How to draw up a power of attorney for the chairman of the board of an apartment building?

What should be indicated in the power of attorney

A representative of the owner of premises in an apartment building at a general meeting acts in accordance with the powers based on the instructions of federal laws, acts of authorized state bodies or acts of local government bodies, or a written power of attorney for voting. The power of attorney for voting must contain information about the represented owner of the premises in the corresponding apartment building and his representative (name or designation, place of residence or location, passport details) and must be drawn up in accordance with the requirements of paragraphs 4 and 5 of Article 185 of the Civil Code of the Russian Federation or notarized.

According to Article 185 of the Civil Code of the Russian Federation, a power of attorney can be presented by the represented person directly to the relevant third party, who has the right to verify the identity of the represented person and make a note about this on the document confirming the authority of the representative.

An approximate form, a sample power of attorney for a general meeting of owners is presented below:

Power of attorney to represent the interests of the owner at the General Meeting of Owners of MKD premises

Only owners included in the register of an apartment building may be allowed to participate in the meeting. The list of owners who have the right to participate in the general meeting is compiled on the basis of title documents confirming the ownership of residential (or non-residential) premises. The law does not determine which body compiles this list. It should be assumed that the organization that manages the apartment building (housing cooperative, homeowners association, management organization, etc.) is working on it.

It must be taken into account that such a register is primarily needed to ensure the possibility of voting during a meeting, both in person and in absentia. In addition, in order to notify about a meeting of premises owners in an apartment building, you need to know who to send them to.

Based on Art. 48 of the Housing Code of the Russian Federation, the right to participate in the general meeting of the owner is exercised by the owner both personally and through his representative. The owner has the right at any time to replace his representative at the general meeting of owners or to personally participate in the general meeting of owners of premises in an apartment building.

Article 48 of the RF Housing Code. Voting at a general meeting of premises owners 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 vote belongs to 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, both personally and through his representative.
2. A 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 government bodies, or a written power of attorney for voting. The power of attorney for voting must contain information about the represented owner of the premises in the corresponding apartment building and his representative (name or designation, place of residence or location, passport details) and must be drawn up in accordance with the requirements of paragraphs 4 and 5 of Article 185 of the Civil Code of the Russian Federation or notarized.
3. The number of votes that each owner of a premises in an apartment building has at a general meeting of owners of premises in a given building is proportional to his share in the right of common ownership of the common property in that building.
4. Voting on issues 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 issues put to vote.
5. Voting on issues 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 vote.
6. When voting is carried out through written decisions of the owners on issues put to vote, votes are counted on issues for which the owner participating in the vote has left only one of the possible voting options. These decisions drawn up in violation of this requirement are declared invalid, and votes on the issues contained in them are not counted. If the owner’s decision on issues put to a vote contains several issues put to a vote, failure to comply with this requirement in relation to one or more issues does not entail invalidation of the said decision as a whole.

The owner's representative at the general meeting of owners acts in accordance with the powers based on the instructions of federal laws or acts of authorized state bodies or local governments or a power of attorney drawn up in writing. The power of attorney for voting must contain information about the person represented and the representative (name or designation, place of residence or location, passport details). The power of attorney for voting must be executed in accordance with the requirements of paragraphs 4 and 5 of Art. 185 of the Civil Code of the Russian Federation or certified by a notary. Analysis of this rule of law allows us to pay attention to the following circumstances:

• firstly, the owner has the right to participate in the meeting in person or through his representative;
• secondly, in the Housing Code of the Russian Federation, the representative of the owner of the premises is indicated in the singular. Consequently, several representatives of one owner are not entitled to participate in the general meeting of owners. In addition, the Code does not grant the owner the right to divide powers between the representative and the owner himself. For example, the owner has the right to attend the meeting together with his lawyer, but the lawyer will not have the status of a representative and the right to vote on the agenda items of the meeting;
• thirdly, the owner of the premises can appoint a new representative (replace the representative), but the powers of the previous one will be invalid.

Article 185 of the Civil Code of the Russian Federation. Power of attorney

1. A power of attorney is a written authority issued by one person to another person for representation before third parties. A written authorization to carry out a transaction by a representative may be presented by the represented directly to the relevant third party.
2. A power of attorney for transactions requiring a notarized form must be notarized, except as otherwise provided by law.
3. The following are equivalent to notarized powers of attorney: powers of attorney for military personnel and other persons undergoing treatment in hospitals, sanatoriums and other military medical institutions, certified by the head of such an institution, his deputy for medical affairs, a senior or duty doctor;
4. powers of attorney of military personnel, and at points of deployment of military units, formations, institutions and military educational institutions, where there are no notary offices and other bodies performing notarial acts, also powers of attorney of workers and employees, members of their families and family members of military personnel, certified by the commander (chief) these parts, connections, institutions or establishments;
5. powers of attorney of persons in places of deprivation of liberty, certified by the head of the corresponding place of deprivation of liberty;
6. powers of attorney of adult capable citizens located in social protection institutions, certified by the administration of this institution or the head (his deputy) of the relevant social protection body.

A power of attorney from the owner - a legal entity must be certified by the seal and signature of the head of the legal entity, from the owner - an individual - certified by a notary or by the signature of the head and the seal of the organization managing the apartment building. The text of the power of attorney to represent the owner at the general meeting of owners of premises in an apartment building must contain information about the date of the meeting and provisions that the authorized person has the right to attend the general meeting of owners, take part in the discussion of any issues on the agenda, and vote on issues on the agenda.

Powers of attorney are handed over to the secretary of the meeting and are stored along with the meeting materials. If the owner is not found in the register of owners of premises in an apartment building, the secretary of the meeting is obliged to check his title documents confirming ownership of the premises, and, if any, enter his data into the registration list.

It should be emphasized once again that the owner of a premises in an apartment building who cannot or is not eager to participate in the general meeting himself can entrust his vote to his representative by issuing him a power of attorney. Moreover, the owner retains the right to replace his representative at any time or personally participate in the general meeting.

Sample text of a power of attorney:
Power of attorney
Krasnodar “___”___________ 20__ I _________________________________________________________________,

owner of the premises located at

Krasnodar, Promyshlennaya st. 19/2, apt.__________

certificate of ownership ______________ dated "___"_________20__,

hereinafter referred to as “Trustee”, I trust:

__________________________________________________________________

passport series ___________ N ________, issued____________________ ___________________________________________________________________,

registered at the address: __________________________________________ to represent the interests of the “Principal” at the general meeting of owners of the premises of an apartment building located at the address:

Krasnodar, st. Promyshlennaya 19/2 with the right to vote, submit and receive applications

and other documents, with the right to sign all necessary documents.

The power of attorney was issued for a period of three years.

The principal has the right to replace his representative at the general meeting of owners at any time

or personally take part in a general meeting of owners of premises in an apartment building. I certify the signature of the representative ____________________. Head of housing maintenance organization _________________/__________/

(the head of the organization in which the principal works, studies, the administration of the inpatient medical institution in which the principal is undergoing treatment)

M.P.

Approximate form, sample power of attorney for a general meeting of owners

Power of attorney N _________ ________________________________ (date in words) I, ___________________________________________________________________, (Full name of the owner of the premises in an apartment building) passport series _____________ N ____________________________________________, issued by “__” ________________ ________________________________________, as the owner _____________________________________________________ (indicate the details of the document confirming ownership of premises in an apartment building located at the address: ________________________________, share in the right of common ownership of common property in this apartment building) I hereby trust ______________________________________________________________ (full name of the representative) ___________________________________________________________________________ (passport details of the representative) to represent the interests of _____________________________________________________ (Full name) . Acting owner of residential premises in an apartment building) at a general meeting of owners of an apartment building located at: ___________________________________________________________________________ with the right to vote on issues put to a vote by the general meeting on the agenda. This power of attorney has been issued for a period of ___________________________________ without the right of substitution. Signature ________________________________________________ (Full name of the owner of the premises in an apartment building)

Single-line power supply diagram

For your convenience, we have developed two standard single-line diagrams - 15 kW and 7.5 kW

The diagram is needed for coordination in the electrical networks before starting work on the installation of an electricity metering unit

You can download the diagrams here:

Electricity at your site in a short time

We provide electricity connections to houses and plots, as well as to any other real estate, including retail and industrial areas

What are we doing:

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