What needs to be conveyed?
First of all, you need to determine which documents are subject to transfer to the State Housing Registration Authority. In parts 1, 1.1 art. 46 of the Housing Code of the Russian Federation talks about decisions and minutes of the meeting of owners of an apartment building. It means that:
- minutes of general meetings of members of HOAs, housing complexes, housing cooperatives do not need to be transferred anywhere (in accordance with the requirements of the given norms of the Housing Code of the Russian Federation);
- the decision should be understood as a voting ballot for each owner of the premises (see also Part 4 of Article 46 of the Housing Code of the Russian Federation), which is necessary when holding a meeting of owners of an apartment building in the form of absentee or in-person voting. If during in-person voting the decisions of the owners are not formalized, they do not need to be transmitted;
- It is necessary to transfer all received protocols and decisions to the State Housing Authority body, even if, without the participation of the manager of the apartment building, they were drawn up in violation of the Requirements (and previously - without the mandatory details listed in Article 181.3 of the Civil Code of the Russian Federation), or raise doubts about the reliability, or can be qualified as insignificant.
According to clause 2 of the Procedure, the manager of the apartment building is obliged to send copies of documents presented to him by the initiator of the general meeting of premises owners. Therefore, if the initiator, in violation of Part 1 of Art. 46 of the RF Housing Code did not transfer any documents to the Criminal Code, but the latter has information about the holding of the general meeting; it is advisable to request (in writing) these documents from the initiator himself. This request will be evidence that the management company has taken all measures to fulfill its responsibility.
Naturally, if the initiator of the meeting was the manager himself, he must transfer copies of the minutes and decisions without any additional conditions.
Special mention should be made of the composition of the minutes of the owners' meeting. As established by paragraphs. “g” clause 4 and clause 19 of the Requirements, mandatory details of the protocol are the annexes to it (including decisions of the owners of the premises). Considering that attachments are an integral part of the protocol and without them it is sometimes impossible to establish the real will of the owners of the premises, the content of the decision (for example, if we are talking about the approval of the terms of the contract, work estimate, etc., which are included in the appendices), it is necessary to transfer the protocol to the State Housing Authority body with all its required applications.
Order of conduct
The convening of the governing body of the partnership and its rules are regulated by Article No. 146 of the Housing Code of the Russian Federation.
This article states:
- each member of the partnership must be sent a written notice on behalf of the person initiating the convening of the governing body; the notice must be sent by mail or delivered against signature.
The owner initiating the meeting must provide information about himself and indicate in the agenda the purpose of the meeting with a list of issues discussed, the place and exact time of the start of the event. Issues not previously identified on the agenda are not discussed; - a meeting is considered valid if only members of the partnership or their representatives are present at it in a number that ensures a quorum;
- If the voting concerns issues outlined in Article 145, then a decision on these issues can only be made if there are 2/3 votes for one of the positions on the issue;
- A meeting of the HOA board can only be held by the chairman or his deputy; in the absence of these persons, the meeting is held by one of the full members of the meeting.
IMPORTANT: Thus, any participant in the partnership can initiate a meeting of the HOA if the notification is properly completed and the procedure for its distribution is observed.
Where and when to submit?
By virtue of Part 1.1 of Art. 46 of the Housing Code of the Russian Federation of the Criminal Code is obliged to transfer documents within five days from the date of their receipt from the initiator of the meeting (see clause 3 of the Procedure). Unless otherwise stated, calendar days must be counted. It is important to record the date of receipt of documents. To do this, it is necessary to draw up an act of acceptance and transfer of documents, in which a list of documents should be given, the date of transfer should be reflected, and the signatures of the receiving and transferring parties should be affixed.
If the initiator of the general meeting is the manager of the MKD, it is quite logical to assume that the package of documents must be transferred to the GZHN body within five days from the date of drawing up the minutes.
In paragraph 2 of the Procedure it is specifically noted that the documents must be transferred to the body of the State Housing Property Committee of the constituent entity of the Russian Federation on the territory of which the apartment building is located, the owners of the premises in which held the general meeting.
Design rules
The following general design requirements are provided:
- The text is typed on the computer, starting from the upper right corner;
- Compiled in a plural form;
- The narration is in the third person;
- The style of the text is extremely simple and understandable, and should not contain the possibility of double interpretation;
- If there are several applications, they must be numbered in order.
The date of preparation of the document should not differ from the date of vote counting. If the meeting was held in several stages, the start and end dates of the meeting are indicated.
On the transfer to the State Housing Registration Authority
Clause 4 of the Procedure clarifies that copies of documents are considered transferred if the manager of the MKD has a document confirming the fact and date of their transfer to the State Housing Authority. The most obvious way is transfer by courier, with receipt of a receipt from the employees of the State Housing Registration Authority indicating the date of transfer of documents. Please note: the Order does not say that this is the only possible method. For managers in settlements located at a significant distance from the regional center, where the State Housing Authority is usually located, this option may be very inconvenient. Considering the equality of rights of all business entities, it seems fair that managers can send a package of documents to officials by registered mail with an inventory of the contents and a return receipt.
Who should fill it out?
Compilation is carried out by the secretary of the meeting , elected by simple voting from among the present residents-members of the housing association. The secretary cannot be the chairman of the meeting. The duties of the secretary include:
- filling out the protocol according to the rules approved by order of the Ministry of Construction No. 937;
- control over the accuracy of the entered data on the number of votes provided by the counting commission;
- making additions and dissenting opinions at the end of the issues under discussion as directed by the chairman.
IMPORTANT! The secretary who compiled the protocol signs it and is responsible for the consequences resulting from distortion of information in any sections of the protocol due to negligence or intent equally.
When holding an absentee meeting with voting by apartment, the document is drawn up by members of the housing association who organized the absentee voting.
About placement in GIS Housing and Communal Services
Copies of decisions and protocols are considered transferred in the case when electronic images of decisions and protocols are in the public domain and are available for viewing in the GIS Housing and Communal Services (clause 4 of the Procedure). Based on the literal interpretation of Part 1.1 of Art. 46 of the RF Housing Code and the Procedure, placement in the system and delivery of documents are not alternative methods of transfer. This means that the order of the Ministry of Construction specifies the obligation of the manager of an apartment building to post decisions and minutes of meetings of owners in the Housing Information System.
For your information
Information about the holding of a general meeting of premises owners, a general meeting of members of HOAs, housing complexes, housing cooperatives, as well as decisions of such meetings on issues put to vote, and voting results must be posted in the system (clause 36, part 1, article 6 of the Federal Law of July 21 .2014 No. 209-FZ “On GIS Housing and Communal Services”). By virtue of Part 18 of Art. 7 of the same law, suppliers of this information are persons engaged in the provision of services for the management of apartment buildings, under contracts for the provision of services for the maintenance and (or) performance of work on the repair of common property in apartment buildings, for the provision of utility services
.
So, it is the responsibility of the manager of the apartment building to send copies of decisions and protocols, including using the GIS Housing and Communal Services
, was installed in the GZhN body from 08/30/2015. Until now, managers have not been required to place electronic images of the documents in question in the GIS Housing and Communal Services, since the general rule on posting information has been in effect since July 1, 2016 (or after four months from the date of entry into force of the agreement on the trial operation of the GIS Housing and Communal Services). Has anything changed since April 29, 2016 due to the entry into force of the Procedure?
On the one hand, according to the direct instructions in Part 19 of Art. 12 of Federal Law No. 176-FZ, protocols are transferred to the GZHN body using the GIS Housing and Communal Services and are subject to placement in the system within the general time frame - from 07/01/2016.
On the other hand, on the basis of Part 4 of Art. 12 of Federal Law No. 209-FZ, if the legislation of the Russian Federation establishes an earlier deadline for information providers to post information in the system, they are obliged to place such information in the system within the time limits provided for by the legislation of the Russian Federation. The order of the Ministry of Construction is an act of legislation of the Russian Federation. Can it be considered that it sets the deadline for posting information in the Housing and Communal Services GIS? The answer to this question will influence the qualification of the offense in the form of failure to place or untimely placement of minutes of general meetings of premises owners in the Housing Information System.
Currently, posting decisions and minutes of the meeting of owners of an apartment building in the Housing and Communal Services State Information System is the fulfillment of the obligation of the manager of the apartment building to transfer to the supervisory authority the information necessary for the implementation of supervisory measures. This obligation is provided for by the Housing Code of the Russian Federation. Failure to comply with it entails administrative liability under Art. 19.7 of the Code of Administrative Offenses of the Russian Federation (fine for legal entities in the amount of 3,000 to 5,000 rubles).
At the same time, there is an obligation, established by a special law on GIS housing and communal services, to place a variety of information in this system (the goal is to provide interested parties with information about housing and communal services). In general, information must be placed in the GIS from 07/01/2016, for individual information (about houses managed by the management company) - from 08/01/2015. Violation of this obligation threatens with more serious sanctions (see Article 13.19.2 of the Code of Administrative Offenses of the Russian Federation, fine for the Criminal Code - 30,000 rubles).
For reference
From August 1, 2015, management companies are required to place in the Housing and Communal Services State Information System information about the list of apartment buildings under management, as well as information about changes to this list (Part 2 of Article 198 of the Housing Code of the Russian Federation, Part 3 of Article 7 of the Federal Law of July 21, 2014 No. 255-FZ). By Order of the Ministry of Telecom and Mass Communications of the Russian Federation No. 368, Ministry of Construction of the Russian Federation No. 691/pr dated September 29, 2015, which entered into force on January 5, 2016, it was clarified that in addition to posting information directly about the apartment building (address), the minutes of the meeting of owners of an apartment building, at which a decision was made to select a management company, change, or terminate the management agreement. Thus, a certain category of minutes of general meetings is already published in the system.
So, from April 29, 2016, apartment managers have an undeniable obligation to post decisions and minutes of general meetings of premises owners in the Housing Information System. However, taking into account the various purposes of posting minutes in the GIS Housing and Communal Services, there is reason to believe that before the obligation arises to place information in the system as a whole, for the lack of publicly accessible electronic images of decisions and minutes of general meetings in the GIS Housing and Communal Services (except for the minutes of the general meeting on the choice of management company, termination of the contract management) liability under Art. 19.7 Code of Administrative Offenses of the Russian Federation. However, a different interpretation of the law by inspectors cannot be ruled out.
Filling Features
If the total number of invited persons exceeds 15 people, information about them (full name, passport details, apartment number, title document) should be placed in a list as an appendix to the protocol.
The wording “Miscellaneous” and combining several questions that are different from each other into one are unacceptable.
The sections in the main part are divided into 3 components:
- "Listen" . It indicates the name of the speaker, a brief summary of the speech;
- "Proposed" . Contains a clear and understandable proposal to resolve the issue raised for discussion;
- “Decided” / “Decided” . Includes conclusions with the wording “for”, “against”, “abstain”.
A decision is made when a majority of votes are cast for it. It is generally binding, including for persons who did not participate in the vote.
Tasks not listed in the content of the document cannot be accepted for consideration.
