Notice of a meeting of owners of an apartment building
: 14.09.2019
Reading time: 5 min
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Preparation for the OCC is one of the most important moments in its organization, since the number of those present and the presence of a quorum determines whether a particular decision will be made. In order for a meeting to have legal force, it is necessary to correctly draw up and send notices of its holding to the owners.
In this article, we will look at the rules for drawing up announcements about the OSS, what forms of notifications exist that are regulated by law, who should send notifications to the owners, with whom the announcement needs to be coordinated.
- List of documents of the general meeting
- Filling rules and samples
At the general meeting of home owners, decisions are made regarding the choice of method of managing common property, the terms of the agreement with management organizations and determining the amount of monthly contributions. The meeting is chaired by a chairman and a secretary, elected from among those present.
This article talks about typical ways to resolve the issue, but each case is unique. If you want to find out how to solve your particular problem, call:
- Moscow.
- Saint Petersburg.
Or on the website. It's fast and free!
In the process of preparing for the meeting, as well as during its holding, the following documents are drawn up:
- notification of owners about the meeting;
- decision of the owner of the premises;
- listing of premises owners;
- registration list of persons present at the meeting.
Before holding a meeting, its organizers are required to notify the owners of the building premises using a notice (clause 4 of Article 45 of the RF Housing Code) posted on the notice board or handed to each resident against signature no later than 10 days before the appointed date of the meeting.
The text of the notice must include all issues on the agenda of the future meeting, since discussion of issues not included in the preliminary notice is not allowed at the meeting of owners.
The owner’s decision is drawn up in the form of a separate document only when the meeting is held in absentia, since in the presence of a meeting in person, the decisions of all owners are recorded in one protocol and sheet of paper. The decision is drawn up at the owner’s apartment by the persons responsible for conducting the absentee voting and contains the personal data of the voter and his position on all issues on the agenda.
After the end of the absentee meeting, the decisions of all owners are systematized into one general protocol by the organizers of the event, and the texts of the decisions are subject to storage as evidence of the legitimacy of the protocol.
The listing is filled out at the meeting along with the minutes and is used under the following conditions:
- when the number of persons present does not exceed 50 people;
- when deciding on the creation or reorganization of a homeowners association;
- when choosing a method of managing an apartment building.
If the issues of creating a legal entity for the purpose of managing the house are being resolved, but the number of persons present exceeds 50 people, then the secretary of the meeting fills out a list of those present who voted for the decision to establish such a legal entity.
The list of those present can also be completed at reporting conferences of owners and meetings of HOA board members.
Notice of a meeting of residents can be of two types - public and individual. The text of the public notice must reflect the following information:
- address, date and time of the meeting;
- form of event (full-time or extramural);
- initiator data;
- list of agenda items;
- initiator's signature.
Members of the HOA board or a list of names of the initiative group of owners are indicated as the initiator, with the obligatory indication of their contact information.
An individual notice differs from a public notice by addressing the owner by name and surname, as well as by the presence of a tear-off counterfoil on which the person receiving the notice must sign - the counterfoil remains with the responsible person who handed the notice.
: 06.09.2019
: 01.09.2019
08.04.2018
“__”___________ 200_ at ____ hours 00 minutes. in the assembly hall of the building located at the address: city, st. __________________________, house N ______, a general meeting of owners of residential and non-residential premises of the apartment building N ____ will be held, on the street ________________________________.
The decision of the general meeting, adopted in the manner established by the Housing Code, is binding on all owners of premises in an apartment building, including those who, regardless of the reasons, did not take part in the meeting (Part 5, Article 46 of the Housing Code of the Russian Federation).
- Name;
- date;
- protocol registration number;
- location;
- date;
- name, that is, the title of the main part;
- content part with abstracts;
- place where the document is stored;
- applications;
- signature of the secretary, as well as the persons who control the preparation of the protocol.
The decision of the general meeting, adopted in the manner established by the Housing Code, is mandatory for all owners of premises in an apartment building, including those who, regardless of the reasons, did not take part in the meeting. Transfer of part of all functions for managing the homeowners’ association to a management company.
Sample announcement of a general meeting of homeowners Link to the main publication
Legislative regulation and responsibility
Providing residents with information about the activities of the management company is regulated by the following regulatory documents:
- Government Decree No. 731;
- By Order of the Ministry of Construction No. 882;
- Housing Code.
Clause 3 of Resolution No. 731 provides a list of information to be disclosed, clause 5 specifies methods for disseminating information, and clause 9 regulates the maximum period for disclosing information at the request of residents - 30 days.
The following information is subject to disclosure:
- list and characteristics of real estate managed by the management company;
- the amount of funds received from residents;
- the amount of income from the use of common property;
- the volume of subsidies from the budget;
- information about contracts concluded with resource suppliers and home maintenance contractors;
- the volume of utilities provided to premises owners;
- information about general meetings held by owners and decisions made;
- about planned shutdowns of supply of housing and communal services;
- the amount of profit of the management company.
A standard form for providing information on the activities and indicators of the management company is given in Order No. 882.
For refusal to provide residents with the necessary information, the management of the management company may be held liable in accordance with Art. 5.39 of the Code of Administrative Offenses, which imposes a fine on company officials in the amount of 5,000-10,000 rubles.
Failure to provide information at the request of residents may threaten an inspection of the activities of the management company for compliance with housing legislation, and if there is suspicion of embezzlement of funds, a prosecutor's inspection of the activities of management and accounting is initiated, during which the activities of the organization are suspended and a temporary manager is appointed.
If information about planned service shutdowns or other important information for residents is not posted on the official website of the management company or in the GIS housing and communal services system, the manager may be given a fine of 5,000-10,000 rubles for the first violation; if the information is not posted on the Internet again, the fine may be increased to 20,000 rubles (Article 13.19.2 of the Administrative Code).
What types of convening of residents are there?
There are 2 types of meetings of homeowners in an apartment building:
- planned (next),
- unscheduled (extraordinary). Most often, such a meeting is held on the initiative of one (group) owner(s).
An in-person meeting requires the personal presence of all homeowners. The absentee form does not oblige the organizers to gather a large number of owners to make a decision. The decision-making process involves collecting signatures from owners through voting.
Regardless of the form of the meeting, each resident of an apartment building must be notified of the meeting. In order to properly notify residents about the meeting, you can use the sample.
Samples of notices to residents about upcoming meetings
Below is an example of a notice:
To whom_________________
Where_________________
Notification of a general meeting of owners of residential premises in an apartment building.
Dear_________________________________________________________________
We would like to inform you that on February 19, 2016 at 6:30 p.m. there will be a meeting of owners of residential premises of the house located at _________________________________
To participate in the meeting, we ask you to arrive at __________________________________________________________ no later than 18:00. to register. Having a passport and a document confirming the right to property is required.
The meeting is held on the initiative of ________________________________________________________________________________________________________________________________________________
Agenda:
- Amounts of monthly contributions for major repairs;
- Timing of major repairs;
- Redevelopment of common areas;
- Selecting a notification method for the upcoming general convocation of apartment owners.
Attention: only homeowners and their legal representatives who have undergone pre-registration have the right to attend the general meeting and take part in solving the main issues outlined in the agenda.
Initiators:
___________________________________________-tel. _________________________
___________________________________________-tel. _________________________
02/07/2016
The above version is a sample; the text may be changed accordingly.
How to write an announcement about a meeting of residents of a house - sample drafting
: 01.09.2019
Article 44 of the Housing Code of the Russian Federation determines that the general meeting is the management body of the apartment building. The better it is planned and organized, the easier it will be and will not leave bitterness from wasted time.
Do you want to initiate the initiation of residents of an apartment building and don’t know how to do it? Or are you unhappy with the way the event is notified? What does a sample announcement about a meeting of residents of an apartment building look like? How does a notice about a general meeting of homeowners differ from an announcement? Let's look at how to organize this most correctly.
Let's consider paragraph 4 of Article 45 of the Housing Code of the Russian Federation.
It states that residents must be notified of any meeting.
Regardless of who the initiator is - the owner, or the council of the house, or the HOA, or the cooperative - it is necessary to notify the residents at least 10 days before the event.
The reason is simple: everyone living in an apartment building has the right to know in advance about the upcoming event and allocate their time for it.
This should be decided at the very first meeting: by registered mail, personal delivery with signature on receipt, or simply by posting in a publicly accessible place a notice about the event and the meeting of the owners of the apartment building.
REFERENCE! Clause 5 of Article 45 of the legislative act of the Housing Code of the Russian Federation determines the sample and content of the notification.
A notice of a meeting of owners of an apartment building must contain the following:
- who is the initiator (full name, apartment number or House Council, etc.);
- how it will be carried out: in person, in absentia or part-time;
- date, place, time, and if absentee, then the place and time of delivery of ballots;
- agenda;
- where and when you can get acquainted with additional materials that will help you make a decision.
The last point is very important, it is even worth paying special attention to it by voters, since it determines how the votes will be distributed, how conscious everyone’s decision will be and how organized the voting will be.
ATTENTION! Supplement the notification with your contact so that anyone can ask a question, offer, or notify about their absence.
It can also remind residents of the opportunity to send a trusted person if they cannot be present in person, and attach a power of attorney form.
And also remind you of the right to appeal the decision in court in case of disagreement, as well as the binding nature of the decision of the general meeting for all residents, regardless of presence or absence.
How does a sample notice of a meeting of owners of an apartment building differ from a notice of a meeting of residents of a building? A notice of a general meeting of owners of an apartment building contains an address to a specific person and his initials are indicated.
We repeat once again, it is sent by registered mail or delivered in person.
Its sample, as a rule, is also approved at the first general meeting. It is posted where it is guaranteed to be read by all residents - and such places must also be approved by the general council.
We provide the message form via the link.
It would be useful to remind residents in both notification methods of the need to bring an identification document (passport, etc.).
REFERENCE! You need to collect a quorum, and this is more than 50% of the owners of the square meters of your apartment building.
A timely posted or delivered and correctly drafted notice of a meeting of owners of an apartment building can help you with this.
Let us clarify that a mandatory annual meeting of owners can determine and record in the minutes a larger number of residents’ meetings, for example, once every six months or even every quarter.
The initiator of an extraordinary event may be:
- managing organization (but only on issues within the competence of the general meeting),
- homeowners association board,
- apartment building council,
- any owner of premises in an apartment building
IMPORTANT! You can shift the responsibility for organizing the meeting to the management company if the group of initiators owns 10% of the total number of all owners of the apartment building. (Clause 6, Article 45 of the RF Housing Code.)
If the number is smaller, you need to involve your neighbors and create an initiative group so that in total you get 10% or more.
If you are the initiator-owner of residential or non-residential premises in a building, you must submit your wishes in writing to a special organization that is authorized to gather residents of a high-rise building: a management company, HOA, housing cooperative, building council, etc.
In this appeal, you must indicate exactly what issues you want to resolve.
And the relevant organization is already engaged in notification and preparation of the event.
Or you will have to create an initiative group.
It is clear that it is very difficult to cope with such a volume of work alone.
Depending on the topic of the meeting (choice of the chairman, decision on the management company, repairs, etc.), it will be led either by the chairman of the council of the house, HOA, etc., or by the initiator himself.
In order for you, as the initiator, not to get into trouble, you need to carefully prepare for the event: a clear formulation of questions, facts, documents, calculations, comparative information, etc. - everything that is necessary to make a responsible and informed decision.
Only in this case will the endeavor be successful.
The entire procedure for holding meetings of owners of apartment buildings, including notification of residents, is regulated by the Housing Code of the Russian Federation, and many nuances are regulated by the initial decision of the general meeting of owners, including the content, method and timing of notification.
You just need to carefully prepare for the event.
The owners of ALL residential and non-residential premises of the house MUST PARTICIPATE in the meeting upon presentation of their passport. Representatives of owners must have powers of attorney drawn up in accordance with the requirements of the law. The meeting materials available to members of the initiative group can be found on ……………………….(where and when)………………………….
A message or notification about a meeting of homeowners has content and delivery procedure regulated by the Housing Code of the Russian Federation. We will talk about them in this article, because managing a house currently involves residents independently deciding many important issues.
How to write a request to a bank for information, sample
Most likely, everyone will agree that the confidentiality of banking information is an unshakable thing. Bankers convinced almost the entire population that requesting information is a step that undermines the economy of not only a particular branch, but also the entire banking system.
And surprisingly, almost everyone is embarrassed to break the silence so beloved by money. People don't even ask for their account details. But this is fundamentally wrong.
The only thing that can be obtained from employees is the phrase that it is necessary to submit a written request for information without any samples. After making such requests in free form, the maximum you can achieve is a written refusal without explaining the reasons.
The data simply cannot be provided. Right below this article you can download free trial samples. If anything in them seems unclear, this publication will help.
Simply demanding information without giving reasons (and even in the form of an ultimatum, as some do) is bad form. Write literally one introductory phrase, for example:
- “based on our preliminary agreements”;
- “in order to prevent possible controversial issues”;
- “in accordance with the concluded agreement”;
- "to conclude a contract."
If necessary, you can refer to legislative acts.
For example, if the law requires that before concluding an agreement you familiarize yourself with any papers, you can write in the letter: “In accordance with Article of the Federal Law of July 24, 2012 No. 397-FZ...”.
You can get to the point without preliminary explanation only in cases where the reason for the request is obvious (for example, if you are writing a commercial proposal request letter according to the sample).
Important The postal worker will mark the receipt of the document, and you will be able to protect your rights in the event of litigation.
Please note: What should you do if the bank asks you to confirm the source of funds on your deposit? Don’t rush to be offended by him, especially since you don’t need to be afraid of such requests and rush to close accounts.
Attention The attention of the banking control service is legal, quite peaceful, and in most cases even formal in nature.
Useful advice For example, the Tax Code of the Russian Federation (clause 2 of Article 86) obliges credit organizations to issue to the tax authorities certificates of the availability of bank accounts and (or) cash balances in the accounts, statements of transactions on the accounts of organizations (individual entrepreneurs)1. Further, the Federal Tax Service established a certain procedure2 for sending requests to the bank by the tax authority, as well as standard forms for such requests.
An inquiry
Turnover: We ask you to inform about... We ask you to pay off the debt... Please provide information about... We will be grateful if... Conclusion: when applying for the first time, it is better to indicate the sources from which you drew information (both about the company and about the product).
Postscript: provide brief information about your company, expressing hope for further cooperation.
If a response is needed by a specific deadline, please indicate this: We request a response as soon as possible...We strongly request a response within two days... A letter of inquiry is usually printed on letterhead, the same form used when sending an email.
The response to a letter of request is a mandatory letter of response, drawn up on the merits of the question/s, written within the established time frame. Sometimes response letters may be governed by regulations.
Compiling a request letter: samples and design principles
- Letter structure
- How to write?
- Sample letter of request for provision of documents
- Sample letter of request for information
- Sample letter requesting clarification
A query letter is a type of business letter. The request is sent to partners, contractors, government agencies... Sometimes you can do without it (for example, by verbally asking a fellow entrepreneur to provide some information), but in general such messages should not be neglected.
At least for the sake of maintaining the established order. What can you request?
- Information (about the characteristics of the product and its availability, about delivery methods and delivery times, about the reasons for the delay in shipment, etc.).
- Documents or items (papers for concluding a contract, product samples, etc.)
Sample document: letter of request
Letters marked “personal delivery” are, as a rule, drawn up directly by the director of the organization addressed to the head of the addressee at a similar level. In this case, they should not be opened by anyone other than the recipient himself.
To whom to address The request letter can be addressed to a specific person, for example, the director of a partner company, the manager of a division, a specialist in a particular industry, etc. In this case, when contacting, you must use the epithet “Dear” and the employee’s first name and patronymic.
This form of appeal significantly increases the chances that the request will be considered in the near future and a response will also be promptly drawn up (and on behalf of the person to whom the message was addressed). The request can also be intended for a group of people without specifying the employee (for example, “to the legal department,” “to the accounting department,” etc.).
Your account has been created!
Request for copies of documents Dear Anatoly Petrovich! In order to restore the documentation hopelessly damaged due to the flooding of the office, we ask you to promptly send us copies of the settlement documents in your possession regarding receipts and debits of funds, as well as bank statements for the account of Persephone LLC for 2020. We remind you that the current account number of our organization is: 40195637000057395001. A written request requires mandatory presentation of information about the sender - an organization or an individual.
Enter what you want to achieve with this request. 4 Referring to the legislation, indicate in this document what measures you will take if the bank refuses to fulfill your request or simply ignores it.
5 Put your personal signature if you are an individual, certify the document with the seal of the enterprise and the signature of the head of the organization if the request is made on behalf of a legal entity.
6 Print the request in two copies, send one to the central office of the bank to which it is addressed, on the second ask the bank employee who receives your letter of application to put a number, date and acceptance mark on it.
7 If you do not have the opportunity to make a personal visit to the central office of the bank and submit a request, you are allowed to send this letter of appeal by mail to the address of its location.
In a word, if you don’t know something or don’t quite understand it, if you need documents or price lists, send a letter of request. Letter structure Such messages are written according to the same pattern as other business letters:
- First, the details of the recipient and sender are indicated;
- then - the date of preparation and the outgoing document number;
- a title reflecting the essence of the question;
- addressing the recipient (usually by name and patronymic, unless you are writing to official authorities);
- essence of the question;
- a favorable expression of hope for cooperation;
- Gratitude;
- position, full name and signature of the sender.
Since the request letter is an official document, it should be written on company letterhead.
A sample request letter can be downloaded here. How to write? It is better to start your request with a brief explanation of the reasons for your request. Secure online system for easy business management 8 (800) 333-61-70 Russia+7 Moscow Help Attention, since October 2020, the Class365 service (Trade, Warehouse, CRM) is called Business.Ru and is located on the domain online.business.ru. Read more »
- Samples of powers of attorney and commercial proposals
- Automatic filling of standard document forms
- Printing documents with signature and seal image
- Letterheads with your logo and details
- Uploading documents in Excel, PDF, CSV formats
- Sending documents by email directly from the system
Class365 - quick and convenient filling out of all primary documents Connect for free to Class365 When collaborating with partners, contractors (or the customers themselves), you often have to conduct business correspondence.
At the first stage of interaction, when contracts have not yet been concluded, the most common form of business writing is query letters. A letter of request is a document that contains a formal request from one individual/legal entity to another. Most often in working practice, such letters are the forerunner to all subsequent work.
request letters (Word) Automate the sending of request letters using Class365 (Submit documents without errors and 2 times faster by automatically filling out documents in the Class365 program) View the full catalog of forms How to correctly write a request letter The purpose of a request letter is to obtain information , if it has not been received or not submitted in full before.
Source: https://territoria-prava.ru/kak-napisat-zapros-v-bank-o-predostavlenii-informatsii-obrazets/
Who can send notices to homeowners
08.04.2018
A general meeting of homeowners can be held either on the initiative of the management company, the board of a homeowners association, a cooperative, or on the initiative of one or more homeowners. Article 45 of the RF Housing Code establishes the obligation to conduct it at least annually.
For mandatory annual meetings of residents, you can determine a specific period (once a year, once every six months, once a quarter), which must be indicated in the minutes of the meeting of homeowners.
Sample minutes of a meeting of apartment building owners.
The organizer of an unscheduled meeting may be:
If the group of initiators of the meeting has 10% of the votes of the number of residents of an apartment building, then by decision of the group the responsibility for holding meetings can be transferred to the management company (Article 45 of the Housing Code of the Russian Federation).
If the initiative group does not have 10%, then it will be enough to involve neighbors in the initiative group to obtain the necessary percentage for making a decision.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
Do I need to coordinate the message?
If the initiator of the meeting is the owner of the premises (residential or non-residential), it is necessary to contact the organization that is responsible for the meeting of residents of the apartment building in writing and describe the request. Such an organization may be a management company, a homeowners’ association, a building council, etc.
A written request for a meeting must indicate what issues will be resolved at the meeting. And the relevant company will provide notification and preparation for the event.
If there is no such organization, then it is advisable for the owner to assemble an initiative group. It is clear to everyone that one person cannot cope with such a volume of work. The topic of the meeting will be determined by the person who will conduct the meeting (chairman, management company or initiator).
The management company does not recalculate utility bills.
How to pay for housing and communal services if you do not live in an apartment, read here.
Who is responsible for the common property in an apartment building, read the link: https://novocom.org/otvety-na-voprosy-chitatelej/kto-otvechaet-za-obshhee-imushhestvo-v-mnogokvartirnom-dome.html
To prevent the initiator from looking incompetent in the eyes of the neighbors, you need to clearly prepare for the meeting: identify issues, prepare documents and facts, calculations, comparative characteristics, or anything that can help reach the final decision.
If these conditions are met, then the meeting is recognized as legal.
Complaint to the Housing Inspectorate against the management company.
How to submit a request for information to a government agency – We have the right to know
Image source: https://pixabay.com
Step 1
First of all, it is important to understand which competent authority may have the information you need.
Determine which area of life the information you need relates to: consumer protection, labor issues, housing issues, etc.
Look at the general list of government bodies existing at the federal and regional levels on the website www.gov.ru. You can often find out which body is responsible for regulating this area from its name. More detailed information about the competence of a particular government body is located on its official website.
Contact a lawyer for help if you are unable to find the right authority on your own.
Please remember that even if you mistakenly send a request to the wrong authority, it is required by law to redirect your request to the authority that has the authority to provide the information you requested.
Step 2
Submit a request for information. You can write your request by hand (in legible handwriting) or on a computer.
Be clear about exactly what information you are asking for so that the authority can clearly identify it and provide exactly what you need. The main thing in a request is its accuracy.
Indicate the exact name and details known to you - date, number, etc. of the requested documents, if known to you.
When making a request, please read the “Request Requirements” section for more details. Pay special attention to the paragraph “In what cases does the authority have the right to refuse to provide information?”, so as not to give the authority a reason for refusal.
Step 3
Be sure to make a copy of your request before submitting it to the authority. You should still have a copy in your hands.
Step 4
Select the method that suits you best to submit a request to the authorities and send it:
- by regular mail, registered or valuable mail with return receipt requested (). Keep the receipt you received in the mail confirming the mailing of the letter and the notification that the letter was delivered to the authority.
Our website has instructions for sending such letters.
- by fax. Save the fax delivery report;
- by email. Save the sent request letter to your email;
- through the application form on the authority’s website. Use the computer's printscreen function and take a photo of the application form you filled out and the electronic page that opens after submitting it.
Our manual contains instructions for sending requests electronically (page 137).
- directly to the authority itself. Call the authority in advance and find out in which office and at what time you can submit a request. When submitting a request, take a copy of it with you and ask to make a note on it that your request has been accepted (that is, put on the copy of the request the date of its acceptance, signature, full name and position of the person who accepted the request, as well as a stamp or seal of the authority). Keep a copy of the request with a mark for yourself.
Step 5
Wait for a response to your request. The authority is obliged to send it to you within 30 calendar days from the date of registration of your request. Register received requests from authorities within 3 days).