Votes at the general meeting of owners: how many are needed?

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In accordance with the Housing Code of the Russian Federation (LC RF), the owners of an apartment building must organize general meetings to resolve issues relating to their properties, conduct voting and correctly count votes.

Decisions at such meetings are often of a very important nature and therefore must be made through a fair voting procedure.

Poor awareness of citizens in the legislation of the Russian Federation often provokes incorrect vote counting or makes this event completely impossible.

In order to help readers, today our resource offers material on how to properly conduct the procedure for counting votes and the meeting as a whole.

By a simple majority of votes from the owners participating in the meeting - everything else, for example:

Some wording in the law is not directly indicated, so the initiator has questions about where to include them, because the number of votes will depend on this: Is the barrier an improvement or about the limits of use of the land? Is a partition in common areas just a redevelopment or a reduction in common property? Is sealing a garbage chute some kind of reconstruction or reduction of common property, or is it simply a choice of waste collection method? Is installing video surveillance the use of common property, refurbishment or none of the above?

Initiators should focus on local judicial practice, or they can ask the housing inspector in advance.

Regulations for the procedure

The procedure for holding a meeting and referendum must be organized. Votes are counted at the general meeting of homeowners after the event is completed. Most often this happens behind closed doors by selected persons - the initiative group, the House Council, a representative of the Management Committee. They bear full responsibility for the transparency of the process.

Main nuances of the procedure:

1. The form of voting can be in person, in absentia or in absentia.
2. A quorum must be maintained.
3. Mandatory protocol keeping.
4. The result is recorded in the registry. The calculation specifies how many people participated in the process and their data:
   FULL NAME.;
5. apartment number and square footage;
6. contact details.
7. The person initiating the meeting is obliged to notify all property owners. This event must be carried out no later than ten days in advance.

Note: compliance with formalities gives the meeting legitimacy, which is documented.

Requirements for registration of voting results of an apartment building by homeowners

Counting does not require any special skills, but everything should be done transparently so that you don’t need to check the results again later.

Principles and requirements:

1. Drawing up a register and protocol. The documents specify the definition of quorum and the composition of the counting commission.
2. Ballots and sheets are checked and counted manually. During this process, observers must be present. Controversial issues require additional verification.
3. Availability of powers of attorney from persons who are representatives of the owners.

Please note: all accompanying documents must be prepared strictly according to the templates.

Voting sheet

The progress of any meeting must be shown in writing. The percentage of votes of the owners is needed to make a decision after counting. Summarizing is done on sheets. The design of the form is influenced by the resident's status.

The individual indicates:

• FULL NAME.;
• apartment number and square footage;
• passport data.

The organization is obliged to provide the ORGN and TIN of the company.

If any data is missing from the sheet, this is considered a violation.

What information should be included in residents' voting protocols?

Each protocol must contain the required details:

1. Document's name.
2. Date and number.
3. The essence of the meeting or vote.
4. Signatures of responsible persons.
5. The place where the documentation will be stored.

Note: all participants in the process must sign the protocol.

Shared ownership and co-ownership

In accordance with Articles 245-252 of the Civil Code of the Russian Federation, currently in force with amendments, common private, privatized property can be shared or, referring to Articles 253-259 of the same code, joint. As a rule, no difficulties arise with shared ownership, since the share is specifically allocated, as evidenced by the relevant documents. To determine the percentage of votes here, you need to multiply the area of ​​your share by 100 and divide by the total area of ​​the house, just as is done in ordinary cases. When calculating the quorum at a meeting, only those numbers and citizens that are recorded in the documents are taken into account.

The first and second parts of Article 253 of the Civil Code of the Russian Federation establish that the owners of premises in joint ownership use real estate and dispose of it on an equal basis, since the shares are not allocated. Thus, any co-owner can be present at the meeting, and the percentage of votes will be determined per apartment, and not on individual co-owners, no matter how many housing units are registered.

Number of votes to make a decision

Each resident has a voice. Units (percentage) are equal to the footage of the property. Let's consider an example: a person owns an apartment of 50 m2, and according to the register, the total area of ​​​​the apartment building is 4000 meters, respectively, out of 4000, 50 are in his competence.

Note: you can count votes at a general meeting of owners using an example, taking into account the proposed formula.

How to hold a homeowners meeting

A third of all votes is sufficient to make a decision. Using a calculator, you can find out that in this situation the number is 1739.

The calculation is made using the formula: divide the total area of ​​the apartment building by 2/3.

That is, at least 35 apartments with this footage must be voted on.

The concept of quorum

Quorum means the number or percentage required for a meeting or session to take place. The number of voting persons should not be less than 2/3 of the total number. To determine the quorum, you need to make a simple calculation.

Example: if the apartment is 43 m2, and the area of ​​the house is 5000, then: 43/5000*100=0.86% (the percentage taken into account in the referendum for this tenant).

Note: in order to vote and then sum up the results, the statement must be certified by all representatives of the counting commission of the housing cooperative in accordance with the provisions reflected in the Charter of the MKD.

Calculator for counting votes at a meeting of apartment building residents

Real estate can be not only an apartment, but also utility rooms. The owners of such areas also have the right to vote. To make the calculations correctly, you can use a calculator.

Often it is created in Excel format yourself or using a tool on the Internet. To do this, you need to type “meeting voting calculator” into the search bar. The World Wide Web will provide several links upon request, from which the desired option is selected. Then, the user needs to set the organization parameters and maintain information.

Can a tenant of an apartment building check the voting protocol and how to do it

Documents are often falsified by interested parties, so the protocol is checked, if there are prerequisites for voting to be carried out with violations. It is necessary to form an independent commission from the management company or from the owners.

Additionally, you can contact the State Housing Inspectorate for an inspection.

OSS forms for MKD premises