Minutes of the HOA board meeting: rules for drawing up

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How to draw up a protocol correctly

Any management issues of the homeowners association are resolved at a general meeting. The meeting is held if more than 50% of the home owners are present. The process is registered in a special protocol, which has its own non-specific form.

It must be said that the minutes of the HOA meeting do not have a unified form. There are no special forms at the federal level.

Attention! But the document must necessarily contain the following information:

all details of the HOA, including registration address and location;
the total area of an apartment building or several buildings in respect of which a HOA has been formed;
the location of the hearing, as well as the date and approximate time of the meeting;
agenda (list of issues that are discussed directly at this meeting);
counting the number of votes (separate lines reflect the opinions of the owners “FOR”, “AGAINST”, and also indicate the number of abstaining from voting);
a complete list of decisions that were made;
signatures of the parties authorized to sign the document (secretary, chairman of the HOA).

Please note that more than 50% of the residents of the building must be present at the meeting. This fact must be mentioned in the protocol. This information is reflected in the document under the item “Data on the presence of quorum”. Quorum means the presence at the meeting of more than 50% of homeowners.

If one of the residents has his own special opinion, different from the opinion of other owners, he can declare this. It must be said that the point of view can be entered into the protocol. This proposal is considered regardless of whether it is on the agenda or not.

The voting results are reflected in the protocol after consideration of each issue previously stated on the agenda. That is, the decision is made not after examining all the problems, but after a consistent assessment of each individual topic.

The protocol is signed not by all residents, but by the parties to the HOA board. In particular, this is the chairman of the partnership, as well as the secretary of the meeting.

Purpose of partnership minutes

A protocol is an official document that is drawn up only after a meeting. A decision is made only after considering the issue and making a separate decision. The paper consists of several parts.

The main one is the content part. It reflects the full list of issues that need to be resolved at the meeting, as well as decisions on them and the number of votes “For”, “Against”, “Abstain”. Each document has its own purpose.

Important! The grounds for drawing up minutes of the HOA board meeting include:

reflection of all issues considered at the meeting;
ensuring the legality of the meeting;
obtaining the right to carry out any legally important actions in relation to the common property of residents, for example, installing a parking lot.

Drawing up minutes of a partnership meeting is not just a desire of the owners, it is a legal obligation. The need is reflected in Article 46 of the Housing Code of the Russian Federation.

It must be said that the partnership is formed on the basis of a general meeting of residents. After making a decision, the HOA registers the enterprise, since the organization is a legal entity. At the same time, contracts for the supply of services and resources are concluded, in addition, bank accounts are opened.

The minutes of the meeting of the HOA board are mandatory documents for the exercise of powers by the organization. Do not confuse two papers: the minutes of the HOA board and the minutes of the meeting of the HOA members. The first document is drawn up when defining a partnership, and the second to resolve public issues.

The decision is made by voting. The number of votes required for the result is determined in proportion to the total area of the house. However, each participant has the right to cast his vote only once, so the attendance of 50% of residents at the meeting is required.

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Minutes of the HOA board meeting: form

The protocol form is here.

PROTOCOL N _____

board meetings

homeowners association«____________________»

g. _______________ “___”_____________ ___ g.

Members of the HOA Board: _____________________________________________

Members of the HOA Board present: ____________________________

There is a quorum. The meeting is legal.

AGENDA:

1. Distribution of responsibilities between members of the Board of the HOA “__________”.

LISTENED TO:

On the agenda item, _________________ spoke (full name of the speaker): _______________________________________. (main points of the speech)

VOTED:

"Behind" - _____.

"Against" - _____.

“Abstained” - ______.

DECIDED:

In order to streamline the organization of the activities of the HOA Board, guided by the Regulations on the HOA Board and/or the Regulations on the Chairman of the HOA Board, establish the following procedure for the distribution of responsibilities:

Chairman of the Board - _____________________________________________ (indicate areas of activity) Member of the Board - _________________ - __________________________________ (full name) (indicate areas of activity)

Member of the Board - _________________ - ___________________________________ (full name) (indicate areas of activity)

Chairman of the Board of the Homeowners Association

_____________________ ______________________ (signature) (full name)

Secretary of the HOA Board meeting

________________ ____________________ (signature) (full name)

General meeting of housing cooperative members

The activities of the housing cooperative are carried out taking into account the provisions of its charter, the Housing and Civil Code, as well as Federal Law-215. The general meeting of cooperative members is a tool for coordinating the most important issues related to the operation or construction of an apartment building. This is stated in Art. 44 of the Housing Code.

According to Art. 117 of the Housing Code, the meeting of participants or shareholders is the highest management body of the housing cooperative. It is convened in the manner determined by the charter of the company if the cooperative has less than 50 participants.

If the number of cooperatives exceeds 50 people, then a conference is convened. The conference is attended by selected representatives of shareholders, whose terms of office must be specified in the internal documentation of the organization.

Participants in the housing cooperative meeting are shareholders or owners of residential premises in an apartment building. The meeting can be held in various forms:

In-person , which involves the personal presence of all participants.
Absentee voting , in which written ballots are distributed for voting on major issues.
Part-time and part-time , which combines the above options. For example, the agenda is discussed in person, and voting on the issues raised takes place in absentia.

Since in large housing cooperatives it is quite difficult to convene all participants, absentee voting is most often used.

The procedure for convening and holding meetings of meetings of housing cooperative participants is determined by the local regulations of the cooperative.

Decisions made at the general meeting are binding on both its participants and those who were unable to attend. They are also mandatory for the board of the cooperative and the audit commission.

When and how is it going

A meeting of housing cooperative participants is held at least once a year. Based on the provisions of Art. 45 of the Housing Code, such events are recommended to be held in the second quarter annually, but residents have the right to choose a different time at a general meeting. Usually the date of the meeting falls on a weekend for the convenience of all residents. For an in-person meeting, a spacious room is selected that can accommodate everyone.

In order for decisions at a meeting to acquire legal force, a quorum must be ensured. That is, at least 50% of all owners must take part in the meeting. If the quorum requirement cannot be met, the meeting must be held again. After all, if a quorum could not be maintained, then the decisions of such a meeting have no legal basis and are easily challenged in court.

It is advisable that the chairman and members of the board take part in the meeting; other persons should be present only depending on the topic of the meeting (agenda). If someone from the board cannot take part in the meeting, then he must send his authorized representative to it and write out a power of attorney in his name to represent interests.

According to their form, meetings can be regular, which are held annually, as well as extraordinary. According to Part 2 of Art. 45 of the Housing Code of the Russian Federation, the latter are carried out as necessary.

Any member of the cooperative may have the right to convene an extraordinary meeting . To do this, the initiator must submit a written notice of convening a meeting to all participants of the cooperative at least 10 days before this event (the charter of the housing cooperative may provide for other extended frameworks - for example, 20 days before the meeting).

Notification of convening a meeting is given to the cooperative members in person against signature or sent by mail. This document must indicate the place, date and time of the meeting and describe the agenda. Notifying participants by mail is the classic method of notification, but electronic communication channels can also be used. But in the latter case, the organizer of the meeting must ensure that the notice sent by him is received.

It is worth noting that the lack of proper notification of a meeting is grounds for declaring it invalid.

What issues are being resolved

According to Part 1 of Article 110 of the Housing Code, citizen cooperatives, with their own resources and resources, take part in the construction, reconstruction and maintenance of an apartment building.

The competence of the general meeting of the cooperative is determined on an individual basis and must be spelled out in the constituent documentation (the charter of the housing cooperative). At the same time, the list of issues resolved by the meeting cannot contradict the norms of the Housing Code. This means that the charter does not have the right to limit the competence of the general meeting.

At regular meetings of housing cooperative members, the most important decisions can be made:

re-election of the board of the cooperative;
appointment of members of the audit commission;
change of developer who is building the house;
size or increase in share contributions;
making additional targeted contributions;
approval of new members;
exclusion of participants;
landscaping;
carrying out current or major repairs;
change of service company , etc.

The meeting may be devoted to the consideration of final reports from the chairman of the cooperative on the results of work for the year, directions for spending participant contributions, etc.

According to legal requirements, the board of housing cooperatives and the appointed audit commission must report to all participants of the cooperative about the balance of funds in the account, about the execution of the budget during construction, etc. Based on Part 2 of Art. 124 of the Housing Code, at the general meeting, issues of readiness of the house for occupancy are resolved.

Also, the board of housing cooperatives must agree with the participants on the decision to conclude an agreement for the use of the property of an apartment building, the installation of advertising structures, etc.

All decisions made must be documented through the minutes of the housing cooperative meeting.

Rules for drawing up a proxy for voting

A power of attorney is an official document.

Although there is no single form for such paper, it must contain the following information:

the name of the homeowners association, as well as the details of the HOA;
last name, first name, patronymic, as well as passport details of the replaced HOA member;
full name of the person replacing the member of the partnership, as well as his passport details;
a complete list of powers delegated to the proxy (participate in voting, challenge, express your opinion, propose the optimal solution to the issue);
information about the possibility of transferring rights;
the full validity period of the document and the moment it comes into force.

Please note that a general power of attorney gives the trustee all the rights of a member of the HOA.

How to find out the debt for an intercom?

How to obtain a register of apartment building owners, read here.

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The document contains a list of powers:

filling out the ballot when voting;
requirement to include certain issues in the protocol;
refusal to vote;
other rights.

If the owner was absent for a long time and did not know what was happening at the meetings, he has the right to appeal all decisions made in court.

According to general rules, a power of attorney is certified by a notary. But the members of the partnership accept the document without the signature of a specialist. However, such paper has negligible legal significance. Decisions made with the participation of an authorized person who has an uncertified document are canceled by the court in an indisputable manner.

ATTENTION! Look at the completed sample power of attorney for the right to vote at the general meeting of owners of apartment buildings:

What is contained in the extract from the protocol

An extract from the minutes of a meeting of the board of directors of a homeowners' association is drawn up if it is necessary to provide a document to carry out legally significant actions.

This paper includes the following information:

name of the partnership, its location or legal address;
number of the minutes of the HOA board meeting;
place, time and date of the HOA board meeting;
information on the availability of the number of participants required to make a decision (50% of residents);
a complete list of decisions taken at the meeting.

A sample statement can also be found on the Internet. Due to the fact that there is no standardized form of paper, you can use any form.

Only decisions made are reflected in the statement. Issues that are not resolved at the meeting are not listed in the document. The extract is signed by the chairman of the HOA, as well as the secretary of the meeting.

ATTENTION! Look at the completed sample extract from the minutes of the general meeting of owners of premises in the house:

Minutes of the general meeting of housing cooperatives: what it is and why it is drawn up

The minutes of the housing cooperative are an official document that displays the key points of the meeting, included on the agenda, and the voting results on each issue.

It performs three key functions:

Organization of housing cooperative reporting (protocols are published in the public domain).
Recording decisions on each issue on the agenda.
Description of the voting process and recording the number of votes.

Also, the minutes of the meeting can become a powerful argument in court if controversial situations arise.

When and by whom is it compiled?

The minutes of the housing cooperative meeting are an official document in the activities of the cooperative. Therefore, it can only be executed by a responsible person authorized to create a protocol. In this case, this can only be the secretary of the housing cooperative meeting, who is pre-elected by the members of the cooperative through voting.

According to Order No. 937 of the Ministry of Construction of 2015, the order is prepared no later than 10 days after the meeting.

Voting on issues on the agenda is carried out by a show of hands or using ballots. All issues that are specified in the charter of the housing cooperative are approved by a qualified majority (by voting “for” more than ¾ of those present). In particular, the majority amended the content of the charter: the name of the housing cooperative, its location, the procedure for new members to join and leave the cooperative; return of shares. Some issues that are not specified in the charter are decided by a simple majority.

Failure to comply with the requirements for the procedure for voting and decision-making is grounds for cancellation of the minutes and the meeting.

If a quorum was not reached, the secretary also indicates this fact in the minutes.

Procedure for compilation

When preparing the minutes of the general meeting, you can rely on ready-made templates or prepare your own sample based on legal requirements.

The minutes of the general meeting must include the following aspects:

The name of the document (Minutes of the General Meeting) and its number.
Venue of the meeting.
Date and time of the meeting.
Name of housing cooperative.
House address and cooperative registration details.
The agenda and voting results for each of the issues put on it (if there are several topics on the agenda, it is advisable to display this in the form of a numbered list).
The decision made based on the results of the vote count.
Signature of the chairman and secretary indicating their full name.
Date of preparation of the minutes (as noted - no later than 10 days after the meeting).
The total number of participants who are entitled to participate in the meeting.
Total number of people present at the meeting.
Protocol storage location.

The minutes also record the type of meeting (regular or extraordinary) and the form of its holding (in person or in absentia). Here you can also indicate the names of the speakers. A sample minutes of the general meeting of housing cooperatives, taking into account the above requirements, can be downloaded here.

According to the approved requirements of the Ministry of Construction, which are mandatory for use when drawing up a protocol from 2021, each new question must include three parts:

“Listen” indicating the name of the speaker and the abstract of the speech.
“Proposed” with a brief summary of what was proposed.
“Resolved” with a summary of the decision made.

Checking information from the protocol

Copies of the minutes of the meeting of participants must be sent to the housing supervision authority. They can be transmitted in person or electronically through the housing and communal services website. In this case, the housing cooperative is required to document the transfer of a copy of the protocol. The necessary documents are attached to it. In particular, a register of present participants or powers of attorney for management representatives.

In addition to housing supervision authorities, prosecutors or tax inspectors may check protocols. Control may take the form of an audit or revision.

Typically, such inspections are carried out as planned, but they can be initiated immediately upon receipt of complaints from participants. In particular, if they expressed doubts that the voting took place according to the regulations.

It is worth considering that falsifying the minutes of a general meeting is a criminal offense, since the minutes have the status of an official document.

Absentee ballot

Absentee ballots can also be found online. Otherwise, you can create the forms yourself.

Attention! But do not forget that the document must include the following information:

the full name of the partnership, as well as its address;
date, time and place of the meeting;
the full name of the property owner taking part in the voting, as well as his residential address and telephone number for communication;
information from documents giving ownership of real estate;
total area of the house;
list of issues indicated on the agenda;
information about the authorized person.

The form reflects all issues that must be resolved by voting. Opposite each item there are three columns “FOR”, “AGAINST”, “ABSTAIN”. The HOA member checks the appropriate column. You must sign the ballot below.

If the voting person does not answer at least one question, then the form is considered invalid. It is not taken into account when counting votes.

ATTENTION! View a completed sample voting ballot:

The minutes of the meeting, extract and voting ballots are considered official documents. To prevent the court from declaring them invalid, it is recommended to draw them up correctly from a legal point of view. The legitimacy of papers is based on the completeness of the information reflected in them.

The procedure for drawing up the minutes of the general meeting of housing cooperatives, the purposes of its formation and a sample document