Download the ballot for voting at the general meeting of homeowners association owners in 2020

In cases specified by law, it becomes necessary to conduct an absentee vote of homeowners.

The procedure for holding a general meeting (hereinafter also referred to as the General Meeting), its form, voting rules (hereinafter also referred to as polling) and the execution of decisions are contained in Art. 44 – Art. 48 LC RF (hereinafter referred to as the Code) and in other regulations.

Based on Part 1 of Art. 44 of the Code, the OS is recognized as the sole body for the management of apartment buildings and is organized for the purpose of making decisions on issues presented on the agenda.

At the meeting, apartment owners can resolve almost any issues related to apartment buildings, for example:

• establish that the amount of the contribution for major repairs will be higher than the minimum established by the constituent entity of the Russian Federation (if contributions are received in a special account);
• make a decision on landscaping the local area;
• choose the method of managing the apartment building - HOA, management company or direct management;
• select or replace a resource supplying organization;
• other questions.

There are only 3 forms of holding meetings, and they are listed in Art. 44.1. Code:

1. in-person voting, that is, the personal presence of each owner and collegial discussion of all issues on the agenda;
2. part-time;
3. correspondence (details below).

According to the general rule established in Part 1 of Art. 45 of the Code, the OS is held once a year on the initiative of the chairman of the MKD council.

Owners of apartments in an apartment building, which is managed by a management company or HOA, can apply for an extraordinary OS.

In another case, for example, with direct management, the convening of the OS can be carried out by any of the owners - regardless of the number of votes he has.

The main requirement is that the initiator of the OS is obliged to notify other residents of the date and place of the meeting by sending registered letters to each owner (Part 4 of Article 45 of the Code). Another notification method may be approved by the OS. You must notify no later than 10 days before the actual date of the OS.

Based on Part 1 of Art. 47 of the Code, it can be held in absentia only if a decision was previously made to hold an OS, but the actual turnout of the owners did not allow the OS to be recognized as competent (that is, owners with less than 50% of the votes of their total number came to the OS).

The procedure for conducting an absentee survey is as follows:

• the initiator issues a written notice to each owner of the premises, which indicates the address or place for sending (transferring) ballots;
• Owners must submit ballots .

The validity of an absentee meeting does not depend on the quorum - that is, the decision is made on the actual ballots submitted.

A popular question is how is in-person and absentee voting conducted for homeowners ?

The answer is based on Part 3 of Art. 47 of the Code, absentee voting refers to a procedure in which apartment owners first gather to discuss issues in person, and then make a decision by delivering ballots to the chairman of the apartment building council or another responsible person (as in absentee voting).

Art. 47.1. The Code regulates the possibility for owners to organize an OS and make a decision at it that all subsequent absentee voting will be conducted using electronic voting means (on the website of the State Information System of Housing and Communal Services).

In this case, all interaction between the OS administrator and residents will be carried out exclusively using such a system (including the placement of electronic images of protocols).

The procedure in this case:

1. the initiator of the meeting notifies the administrator of the need to hold an OS at least 14 days in advance;
2. the administrator places the relevant information in the system 10 days before the meeting;
3. from the start date of the survey, owners make decisions by marking the required options – “For”, “Against” or “Abstain”;
4. votes are accepted within 3–5 days (Part 8 of Article 47.1 of the Code);
5. within 1 hour after the end of voting, the results are published in the system.

In order for a decision on a certain issue to be made, it is necessary that the majority of those who took part vote “For” (Part 1 of Article 46 of the Code), however there are exceptions. For example, at least two-thirds of those participating must vote to establish a contribution for major repairs that is more than the minimum tariff.

Note that votes are not specifically owners, but a value that depends on the share in the right of ownership of common property (Part 1 of Article 37 of the Code). In other words, the owner with a larger apartment area will have more votes.

The results of the OS are documented in a protocol.

Methodological recommendations for its execution are contained in Order of the Ministry of Construction No. 937/pr dated December 25, 2020 “On approval...”.

• Title of the document;
• date, place of the meeting (for absentee polls, the end date for accepting ballots and the address for receiving them is indicated);
• registration number of the protocol (the serial number from the beginning of the year is indicated);
• content part, which in turn consists of introductory and main parts;
• place and period of storage of the protocol;
• applications;
• signatures.

So, an absentee poll is carried out only if there is no quorum during an in-person poll. Those who brought completed ballots are considered to have taken part in absentee voting. The procedure for counting votes and making decisions is the same as for an in-person poll.

Homeowners' association, as a form of management of apartment buildings, is relevant today. Its functions are quite extensive, including the ability to hold several forms of meetings at once. As a rule, the full-time course is conducted first, and then the correspondence course. This sequence cannot be changed. All acts adopted by the HOA must be open to review.

According to federal regulations, if the HOA was chosen as a way to manage the apartment building, then all decisions made as part of the general meeting must take several forms:

• open voting;
• semi-closed expression of will.

During in-person voting, all owners of housing and premises in an apartment building must be present at a certain place and at a certain time, which are indicated in the notice of the meeting.

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If the in-person/absentee form is used, then in this case some owners may not be directly present at the meeting for one reason or another. To clarify their decision regarding the agenda, an additional personal survey is carried out, where their opinion is clarified.

The decision of the general meeting can also be delivered to their home.

It seems possible to distinguish several stages in this form:

At this stage, a document is drawn up that marks the agenda. It indicates the issues to be voted on, the location of the vote, the person in charge and other most important housing aspects.

1. The direct process of casting and counting votes.

When choosing an in-person or absentee form of voting, you need to take into account that it is advisable to use it in situations where it is necessary to obtain at least two-thirds of the votes or a quorum. As a rule, such a need arises when determining a housing and communal management scheme, clarifying financial issues, etc. In-person voting is carried out openly, in accordance with federal state legislation. To do this, the votes of those present at a certain address at a certain time are counted. In absentia, as a rule, it is carried out after the in-person one. This is a kind of survey. Also, during such a vote, citizens must be notified of the decision made as part of an open poll.

The results of in-person and absentee voting are documented in a document that must be publicly available. It indicates the number of participants, acts adopted during the questionnaire, establishes organizational issues and notes the responsible initiator of the plebiscite. Also, this document should reflect the number of voters both “FOR” and “AGAINST” a particular issue that was put on the agenda.

Since the in-person and correspondence form is quite specific, the agenda standard published before the meeting must indicate the regulation of its holding, during what date the in-person and correspondence parts will be held and other significant issues. All this is necessary for the meeting to be recognized as legal and held in accordance with Russian legislation.

The main regulatory legal act regulating the activities of HOAs is the Housing Code of the Russian Federation. This is where all the essential aspects of holding meetings are reflected. A significant omission in modern law is that it does not define a date in the form of the start and end dates for absentee voting.

Based on the general meaning of civil law, it must occur within a reasonable time. Typically, the meeting notice will include the date the authority received the required ballots from residents.

This possibility is permitted in accordance with Russian legislation. Absentee voting, as an independent form of holding a general meeting of owners, can be implemented, as a rule, on minor organizational issues for which, in accordance with the law or the charter of the organization, more than half of the votes of the residents are not required. As a rule, such meetings rarely occur in residents' households. This is due to the fact that in the future they can easily be challenged in court.

When implementing the policy of the HOA in the form of holding in-person, absentee, or simultaneously both of these forms of voting, the executive body of the cooperative, upon completion of the counting of votes, issues a special act called a protocol. It reflects:

• in what area of ​​HOA activity was the question taken?
• what decisions were made, when they are to be made;
• whether several forms of voting took place in parallel;
• what was the participation, voting procedure, etc.

This act is signed by the chairman of the HOA.

In that situation, if it reflected inaccurate information or it affects the rights and legitimate interests of other persons, it can be appealed both to the HOA itself and to the state authority exercising control and supervision of the housing and communal services sector.

The protocol is a written act, which must reflect:

1. The name of the body that held this meeting, its full corporate name and legal address.
2. Date of announcement of the agenda.
3. On what occasion was the vote taken?
4. What theses and proposals were expressed by the residents.
5. The procedure and timing of both full-time and distance learning.
6. Number of votes of residents.
7. Acts adopted during the meeting.
8. Date of preparation of the protocol and signature of the authorized person.

The protocol is subject to official publication and is publicly available. For refusal to provide this document, the HOA official is subject to administrative liability.

The protocol form can be downloaded from the link here. ⇐

In a situation where there was not an ordinary, but an absentee vote, the owner who did not participate openly can express his decision in writing. It must indicate on what issue he is sending his response, his place of residence, last name, first name and patronymic, as well as the date of signing the act.

Download a sample application here. ⇐

Another important document is the absentee voting ballot, conducted in conjunction with the in-person voting. It must meet the requirements set forth in both civil and housing legislation.

When voting in absentia, specific acts are used - sheets. They are a kind of reflection of the will of the owners. They indicate the agenda, the issues to be raised, as well as the procedure and deadlines for giving a response.

No later than ten days from the date of the actual meeting, bodies with special competence must fulfill their duty to notify citizens living in an apartment building about the voting results. All protocols and acts must be in the public domain! For example, on the organization’s website or at an information stand.

For refusal to provide the requested information, the perpetrators may be subject to administrative liability. If a fraudulent component is detected, criminal liability may arise.

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Thus, the law allows for the possibility of making decisions in two parts - in person and in absentia simultaneously. In both cases, decisions must be made in the manner and according to the rules provided for by current Russian legislation.

Rules

The HOA meeting is the highest body of self-government of the building. It is carried out on the initiative of the board or one of its members. If one of the members of the HOA decides to convene a meeting to resolve important issues, he must give everyone a notice of the meeting, indicating the date, place, and time of the meeting.

It is right to hold such meetings every time a pressing issue related to the life of the MKD arises. In this case, it is necessary to follow the rules of meetings - make an announcement in advance, draw up a protocol, make any decisions with the participation of all residents, as evidenced by the voting ballot.

Such rules and the Charter are adopted at the first meeting of apartment owners, with mandatory consideration of current legislation in the housing sector.

General meeting and its forms

The one who initiates the OS, and this can be any member of the HOA living in this house, must choose one of the forms of its implementation. It can be full-time or part-time. The choice depends on the relevance of the issue, its urgency, and the need for personal presence of the residents of the house.

Regardless of the form of the OS, registration of owners is mandatory. For this work, the chairman of the HOA appoints a specific person.

Registration is carried out on a special sheet with the names of the residents, and a mark is placed opposite each one.

• In an in-person meeting, the owners are present in person, they discuss current issues and make one common decision. The conduct and decision in person are recorded in the protocol.
• For the absentee form, the owners first select a counting commission, its members also select a chairman.

The list of commission members is indicated in ballots that are distributed to HOA members. The bulletin also provides a written opinion on issues that need to be addressed by the building's residents. Various types of organizing HOA meetings are legal; you can choose one of the options, taking into account the convenience for residents.

Bulletin of the general meeting of the MKD in person by correspondence sample 2020

In accordance with parts 1, 1.1 of Article 46 of the Housing Code of the Russian Federation (Collection of Legislation of the Russian Federation, 2005, No. 1, Art. 14; Official Internet portal of legal information https://www.pravo.gov.ru, January 22, 2020 ., N 0001202001220025) I order:

What should a voting ballot for a meeting of homeowners in absentia or in person contain?

It is unacceptable to supplement documents with new additional lines and sheets! Thus, it is necessary to prepare as many registers as are required for all owners present at the meeting in person (the face-to-face part of the meeting in absentia) to sign.

The register of those present indicates the square footage belonging to each of the owners, plus the total area of ​​the building. The share of voting rights is calculated as a percentage: individual m 2 of each unit S to total meters.

In cases where there was a quorum and topics requiring an urgent decision were considered and a mutual opinion was established on them, all co-owners of the MKD are obliged to submit to the results of the meeting, including those persons who were not present at the referendum.

Register of present participants of the OSS

You can compile the list yourself, but this requires time and labor. It is necessary to personally visit each owner. Before entering information into the general list, you should familiarize yourself with identification documentation, as well as certificates confirming ownership of the object.

In this article we will tell you in detail how to correctly draw up individual decision sheets for each owner when holding a general meeting, and you can also find a standard voting ballot on this page.

Absentee voting

The absentee form of OS is used quite often, since when apartment owners are very busy, it is difficult for them to get together at the same time. Therefore, it is easier for members of the HOA board to distribute correctly formed ballots and then count votes on them for this or that issue concerning the life of the house, its maintenance, and repairs.

But you need to take into account that there is a certain procedure for holding an absentee meeting; violation of this procedure can even lead to legal proceedings.

• The owners are given a voting ballot. It must contain information about who initiated the action. Data is also provided on the form of voting.
• Also, the ballot must indicate when the votes will be counted on a particular decision on the issue. The counting of votes must not violate the regulations of the counting commission.
• Residents of the apartment should find out the deadlines for filling out the paper and where it needs to be submitted.
• The main part is pressing issues on which you need to express your opinion, vote, and make proposals.
• The owners should find out from the document who is holding the meeting in absentia and his contacts. If, upon reviewing the issues raised at the meeting, apartment residents have any suggestions or comments, they can express them using the contact information provided.
• Another item on the form is the address where you can get advice. If issues are resolved at a general meeting in person, everyone can find out the information they are interested in immediately.

Quorum of the meeting of owners of an apartment building

It is difficult to achieve a quorum for a meeting of owners of an apartment building during in-person voting; in this case, it is better to hold an absentee meeting and voting. In the article we will look at what a quorum of a general meeting of homeowners is, how absentee voting of homeowners is carried out, in which cases it is possible to invalidate a decision of a general meeting of owners of an apartment building, whether electronic voting of apartment owners is possible, and you will also be able to download an absentee voting ballot for homeowners sample 2020 of the year.

Articles on the topic

• Full name of the voting participant or his legal representative;
• No. of the title document for housing;
• formulation of the issues to be voted on;
• the decision taken by the owner on each issue;
• place (address) of collection of completed forms;
• signature of the voter;
• date of decision.

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In accordance with paragraph 2 of Art. 60 Federal Law “On JSC”, samples of voting ballots must be handed to each participant in the general meeting. They can be sent to the company’s participants directly or by registered mail, as well as in other ways (paragraph 2, paragraph 2, article 60 of the Federal Law “On JSC”).

A voting ballot is a document that contains items on the agenda of a general meeting on which a company member can vote by choosing the wording “for”, “against” or “abstained”.

The procedure for using the voting ballot in 2020

The supreme body of a limited liability company is the general meeting of participants (Clause 1, Article 32 of the Federal Law “On LLC”). It can be carried out both in the form of joint presence (Article 37 of the LLC Law) and in the form of absentee voting (Article 38 of the LLC Law).

In the protocol, the votes of such an owner will be reflected in the column “did not make a decision” ( and ). Recommendations for the design of the ballot are given in The owner’s decision must be formatted in such a way that it is possible to identify who voted and what decision was made.

• Meetings are held regularly. All members are notified in advance, by announcements or letters (registered form).
• Without a protocol examination, no decision can be made.
• The OSS, thanks to legislation, is vested with a number of powers. The list includes the management method, the choice of company, the approval of tariff rates for repair work and the start date.
• All documentation is filled out strictly according to the sample.
• Owners who do not have the opportunity to be present in person have the right to issue a power of attorney to any person at their discretion or to vote in absentia, if such a format was intended in the notification.

What should a voting ballot for a meeting of homeowners in absentia or in person contain?

Based on the results of the work of the counting commission, a protocol is drawn up and filed with attachments in the prescribed manner (see below). The finished protocol, together with the ballots, must be submitted to the managing organization or directly to the State Housing Authority within 10 days. If you are not scared yet and are ready to start, fill out the form (it’s free) and go ahead.

The standard protocol has the structure:

1. Listened - the speaking parties are listed.
2. Proposed – answers and solutions to issues discussed at the meeting.
3. Decided - ways to regulate current problems are listed point by point.

Bailiffs have the right to demand the execution of decisions that were agreed upon at a general meeting by voting participants. With the help of archival documents, the chronology of decisions made is restored - controversial issues are resolved by reading the protocols.

Voting sheet

The voting format must be indicated:

1. The in-person form requires you to specify the exact date and time threshold for the meeting, as well as the address where the meeting is being held.
2. Correspondence conference - the day will be in the form of a period, from what date the referendum began and when the poll ended. In this case, the exact date will be the time when the votes were counted, as well as the place at which this took place.

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All members of the homeowners association meet on the designated date and time. At the meeting, all current issues are discussed, and a vote is taken if any decisions are on the agenda. The results of the meeting are recorded in a protocol, which is certified by the signatures of all participants.

What do owners need to know?

The rules for the participation of HOA members in the general meeting are regulated by both the regulations of the community and the previously approved Charter.

1. If the apartment owner cannot go to an annual election or other meeting, he has the right to send a proxy. Such a person can act at the meeting with the help of a power of attorney from the owner.
2. Not only residents of apartment buildings, but also representatives of executive bodies can come to the meeting of the annual reporting meeting (or one that resolves repair issues, for example).
3. All owners have the right to vote on the OS. The question at the meeting may seem to be the division of common property; how are votes taken into account in this case? According to the law, the size of the parts is taken into account.
4. All members of the HOA can be on the voting list; it is the community that is the holder of such a list (Register).

Preparation

The powers of the general meeting are great, but in order for its decisions to have weight, it is necessary not only to competently conduct it, but also to prepare it.

• Responsibility for preparation is assumed by the initiative group, which makes the decision to conduct the OS. In this case, she must choose the place, date, and time of the event, and most importantly, draw up a list of issues that should be considered by apartment owners.
• Members of the partnership must learn about it, the date and time of the meeting, and the list of issues to be considered 2 weeks before the meeting. If they have any changes, additions, suggestions, they can make them.
• During preparation, an agenda is drawn up; it should contain information about the place and date of the meeting, general information about the board members, and a list of issues for consideration.
• HOA members need to understand exactly what will be discussed at the meeting, whether it is about funding for an upcoming capital improvement project or the board's report from the past election period.
• The next stage of preparation is drawing up the form of the ballot. It is signed by members of the homeowners association when voting on a particular issue. The form usually contains columns “for”, “against”, “abstained”. The form of the ballot is drawn up so that the counting commission can later conveniently count the number of votes.

The agenda really needs to be relevant, relevant, interesting, because people will have to take the time to attend the meeting. If other members of the HOA have proposals regarding the maintenance and operation of the house, they should be included on the agenda .

The accuracy of the wording of each question is of great importance.

ATTENTION! If at an absentee meeting it is necessary, in addition to other issues, to vote for a candidate for membership of the MKD board, a separate ballot is drawn up.

Bulletin for the HOA

A ballot for HOA members is necessary to make decisions on any significant issues (such as the creation of an HOA, elections of the HOA chairman, changes in the composition of the board and other significant issues).
A sample of this bulletin must be distributed to each owner of a premises in an apartment building; they are obliged to respond to all issues stated in the bulletin and return it to the counting commission. After the ballots are counted, a protocol of the general meeting of the HOA is created on their basis. You can also download its template on our website.

A sample ballot for absentee voting of HOA members or making a decision on the creation of an HOA.

SOLUTION

persons who own the property rights to premises in an apartment building at the address: __________________ ______________

at a general meeting, with decisions made in absentia

from ___ _______ 200___

1. Apartment (non-residential premises) No. _________________________________________________

2. Owner of the premises________________________________________________

(full name, name and organizational and legal form for legal entities)

3. Document confirming ownership: No. ____________, date _____________

_________________________________________________________________________________

(equity agreement)

4. Identity card: _________________________________ No. ____________________

(Title of the document)

issued by ________________________________________________, ___________________________

(authority that issued the document) (date)

5. The total area of ​​the owner’s premises is ______________ sq.m., share ________________

according to the project

The above items are required to be filled out (according to clause 3, article 47 of the RF Housing Code).

The voter has the right to choose only one option.

Decisions on other issues on the agenda or with other decisions may be made at another general meeting of owners.

No. Agenda issues

This decision must be sent before __:00 o'clock on __.__.__ to the initiator of this general meeting or his proxies.

Signature of the deceased ______________________________

If his representative acts on behalf of the owner, then the representative’s power of attorney is attached to this sheet of information.

__________________________________________________________________________________________

(full name of the authorized person, No., date of the power of attorney)

Details of the legal representative of the minor owner:

__________________________________________________________________________________________

(full name of the representative, relationship /mother, father/, trustees, passport details)

Source: https://www.energo-konsultant.ru/sprav/zhkh_/poleznye_materialy/bulleten_dlya_goliosovaniya_TSG/

Chairman

In order for the meeting to be fruitful and effective, and not to drag on over time, one of the council members must take charge of the work . Usually this function is performed by the chairman; he coordinates the entire event, monitors the counting commission, and ensures that the rights of all residents are respected.

The secretary is responsible for drawing up the protocol - a mandatory document . It is necessary to decide before the start of the action whether third parties will be able to attend the OS, who will lead the meeting and who will count the votes.

The order of a meeting may be changed even after it has begun, but a vote must be taken to make the changes.

The result of the meeting, in person or in absentia, is a protocol drawn up by a special commission, which indicates the voting results. In case of absentee voting, the results will be posted on the notice board, always near each entrance. The period for announcing the results is no more than 10 days.