these are relations arising in connection with determining the presence of a quorum of the meeting and informing co-owners about the proposed meeting. Therefore, other issues related to the procedure for making decisions, voting, holding a meeting in the form of absentee voting and reflected in - are not included by the legislator in the procedure for holding general meetings, and therefore the requirements provided for in these articles equally apply to annual general meetings and When establishing the procedure for holding an annual meeting, co-owners do not have the right to limit the application of such requirements.

This conclusion is also confirmed by the fact that the legislator in Part 1 of the commented article does not refer to the procedure for notification of decisions made by the meeting, established by Part 3 of Art. 46 of the Housing Code of the Russian Federation, to the procedure for holding a meeting. In particular, Part 1 of the commented article directly states the need to establish, along with the procedure for holding an annual general meeting of owners of premises in an apartment building, a procedure for notification of decisions made by such a meeting. At the same time, it should be noted that taking into account the literal interpretation of part 3 of the commented article (this part directly provides for the obligation to hold a repeat general meeting of owners in the absence of the quorum established by this part for holding the annual general meeting), the owners, when establishing the procedure for holding the annual general meeting, do not has the right to change the conditions stipulated in the specified part regarding the competence of such a meeting (quorum).

Accordingly, the owners of premises in an apartment building, as part of establishing the procedure for holding an annual general meeting, can determine the specific date, time and place of the annual holding of such a meeting or the time period within which this meeting should be held, a permanent list of issues included annually in the agenda of the meeting, the procedure sending messages about its holding, including the procedure for familiarizing yourself with the information and (or) materials that will be presented at this meeting, including the address or place where they are placed and where they can be viewed, the form of holding this meeting, the persons responsible for its conduct, the procedure for notifying decisions made by the meeting and other issues related to the holding of the annual general meeting, with the exception of those that must be resolved within the framework of the requirements established in Art. Art. 46 - 48 of the Housing Code of the Russian Federation, as well as the quorum requirements provided for in Part 3 of Art. 45 of the Code.

3. The obligation to hold an annual general meeting of owners of premises in an apartment building is primarily due to the fact that there is a fairly large range of issues that require the annual attention of the owners of common property in an apartment building. These are issues that are related to maintaining the infrastructure of an apartment building and the house itself in proper condition, since this property is exposed to external factors over time, which leads to its gradual destruction, and therefore it certainly needs constant care and attention ( monitoring his condition). It should be noted that the Housing Code of the Russian Federation does not provide for the consequences of non-compliance by the owners of premises in an apartment building with the requirement to hold an annual general meeting.

4. Owners of premises in an apartment building, as necessary, can also hold extraordinary general meetings, which are convened at the initiative of any of the owners and are held in the manner established by the Housing Code of the Russian Federation. At the same time, it is quite obvious that until the terms and procedure for holding annual general meetings are determined, the first general meeting will be an extraordinary one. Accordingly, issues related to the holding of the first annual general meeting can be determined at a general meeting convened on the initiative of any of the specified owners and held in the manner established by the Housing Code of the Russian Federation for holding general meetings.

The possibility of holding extraordinary meetings is provided for more flexible and prompt intervention by owners in the process of managing an apartment building. It should be noted that the RF LC does not name specific cases when an extraordinary general meeting must be convened. At the same time, such cases include cases where circumstances arise in which the owners of premises in an apartment building are obliged to make a decision to liquidate the homeowners’ association (see).

Extraordinary meetings could be described as “extraordinary meetings.” This term very accurately defines the status of an extraordinary meeting and its significance in the life of an apartment building. As a rule, extraordinary meetings are of an emergency nature, since, for example, they are the main means of clarifying relations, resolving disputes between owners and the management organization or between separate groups of owners.

5. The peculiarity of convening and holding an extraordinary meeting, in contrast to the annual meeting, is that, firstly, an extraordinary meeting can be convened by any owner and, secondly, the procedure for its conduct is imperatively determined by the Housing Code of the Russian Federation. The annual meeting, taking into account its periodic specifics, can be held without convening by any person: for example, the procedure determined by the decision of the general meeting may provide for holding the annual meeting annually on December 31 of the next year. In this case, a special procedure for its holding may be determined, including notification of owners about decisions made, formation of the agenda for such a meeting, location of the meeting, etc. It is in the annual general meeting that representatives of the management organization with which the owners have entered into an agreement, or representatives of the homeowners’ association can participate, when their activities in managing the apartment building can be assessed, etc.

6. Part 3 of the commented Article 45 of the Housing Code of the Russian Federation establishes a general requirement for holding both an annual and an extraordinary general meeting of owners of premises in an apartment building in terms of maintaining a quorum - the minimum required number of votes of owners, at which decisions taken at the meeting are considered competent.

The requirement for a quorum of the general meeting of the Housing Code of the Russian Federation is directly related to the need for the presence at it of the owners of premises in an apartment building who have more than 50% of the votes of the total number of votes of these owners or their representatives. In other words, the general meeting of owners of premises in an apartment building as a management body of an apartment building is only authorized to make decisions on issues included in the agenda of a particular meeting when, by the time it begins, such a number of owners have gathered that ensures compliance with the specified quorum requirement. Otherwise, the decisions of the general meeting will not have legal force (the principle applies: “No quorum - no decisions can be made”).

7. The total number of votes of the owners of premises in an apartment building participating in the meeting is determined based on the sum of their shares in the right of common ownership of common property in this building, since 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 is proportional to his share in the right of common ownership of common property in this building.

Articles 37 and 40 of the Housing Code of the Russian Federation establish the procedure for determining shares in the right of common ownership of common property in an apartment building.

8. To determine the competence of a meeting, it is necessary to first know the total area of all residential premises belonging to the owners in an apartment building and non-residential premises that are not part of the common property in such a building. Only knowing this total area can meetings be held, since, as already indicated in the examples given, this will make it possible to calculate the number of votes belonging to each of the owners participating in the meeting and determine the presence of a quorum.
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The sum of votes belonging to the owners participating in the meeting must be more than 50%, since only in this case the general meeting of owners will be considered valid.

The calculation of such a total area for holding the first general meeting can be made by an initiative group of owners, having previously compiled a list of the owners of all premises in the house and summarized information about the area of the premises belonging to them. At the same time, it seems that all owners need to have such a list “at hand” at all times, since it may be required not only for this purpose, but also to ensure compliance with the requirement establishing the obligation to inform owners about a meeting (for example, if necessary send a message to the owner about this by registered mail), as well as to identify persons who came to the meeting or submitted their decisions in writing on issues included in the agenda of the meeting.

The list of owners may contain, for example, the following information:

- number of premises in an apartment building;

- total area of such premises;

- description of each room in an apartment building (residential or non-residential, apartment or room, apartment number, etc.);

— mode of ownership of the premises (individual, common joint or common shared);

- surname, name, patronymic (name) of the owner of the premises or an indication that the premises belongs under the right of ownership of the Russian Federation, a specific subject of the Federation or a specific municipal entity, as well as information about the document confirming the ownership of such premises;

— data necessary to identify the owner of the premises (for example, passport details of a citizen, number of the certificate of state registration of a legal entity, etc.);

- last name, first name, patronymic (name) of the representative of the owner of the premises (if the owner has permanently appointed his representative or has his own legal representative);

— data necessary to identify such a representative (for example, passport details of a citizen, number of a certificate of state registration of a legal entity, etc.), as well as information about the document on which his powers are based, the term of such powers;

- the postal address of the owner to which messages about general meetings should be sent (if the general meeting does not decide to post such messages on the premises of the house).

9. For the annual general meeting commented on by Article 45 of the Housing Code, an additional requirement is established: if there is no quorum during such a meeting, then a repeat annual general meeting of owners of premises in an apartment building must be held. However, the RF LC does not establish a time frame within which a repeat annual general meeting must be convened. At the same time, it is quite obvious that such a repeated meeting must be held within a time frame that does not allow violating the requirement of Part 1 of the commented article on the annuality of its holding.

10. If on most issues that fall within the competence of the general meeting of owners of premises in an apartment building, Part 1 of Art. 46 of the Housing Code of the Russian Federation provides for the adoption of decisions by a simple majority of votes from the total number of votes belonging to the owners participating in the meeting, then the decisions specified in can only be adopted by a qualified majority of votes (at least 2/3) of the total number of votes of all owners of premises in an apartment building home.

Thus, in essence, the RF LC determines the quorum required to open a meeting and recognize it as competent, and the quorum necessary to make decisions on certain issues. This means that, even if a particular meeting is competent by virtue of Part 3 of the commented article, but it is attended by owners who own less than 2/3 of the votes of the total number of votes of all owners, it does not have the right to make decisions on issues (although included in the agenda of the meeting), which are related to the reconstruction of an apartment building, the construction of outbuildings and other buildings, structures, structures, repairs of common property in an apartment building, the limits of use of the land plot on which the apartment building is located, including the introduction of restrictions on use them, as well as with the transfer for use of common property in an apartment building.

11. The owners of premises in an apartment building jointly own, use and, within established limits, dispose of the common property in such a building. They exercise these powers, including through voting at the general meeting. However, the lack of information from any owner about the date and place of such a meeting essentially deprives him of the opportunity to exercise these powers, i.e. any owner of premises in an apartment building has the right to information regarding the management of an apartment building. This rule is related in general to all activities related to this management.

Thus, the right of the owner of premises in an apartment building to information related to the implementation of his rights to common property in such a building can be defined as his right, in the manner and volume established by law, to search, receive, transmit, produce and disseminate information about persons, objects, facts, events, phenomena and processes in the management of an apartment building.

12. The right of the owner of premises in an apartment building to information acquires special significance when it acts as a guarantee of the proper exercise of his rights as the owner of common property in this building. In particular, a group of owners interested in making a particular decision may deliberately fail to adequately notify other owners of the upcoming meeting and thereby ensure that the decision they want is adopted. Accordingly, as a result of untimely provision of information to the owners about the date, time and place of the general meeting, they may be deprived of the opportunity to exercise their powers as owners by participating in decision-making at such a meeting. At the same time, according to one of the conditions for the owner of premises in an apartment building to go to court with a demand to declare the decision of the general meeting of owners invalid, the fact that such a decision was made in violation of the requirements of the Housing Code of the Russian Federation is called. This type of violation may include untimely notification of owners about the date, time and place of the general meeting, failure to provide the opportunity to familiarize themselves with the necessary information on issues included in the agenda of the meeting, etc.

Thus, having the necessary information allows the owner of a premises in an apartment building to most effectively exercise his rights related to the management of such a building. Without obtaining information, the exercise of some owner rights will be very difficult or simply impossible. Therefore, the commented article 45 of the Housing Code establishes the obligation to provide owners of premises in an apartment building with information regarding the preparation and conduct of their general meetings (establishes requirements for the content and form of notification).

13. According to part 4 of the commented article, the owner, on whose initiative a general meeting of owners of premises in an apartment building is convened, is obliged to inform the owners of premises in this building about the holding of such a meeting no later than 10 days before the date of its holding. At the same time, within the specified period, a message about holding a general meeting of owners of premises in an apartment building must be sent to each owner of the premises in this building by registered mail, unless the decision of the general meeting of owners of premises does not provide for another way of sending such a message in writing, or delivered to each owner premises against signature, or placed in the premises of this house, determined by such a decision and accessible to all owners of the premises.

Accordingly, as a general rule, notification of a general meeting can be carried out in several ways:

1) by sending a message by registered mail;

2) by delivering a message to each owner of the premises in the relevant building against signature;

3) by posting a message indoors.

Both the first and second methods provide for the delivery of information that ensures confirmation of its receipt by the addressee.

In particular, according to sub. “b” clause 12 of the Rules for the provision of postal services, approved by Decree of the Government of the Russian Federation of April 15, 2005 N 221, registered mail is a registered mail item, including in the form of a letter, accepted from the sender with the issuance of a receipt and handed over to the addressee ( his legal representative) with his receipt of receipt. At the same time, in accordance with the specified paragraph, registered mail items can be sent with a list of attachments, with a notification of delivery and cash on delivery. If the addressee (his legal representative) is not present at the address specified in the letter, a notice is left in the post office box inviting the addressee to receive the mail at the post office. After five days, a secondary notification is delivered to the addressee about the need to receive a registered letter. If the addressee does not show up for the postal item within a month, such a letter is returned to the sender (clause 35 of these Rules).
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SZ RF. 2005. N 17. Art. 1556.

It is quite obvious that not only at the stage of holding the first general meetings, problems may arise related to the lack of necessary information about the address (place of residence, location) of the owners of the premises, but also in the future, when such owners may not report a change in their place of residence ( especially since such an obligation is not established by the Housing Code). At the same time, the RF LC does not provide for any exceptions regarding the sending or delivery of messages, unlike, for example, procedural legislation, which allows the principle of legal fiction to be applied. Its essence is that if a person participating in the case has not reported a change in his address, a summons or other judicial notice is sent to the last place of residence or location of this person known to the court and is considered delivered, at least this person to this address no longer lived or was not present (Article 118 of the Code of Civil Procedure, Article 124 of the Arbitration Procedure Code).

At the same time, attention is drawn to the fact that the Housing Code of the Russian Federation does not directly link the sending of notifications with the place of residence or location of the owner to whom such a notification is addressed. Therefore, the owners of premises in an apartment building have a sufficient degree of freedom to resolve the issue related to determining the specific addresses to which such messages will be sent. The main thing is that the address to which the notification is sent is previously agreed upon with the relevant owner (such an address in most cases can be the address of the premises in an apartment building). In this case, by analogy, the above-mentioned principle of legal fiction can be applied (the message is sent to the last known and agreed upon address with the owner and is considered delivered, even if this person does not live or is not located at this address).