Council Decision apartment building adopted by the owners of premises in an apartment building at a general meeting. For the successful holding of the general meeting, it is necessary that an initiative group appear in the house from among the owners themselves.

The initiators of the general meeting of owners may be the owner or several owners of the premises in this house (Article 45 of the Housing Code of the Russian Federation).

Step 1. Creation of an initiative group owners.

We collect an initiative group, ideally one person from each entrance, but you can act alone, remember that the main thing in this matter is initiative.

We have assembled a team of like-minded people, immediately hold a meeting of the initiative group to discuss the problems and issues that concern you and other residents of the house.

The number one issue on the agenda is the choice of the Council of the apartment building and the Chairman of the Council of the house. Compiling a list of candidates Regulations on the Council and the Chairman of the Council, if necessary, we make adjustments to the documents under consideration. The final document should be minutes of the meeting of the initiative group, in which the intentions of the initiators are expressed to go to the general meeting and the list of issues that they are going to discuss with the rest of the residents.

On June 18, 2011, Federal Law No. 123-FZ “On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” came into force. This law supplemented the Housing Code Russian Federation, in particular, the article 161.1. "The Tenement House Council" governing the procedure for the election and operation of the council.

According to article 161.1, if in an apartment building (hereinafter - MKD):

  • no HOA has been created;
  • this house is not managed housing cooperative or other specialized consumer cooperative;
  • more than four apartments;

The owners of the premises at the general meeting are required to elect the council of the MKD.

If within calendar year, that is, until June 18, 2012, the decision to elect the council of the MKD by the owners was not made or not implemented, the local government, within three months, convenes a general meeting of the owners of the premises in the MKD on the issue of electing the council of the MKD or creating an HOA in the house.

1. General provisions about the MKD Council

  • An MKD Council cannot be elected for more than one MKD.
  • Required amount members of the council of MKD is established by the general meeting of the owners of the premises. It is advisable to establish the number of members of the council of MKD taking into account the number of entrances, floors, apartments in the house.
  • The MKD Council is elected from among the owners of the premises in this building. The chairman of the MKD council is elected from among the members of the MKD council at the general meeting of the owners of the premises.
  • The Council is elected for a period of 2 years, another term may be established by the general meeting of owners, and is valid until its re-election.
  • Early re-election of the council of MKD is possible at the general meeting of owners if the council performs its duties improperly.
  • Registration of the council with local governments or other bodies is not required.

2. The main tasks and powers of the Council of the MKD, the Chairman of the MKD
requirements for MKD board members

Council tasks:
- Participate on behalf of the owners in solving the issues of managing an apartment building.
- Representation, observance and protection of the interests of owners in relations with the managing (servicing) organization when fulfilling the terms of the house management agreement.

Council powers:

Ensures the implementation of decisions of the general meeting of MKD owners.

1. Submits for consideration by the general meeting of owners of premises in the MKD proposals on the procedure for:

Use of common property of MKD;

Planning and organizing work on the maintenance and repair of common property in the MKD;

2. Discussion of draft agreements concluded by owners in relation to common property and provision utilities;

3. Submits to the owners before consideration at the general meeting its opinion on the terms of draft contracts proposed for consideration at the general meeting;

4. Controls:

For the provision of services and (or) the performance of work on the management of an apartment building;

For the quality of public services provided.

5. Exercises other powers on issues of competence of the council, commissions and other issues, the adoption of decisions on which does not contradict the LC RF.

The Council is accountable to the general meeting of owners and annually submits a progress report for approval by the annual general meeting of owners.

A chairman is elected from among the members of the council of MKD at the general meeting of owners.

The Chairman manages the current activities of the MKD Council and is accountable to the general meeting of owners.

Powers and functions of the chairman:

  • Before the general meeting of owners of premises in the MKD makes a decision to conclude a management agreement, enters into negotiations on the terms of the said agreement and brings to the attention of the general meeting of owners the results of such negotiations.
  • On the basis of a power of attorney issued by the owners of the premises in the MKD:

Concludes an agreement on the management of MKD, on the terms specified in the decision of the general meeting of owners.

Carries out control over the fulfillment of obligations under the concluded contracts for the provision of services and (or) the performance of work on the maintenance and repair of common property in the MKD.

Signs acts of acceptance of services rendered and (or) work performed, acts of violation of quality standards or the frequency of their provision and (or) performance, acts of non-provision of utilities or provision of utilities of inadequate quality.

Acts in court, as a representative of the owners of premises in the house, in cases related to the management of MKD and the provision of public services.

Requirements for members of the Council of MKD:

For effective implementation tasks and powers of the MKD Council, candidates proposed to the Council must meet the following conditions:

  • possess organizational skills, communication skills;
  • have an idea about the functioning, maintenance and repair of MKD;
  • own the provisions of the current legislation of the Russian Federation in the field of housing and communal services.

Termination of the powers of the council and the chairman of the MKD

The council of an apartment building is valid until re-elected at a general meeting of owners. If a decision is made to establish an association of homeowners - until the election of the board of the association.

The powers of a member of the house council and chairman also terminate in the following cases:

At the initiative of the member of the council of the house or the chairman of the council of the house;

In connection with the termination of ownership of the premises in an apartment building;

In other cases provided by the current legislation.

In the event that the owners make a decision on the early termination of the powers of the house council or its chairman, the election of a new house council or one of its members, the owners of the premises notify the managing (servicing) organization of the decision.

The procedure for holding a general meeting to elect the council of MKD

The general meeting of owners of MKD on the issue of electing the council of MKD is held in the manner prescribed by Articles 45-48 of the Housing Code of the Russian Federation, subject to the changes established federal law No. 123-FZ.

An extraordinary general meeting of owners of premises in an apartment building may be convened at the initiative of any of these owners.

The general meeting of owners of premises in an MKD is competent (has a quorum) if the owners of premises in this house or their representatives who have more than fifty percent of the votes of the total number of votes. In the absence of a quorum for holding a general meeting of owners of premises in an apartment building, a repeated general meeting of owners of premises in an apartment building must be held, also by absentee voting.

When preparing a general meeting for its successful holding, it is desirable to create an initiative group from among the residents, which will work out issues related to the holding of a general meeting:

  • identification of all owners in this apartment building;
  • preliminary survey of residents' opinions on the choice of management method;
  • clarification of the current legislation on the management of MKD;
  • identification of organizations specializing in the management of MKD;
  • determination of the share of each owner in the common property of MKD (share in the common ownership of common property in an apartment building of the owner of the premises in the same house is proportional to the size of the total area of ​​​​the specified premises (clause 1, article 37 of the LC RF);
  • determination of candidates for the chairman of the general meeting, secretary, counting commission, etc.

When preparing a general meeting, all necessary organizational issues, since the legitimacy of the decision taken on it depends on it.

First stage - preparatory :

  • Develop the necessary documentation for the meeting:
  • information about candidates for the council, chairman of the council;
  • initial data for registration of participants;
  • draft decision of the meeting and draft documents proposed to the meeting for approval;
  • ballot papers

Second phase - Prepare the agenda for the general meeting:

  • On the election of the chairman of the meeting, the secretary, the counting commission for counting the voting results of the general meeting of owners of MKD premises and signing the voting results.
  • On the establishment of the MKD Council at: _______________________
  • On the approval of the number of council members.
  • On the election of council members.
  • On the election of the chairman of the council.
  • On the election of members of the counting commission.
  • On determining the place of storage of decisions and minutes of the general meeting of owners of premises in an apartment building.
  • Determine the date and place of the general meeting and post information.
  • Send a notice of the general meeting (no later than 10 days before the date) to each owner:
    • - by registered mail;
    • - hand over for signature;
    • - in another way, if it is provided by the decision of the general meeting.

The notice must indicate:

- information about the initiator of the meeting, data on his property in this house;
- the form of the meeting (in-person/absentee);
- date, place, time of the event;
- the agenda of the meeting;
- the procedure, place or address for getting acquainted with the information and materials that will be presented at the meeting.

Notice of a general meeting in the form of absentee voting differs from a notice of a general meeting in full-time only one - instead of a message about the place and time of the meeting, the place, date and time of the final adoption of the decisions of the owners on the issues put to the vote are indicated. Along with the notice of the meeting, it is advisable to send to each owner of the MKD forms of the owner's decision on each issue put to the vote, which the owner fills in with his own hand and puts his signature.

Organizers of general meetings of owners of premises need to know that residential and non-residential premises in municipal ownership may be located in an apartment building. In this case, notices of the general meeting are also sent to the district administration.

The second stage - holding a meeting

  • Competence of the general meeting

The meeting - in person and in absentia - is competent (has a quorum) if the owners of the premises in this house or their representatives, who have more than 50% of the votes of the total number of votes of the owners, took part in it (Article 45 of the Housing Code of the Russian Federation).

The presence of the owners at the in-person general meeting and the presence of a quorum is confirmed by a registration sheet of participants indicating the last name, first name, patronymic, address, details of the certificate of ownership of the premises, shares in the common ownership of the property, the signature of the owner and with a power of attorney, if the meeting is attended owner's representative.

  • Decisions of the general meeting

The General Meeting is not entitled to make decisions on issues not included in the agenda, nor is it entitled to change the agenda (Article 46 Part 2 of the LC RF). Otherwise, the decision of the general meeting may be challenged in court.

The decision of the general meeting - in person and in absentia - of the owners of premises in an apartment building on the issue of creating a council of the house is considered adopted if more than 50 percent of the votes of the total number of votes of the owners of the premises voted for it.
Requirements for the decision of the owner when absentee voting:

  • the decision must be made in writing on the issues put to a vote (clause 4, article 48 of the LC RF);
  • in the decision of the owner without fail must contain: information about the person participating in the vote; information about the document confirming the ownership of the person participating in the vote to the premises in the relevant apartment building; decisions on each item on the agenda, expressed as "for", "against", "abstained". That is, the decision must be formulated in such a way that it does not have a double meaning, excludes any inaccuracy in the wording, and it can be answered unambiguously with one of the given options;
  • decisions must be submitted to the place specified in the notice of the meeting before the specified date (day, month, year and time) of the end of acceptance.
  • Voting at the general meeting

The right to vote at a general meeting of owners of premises in an apartment building on issues put to a vote is vested in the owners of premises in this building. The number of votes that each owner has is proportional to his share in the right of common ownership of common property in this house (Article 48 of the LC RF).

The list of common property and the procedure for determining shares in the right of common ownership are established by Art. 36, 37 LCD RF.

The exact determination of the share in the right of common property is of exceptional importance, since on the basis of it the degree of participation of each particular owner in the management and disposal of common property is established and the amount of payment for the maintenance and repair of common property is calculated.

In accordance with paragraph 1 of Art. 48 of the Housing Code of the Russian Federation, voting at a general meeting of owners of premises is carried out by the owner both personally and through his representative. The power of attorney for voting must contain information about the represented owner of the premises in the relevant apartment building and his representative (name or title, place of residence or location, passport data) and must be drawn up in a simple written form and certified at the place of work, study, residence (in in accordance with the requirements of paragraphs 4, 5 of article 185 of the Civil Code of the Russian Federation).

Voting is carried out on each item on the agenda immediately after its discussion. Voting can be carried out in several ways: by a show of hands, through mandates or written decisions of the owners, which indicate the share in the common ownership of the common property and the number of votes that this owner has.

  • Summing up the voting results

At summarizing the results of absentee voting votes shall be counted on those issues on which the owner participating in the voting has left only one of options voting. Decisions drawn up in violation of this requirement shall be declared invalid and votes on them shall not be counted.
The decision of the owner may contain several questions, in this case, failure to comply with the requirement to leave only one answer option on one question does not invalidate decisions on other issues (clause 6, article 48 of the LC RF).

3. Registration of the decision of the general meeting

The decision of the general meeting - in person and in absentia - is drawn up in a protocol in the manner established by the general meeting of owners of premises in this house (clause 1, article 46 of the LC RF).

The protocol must be drawn up in writing, signed by the chairman and secretary, as well as members of the counting commission. The minutes must indicate the date and place of the general meeting of owners, the agenda, the quorum. The minutes must be drawn up no later than 10 days from the date of the general meeting.

Decisions made by the general meeting of owners of premises in an apartment building and the voting results are brought to the attention of the owners by posting an appropriate notice about this in the premises of this house, certain decision general meeting. Decisions are posted by the owner, on whose initiative such a meeting was convened, no later than ten days from the date of adoption of these decisions.

When holding a meeting in absentia, the minutes, as well as notices of the general meeting and the decisions of the owners, are stored at the place or at the address, which are also determined by the decision of this meeting (clause 4, article 46 of the LC RF). The minutes must indicate the date and place of summing up the results of absentee voting, the agenda, and the quorum.

4. Interaction of MKD councils with managing (servicing) organizations

Managing (servicing) organizations in accordance with management agreements (performance of works / performance of services):

Submit, at the request of the councils, chairmen of the councils, information on the costs of maintenance and current repairs of an apartment building and a land plot.

In agreement with the councils, the chairmen of the councils involve them in the preparation of proposals when developing plans for current repairs, energy saving measures in apartment buildings, improving the operation and safety of the housing stock.

In agreement with the councils, the chairmen of the councils ensure their participation in commission surveys of the housing stock, verification technical condition houses and engineering equipment, as well as routine inspections in order to prepare proposals for current and major repairs of houses.

In agreement with the councils, the chairmen of the councils ensure their participation in the acceptance of all types of work on the maintenance, repair of common property, including the acceptance of work to prepare the house for seasonal operation, with the right to sign in the acts of acceptance and delivery of work.

At the request of the councils, chairmen of the councils, they provide information on the established prices (tariffs) for services and work on the maintenance and repair of common property in apartment buildings, on the amount of payment in accordance with the established prices (tariffs), on the volume, list and quality of the services provided ( or) the work performed, the prices (tariffs) for the provided utility services and the amount of payment for these services.

In order to organize this interaction, it is advisable to consider the issue of concluding an agreement between the council of the house and the managing organization, an approximate form of the agreement is given in Appendix No. 4 to the methodological recommendations.

5. Interaction of MKD councils with local governments

In accordance with the current legislation, local governments, within their competence:

Provide assistance to councils in the preparation of general meetings of owners on issues related to the competence of the general meeting of owners. Provide information and consulting assistance to councils on management, maintenance and current repairs apartment buildings, provision of public services;

Together with managing (servicing) organizations, they assist councils in organizing their activities, consider proposals from councils of houses to improve the work of housing and communal services, the maintenance and safety of the housing stock, and appeals about non-fulfillment by managing organizations of obligations under contracts for managing apartment buildings;

Assist in raising the level of knowledge of council members through seminars, information meetings, etc.;

Monitor the choice of councils by the owners;

In agreement with the councils, they are involved in commission surveys of apartment buildings, meetings, meetings with an advisory vote on issues affecting the interests of residents of an apartment building;

At the request of the councils, chairmen of the councils, they provide information on the established prices (tariffs) for services and work on the maintenance and repair of common property in apartment buildings, on the amount of payment in accordance with the established prices (tariffs), on the volume, list and quality of the services provided ( or) the work performed, the prices (tariffs) for the provided utility services and the amount of payment for these services;

Provide, at the request of councils, chairmen of councils, information on municipal programs in the housing sector and in the field of public utilities, on regulatory legal acts regulating relations in this area necessary for the provision of public services, on compliance with the established parameters for the quality of goods and services of such organizations, on the status of settlements of utility service providers with persons engaged in production and sale resources necessary for the provision of public services, as well as with persons engaged in wastewater disposal, on the status of consumer settlements with utility service providers.

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The council of owners of residential and non-residential premises in an apartment building is an elected body. Owners of MKD premises take part in its creation. Issues related to the activities of this body are regulated by Article 161.1 Housing Code RF.

The owners of the premises in the MKD choose the council of the apartment building. Please note that this procedure is only required if there is no homeowners' association or housing cooperative.

In accordance with Part 1 of Article 44 of the Housing Code of the Russian Federation, an apartment building can have only one governing body, for an HOA or housing cooperative, this is a general meeting of homeowners, which is created to resolve important issues related to the management of the house.

The housing legislation of the Russian Federation does not give legal status to the council of MKD as a body that can manage the house. Moreover, housing legislation does not give the council of MKD the powers of the general meeting of homeowners, so they cannot make decisions that are related to the management of MKD.

The council of an apartment building cannot replace the work of the general meeting of homeowners. In accordance with Part 11 of Article 161.1 of the Housing Code of the Russian Federation, commissions of owners of residential and non-residential premises in an apartment building are advisory bodies for managing a building.

The council solves the following tasks in an apartment building:

  • prepares proposals on issues that are considered only by the meeting of homeowners;
  • controls the quality of implementation of the decision.

Before the general meeting, it is necessary to clearly work out all the issues that are planned to be considered at it, find information on these issues, analyze possible actions and find possible ways resolution of the situation, because without it it is difficult to make the best decision.

In practice, it has been proven that if there is no body in the MKD that takes an active position and is able to defend and represent the interests of the owners, there will be no close connection with the management company, and control over the execution of the contract by the Criminal Code will be ensured.

Attention! The council of the apartment building from meeting to meeting plays the role of intermediaries:

  • between owners of premises in MKD;
  • between tenants and the management company.

The chairman and members of the council of the house do not have power over the owners of the premises, and this must be understood by everyone. The purpose of the activity is to help make a decision and ensure control over its implementation.

The owners of the premises of an apartment building can prescribe a list of actions that are assigned to the council of the MKD. Moreover, this can be formalized with just one decision of an organizational nature.

To do this, at a general meeting of owners of MKD premises, a regulation on the council of an apartment building is approved, and it is worth remembering that it is impossible to increase the powers of the chairman or members of the MKD council, other than those specified in the Housing Code of the Russian Federation.

The council also has its own responsibilities, the main of which is to represent the interests of the owners of the premises before the management company.

Important! The Housing Code of the Russian Federation has been regulating the activities of the MKD Council since 2005, in accordance with Article 161 (clauses 5 and 8):

  • control the implementation of decisions made;
  • propose for discussion issues related to the use of the territory adjacent to the house and common house property;
  • propose for discussion issues related to the organization repair work and preparing the house for wintering;
  • propose methods of management and bring up for discussion issues related to the competence of council members;
  • provide a list of all the conditions that can be included in the contract with the Criminal Code;
  • control over the repair work and the timely provision of high-quality public services;
  • submit a report on the work performed annually at general meetings.

Drawing a conclusion, we can say that the council of the house should exercise control over the execution of the contract with the Criminal Code, as well as report to the owners of the premises on the current state of affairs and on the work done.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Who can be chairman

Initially, it can be said that being a chairman is very easy, and the position will not bring much trouble, but on the other hand, it will bring respect and experience. This is a delusion, because the chairman must not only have the qualities of a manager, but also know many things that are related to the maintenance of houses.

The duties of the chairman include monthly inspection of the roof, basements and attics, electrical wires, water supply, etc. If the chairman does not have necessary knowledge, and he will ignore the check of utility rooms and communications, an emergency may occur that will stop the supply of utilities to the owners of the premises.

And after the first such trouble, the council will immediately raise the issue of replacing the chairman at the general meeting, therefore, taking up this position, individual should have sufficient competence.

Please note! The housing legislation establishes that only the owner of the premises, and not his closest relative, can be the chairman of the council of an apartment building.

Therefore, it is worthwhile to carefully approach the choice of applicants for the chairman of the council of an apartment building.

Powers before signing the contract

The council of an association of homeowners or an apartment building is being introduced relatively recently. Such a structure began to be introduced with the adoption of the new Housing Code of the Russian Federation, and this was about ten years ago.

Issues by the council can only be resolved locally, and the chairman of the council of MKD acts as a trustee of the council and the owners of the premises. Upon deciding to sign an agreement with an organization providing home maintenance, the chairman has the authority to negotiate with representatives of the organization about the conditions for possible contractual relations.

After the negotiations, the chairman brings to the attention of the owners at the general meeting the results of his actions. If the result of the negotiations and the terms of the contractual relationship suit all homeowners, the chairman signs the contract, being a representative of the council.

To obtain this opportunity, the chairman receives a power of attorney on behalf of the owners of all premises in an apartment building.

Watch the video. What does the Chairman of the Council of the MKD:

Candidate Selection

When the council is assembled, it is worthwhile to immediately hold elections for the position of chairman and secretary of the council, and the deputy chairman can play the role of secretary. The meeting on this occasion is considered to have taken place if half of the members are present, which are residents of the premises who have reached To do this, you can use one of these methods:

  • personally invite everyone;
  • sending a letter to everyone is a very expensive way, but the most effective;
  • post ads in a public place.

Notice to tenants must be made one week before the time of the meeting.

Please note that the meeting must be attended by two-thirds of all homeowners in order for the meeting to be considered valid. At the meeting, a vote is taken, choosing from the proposed candidates.

ATTENTION! View the completed sample notice of the general meeting of homeowners:

And the members of the Board of Owners become candidates. If a candidate has a desire to get the position of chairman, then he needs to prepare his program and discuss it with the residents in order to get more votes in the elections. The candidate should remember that he will have to answer the questions asked by the tenants.

Please note that if none of the candidates received more than half of the votes, the vote is considered invalid. A vote will be taken again at the next meeting.

When the voting is considered to have taken place, and the winner is determined, a protocol is drawn up and sent to government agencies. After considering the protocol, the owner who won the vote will receive a document confirming his authority as the chairman of the apartment building (certificate). The election of the chairman is carried out by the decision of the general meeting of homeowners.

Powers after the conclusion of the agreement

When the chairman has a power of attorney in his hands, he can monitor the execution of the contract with the organization that provides home maintenance. Supervise work that is carried out with common property.

Upon completion of the work, the chairman of the council signs an act of acceptance of the work performed or fix a violation of the terms of the agreement by signing an act of violation of the standard and contractual relations. The same applies to the receipt of public services - if they are not provided or are provided, but do not correspond in quality, the chairman signs the act of violation.

If the management company does not provide services or provides, but the service does not meet the quality or is not provided in full, the chairman sends a complaint to a higher authority.

Attention! The power of attorney, which is transferred by the owners of the premises to the chairman, makes it possible to represent the interests of the council in the courts. The chairman, on behalf of the homeowners' association or the council of the MKD, decides on the management of the house and the quality provision of public services.

If there is a need, it is possible to expand the duties and rights of the head of the council by decision of the owners' meeting, which is approved only when the powers provided by the council do not contradict housing legislation.

The question may arise if the council of the house determines the new rights and duties of the chairman, how can this not be approved, because this is the decision of the owners. But it is worth remembering that the legislative act has higher power, and not the minutes of the meeting of homeowners.

Remember that the chairman is responsible for maintaining the common property of the HOA and the house. You can work part-time only if it is approved by the decision of the HOA management or the meeting of the council members at home.

The head of the council of the MKD is elected from the members of the council of this house itself. The chairman must perform all the functions that the council performs, therefore the duties of the head of the MKD council repeat the duties of the council.

Important! The duties of the chairman are:

  • negotiating with the management company on a draft management agreement residential building, the possibility of making changes to the conditions with which the owners of residential or non-residential premises do not agree;
  • presentation of a draft agreement with the management company at a general meeting of premises owners;
  • if the power of attorney establishes the authority of the head of the council to conclude a management contract, then he has the right to sign it on behalf of the owners of the premises;
  • monitoring the fulfillment of obligations under the contract with the management company and signing the act of acceptance of the work performed, which are carried out by the company;
  • the power of attorney also gives the right to represent the interests of homeowners in court in cases related to the management of MKD and the consumption of utilities.
Information leaflet "Free training in the course "Fundamentals of management of an apartment building""

Rules for the management of apartment buildings approved

MKD management

The management of an apartment building must ensure favorable and safe living conditions for citizens, the proper maintenance of common property in an apartment building, the resolution of issues related to the use of this property, as well as the provision of public services to citizens living in such a house.
The owners of premises in an apartment building are required to choose one of the ways to manage the apartment building:
1) direct management of the owners of premises in an apartment building;
2) management of an association of homeowners or a housing cooperative or other specialized consumer cooperative;
3) management of the managing organization.
The method of managing an apartment building is chosen at a general meeting of owners of premises in an apartment building and can be chosen and changed at any time based on its decision. The decision of the general meeting on the choice of management method is binding on all owners of premises in an apartment building.
When choosing managing organization a general meeting of owners of premises in an apartment building concludes a management contract with each owner of premises in such a building on the terms specified in the decision of this general meeting.
Under a multi-apartment building management agreement, one party (managing organization), on the instructions of the other party (owners of premises in an apartment building, management bodies of a homeowners association or management bodies of a housing cooperative or management bodies of another specialized consumer cooperative), undertakes to provide services for a fee within an agreed period of time and carry out work on the proper maintenance and repair of common property in such a house, provide utility services to the owners of premises in such a house and persons using premises in this house, carry out other activities aimed at achieving the goals of managing an apartment building.
The terms of the contract for the management of an apartment building are established the same for all owners of premises in an apartment building.
An apartment building management contract is concluded for a period of not less than one year and not more than five years. In the absence of a statement by one of the parties on the termination of the contract for the management of an apartment building at the end of its validity period, such an contract is considered extended for the same period and on the same conditions that were provided for by such an agreement.

General meeting of MKD owners

The general meeting of owners of premises in an apartment building is the governing body of the apartment building.
The owners of premises in an apartment building are required to hold an annual general meeting of owners of premises in an apartment building. The terms and procedure for holding the annual general meeting of owners of premises in an apartment building, as well as the procedure for notification of decisions taken by it, are established by the general meeting of owners of premises in an apartment building.
In addition to the annual general meeting, general meetings of owners of premises in an apartment building are extraordinary. An extraordinary general meeting of owners of premises in an apartment building may be convened at the initiative of any of these owners.
The General Meeting of Premises Owners is competent (has a quorum) if it was attended by the owners of premises in the given building or their representatives, who have more than fifty percent of the votes of the total number of votes. In the absence of a quorum for holding an annual general meeting of owners of premises in an apartment building, a repeated general meeting of owners of premises in an apartment building must be held.
The owner, on whose initiative a general meeting of owners of premises in an apartment building is convened, is obliged to inform the owners of premises in this building about such a meeting no later than ten days before the date of its holding. Within the specified period, a notice of holding a general meeting of owners of premises in an apartment building must be sent to each owner of premises in this house by registered mail, unless a decision of the general meeting of owners of premises in this house provides for another way to send this message in writing, or handed over to each owner of the premises. in this house against signature or placed in the premises of this house, determined by such a decision and available to all owners of premises in this house.
The notice of holding a general meeting of owners of premises in an apartment building must indicate:
1) information about the person on whose initiative this meeting is convened;
2) the form of holding this meeting (meeting or absentee voting);
3) the date, place, time of this meeting or, in the case of holding this meeting in the form of absentee voting, the deadline for accepting decisions of the owners on the issues put to the vote, and the place or address where such decisions should be submitted;
4) the agenda of this meeting;
5) the procedure for getting acquainted with the information and (or) materials that will be presented at this meeting, ■ and the place or address where they can be found.
The general meeting of owners of premises in an apartment building is not entitled to make decisions on issues not included in the agenda of this meeting.
Decisions made by the general meeting of owners of premises in an apartment building, as well as the voting results, are brought to the attention of the owners of premises in this house by the owner, on whose initiative such a meeting was convened, by posting an appropriate notice about this in the premises of this house, determined by the decision of the general meeting of owners of premises in this house and available to all owners of premises in this house, no later than ten days from the date of these decisions.
The decision of the general meeting of owners of premises in an apartment building, adopted in accordance with the procedure established by the Housing Code, on issues within the competence of such a meeting, is binding on all owners of premises in an apartment building, including those owners who did not participate in the vote.
If during the general meeting of owners of premises in an apartment building by the joint presence of owners of premises in this building to discuss agenda items and make decisions on issues put to a vote, such a general meeting did not have a quorum, then the decision of the general meeting of owners with the same agenda can be adopted by absentee voting (transfer to the place or address indicated in the notice of the general meeting of owners of premises in an apartment building, written decisions of the owners on issues put to the vote).

Payment for housing and utilities

The payment for residential premises and utilities for the tenant of residential premises occupied under a social tenancy agreement or a contract for the rental of residential premises of the state or municipal housing stock includes:
1) payment for the use of residential premises (rental payment);
2) payment for the maintenance and repair of residential premises, which includes payment for services and work on the management of an apartment building, maintenance and current repairs of common property in an apartment building. Capital repairs of common property in an apartment building are carried out at the expense of the owner of the housing stock;
3) payment for utilities.
2. Payment for housing and utilities for the owner of premises in an apartment building includes:
1) a fee for the maintenance and repair of a dwelling, which includes a fee for services and work on the management of an apartment building, maintenance, current and overhaul common property in an apartment building;
2) payment for utilities.
The payment for utility services includes payment for cold and hot water supply, sewerage, electricity supply, gas supply, heating.
Non-use by owners, tenants and other persons of the premises is not a reason for non-payment of payment for residential premises and utilities. In case of temporary absence of citizens, payment for certain types utility services, calculated on the basis of consumption standards, is carried out taking into account the recalculation of payments for the period of temporary absence of citizens in the manner approved by the Government of the Russian Federation.

Apartment building council

If an HOA has not been created in an apartment building or this house is not managed by a housing cooperative, LCD and the number of apartments in such a house is more than four, the owners of the premises in this house are obliged to elect the Council of the apartment building from among the owners at their general meeting.
If during the calendar year the decision to elect the Council of the apartment building by the owners of the premises in it is not made or the corresponding decision is not implemented, the authority within three months convenes a general meeting of the owners of the premises in the apartment building, the agenda of which includes questions on the election of the Council of the apartment building in this building at home, including the chairman of the Council of this house, or about the creation of an HOA in this house.
Registration of the Council of an apartment building in local governments or other bodies is not carried out.
An apartment building council cannot be elected for multiple apartment buildings.
The council of an apartment building is subject to re-election at a general meeting of owners of premises in an apartment building every two years, unless a different period is established by a decision of the general meeting of owners of premises in this building. In case of improper performance of its duties, the Council of an apartment building may be re-elected ahead of schedule by the general meeting of owners of premises in an apartment building.
In connection with the numerous appeals of the executive authorities of the constituent entities of the Russian Federation, local authorities, organizations that manage the housing stock, and citizens on the application of Article 161.1 of the Housing Code of the Russian Federation, the Ministry of Regional Development of Russia reports the following.
Federal Law No. 123-FZ of June 4, 2011 “On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” provides for a new institution of self-organization of owners of premises in apartment buildings - the council of an apartment building.
The council of an apartment building is an auxiliary tool designed to ensure the implementation of decisions of the general meeting of owners of premises in an apartment building, positioned as an additional way to exercise public control and express public opinion in the management of an apartment building. At the same time, the council of the house in no way replaces such a method of management as a homeowners association or a managing organization.
In accordance with Part 1 of Article 161.1 of the Housing Code of the Russian Federation, the council of an apartment building is subject to election by the general meeting of owners of premises in an apartment building from among the owners of the premises, if a homeowners association has not been established in such a house, or if this house is not managed by a housing cooperative or other specialized consumer cooperative and, at the same time, in this building there are more than four apartments.
Thus, the Housing Code of the Russian Federation provides for the need to elect the council of an apartment building when implementing the following management methods in such a house:
- management of the managing organization (the council of the house can represent the interests of the owners when concluding an agreement on the management of an apartment building);
- direct management (to control the conclusion of contracts for the performance of work and the provision of services for the maintenance of the house).
Part 2 of Article 161.1 of the Housing Code of the Russian Federation provides that in the event that the owners of premises in an apartment building do not make a decision to elect a house council during the calendar year, the local government within three months convenes a general meeting of owners of premises in an apartment building, the agenda of which includes questions about the election of a council of an apartment building in this building or the creation of an association of homeowners.
In this case, the local government body does not make a decision for the owners of premises in an apartment building, but only initiates a general meeting of owners of premises in an apartment building with the inclusion of the relevant issue on its agenda.

Main Functions of the Apartment Building Council

Ensuring the implementation of decisions of the general meeting of owners of premises in an apartment building
. Submission to the general meeting of owners of premises in an apartment building as questions for discussing proposals on the procedure for using common property in an apartment building, including land plot on which this house is located, on the procedure for planning and organizing work on the maintenance and repair of common property in an apartment building, on the procedure for discussing draft agreements concluded by the owners of premises in this house in relation to common property in this house and the provision of public services, etc.
. Presentation to the owners of premises in an apartment building of proposals on planning the management of an apartment building, organization of such management, maintenance and repair of common property in this building
. Presentation to the owners of premises in an apartment building before consideration at a general meeting of owners of premises in this house of their conclusion on the terms of draft contracts proposed for consideration at this general meeting
. Monitoring the provision of services and (or) the performance of work on the management of an apartment building, the maintenance and repair of common property in an apartment building, the quality of public services provided to owners of residential and non-residential premises in an apartment building and users of such premises, including premises that are part of common property in this house
. Submission for approval of the annual general meeting of owners of premises in an apartment building a report on the work done

The Chairman of the Council of the apartment building is elected from among the members of the Council of the apartment building at the general meeting of the owners of the premises and is accountable to the general meeting of the owners of the premises in the apartment building.

Functions of the Chairman of the Council of an apartment building

Prior to the adoption by the general meeting of owners of premises in an apartment building of a decision to conclude an agreement on the management of an apartment building, the right to enter into negotiations with the managing organization regarding the terms of this agreement
. Brings to the attention of the general meeting of owners of premises in the house the results of negotiations with the managing organization
. On the basis of a power of attorney issued by the owners of premises in an apartment building, concludes an agreement on the management of an apartment building or contracts for the provision of services/works for the maintenance and repair of common property and contracts for cold and hot water supply, sanitation, electricity, heating
. Carries out control over the fulfillment of obligations under concluded contracts for the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building
. Signs acts for the provision of services and (or) the performance of work on the maintenance and current repair of common property in an apartment building, the provision of public services, sends appeals to local governments about the failure of the managing organization to fulfill its obligations
. On the basis of a power of attorney issued by the owners of premises in an apartment building, acts in court as a representative of the owners of premises in this building in cases related to the management of this building and the provision of public services

Approved

decision of the general meeting owners

premises in an apartment building,

located at the address: Moscow,

st. ___________________, d.___ bldg. ___

dated "____" ___________ 20__ No. _______


Approximate Regulation

about the Apartment Building Council

1. General Provisions

1.1. The Council of an apartment building, hereinafter referred to as the Council, was established by decision of the general meeting of owners of premises in an apartment building (minutes dated "___" ___________ 20___ No. ___), located at the address: Moscow, st. __________________, d. ___, bldg. ______ (hereinafter referred to as the Apartment Building), in accordance with Art. 161.1 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation).

1.2. The council is elected from among the owners of the premises in apartment building .

1.3. Council cannot be elected in relation to several apartment buildings.

1.4. The Council in its activities is guided by the Constitution of the Russian Federation, the Housing Code of the Russian Federation, other legislative and regulatory legal acts Russian Federation and the city of Moscow, these Regulations.

1.5. The Council interacts with the organization that manages the apartment building (hereinafter referred to as the managing organization), housing associations of citizens of various organizational and legal forms, the district administration, the municipality municipality, prefecture administrative district of the City of Moscow, the Department of Housing and Communal Services and City Improvement of the City of Moscow, and other executive authorities of the City of Moscow.

1.6. Registration of the Council in local governments or other bodies is not carried out.

2. Purposes of the Council

The Council was created to achieve the following goals:

2.1. Ensuring the implementation of decisions of the general meeting of owners of premises in an apartment building.

2.2. Development of proposals on planning the management of an apartment building, organization of such management, maintenance and repair of common property in this building.

2.3. Implementationcontrol over the provision of services and (or) performance of work on the management of the Apartment Building, the maintenance and repair of common property in the Apartment Building and the quality of utility services provided to owners of residential and non-residential premises in the Apartment Building and users of such premises, including premises that are part of common property in the house.

3. Powers of the Council

The Council is vested with the following powers:

3.1. Ensuring the implementation of decisions of the general meeting of owners of premises in an apartment building.

3.2. Rendering at a general meeting of owners of premises in an apartment building as questions for discussing proposals:

On the procedure for using common property in an apartment building, including the land plot on which it is located;

On the procedure for planning and organizing work on the maintenance and repair of common property in an apartment building;

On the procedure for discussing draft agreements concluded by the owners of premises in relation to the common property of the owners of premises in an apartment building and the provision of public services;

On matters within the competence of the Council;

On issues of elected commissions from among the owners of premises in an apartment building;

On other issues, the adoption of decisions on which does not contradict the Housing Code of the Russian Federation.

3.3. Submission of proposals to the owners of premises in the Apartment Building on the planning of the management of the Apartment Building, the organization of such management, the maintenance and repair of common property.

3.4. Submission to the owners of the premises of their conclusions on the terms of the draft contracts proposed for consideration at general meetings (before the consideration of draft contracts at general meetings in an apartment building).

In the event that a commission for the evaluation of draft contracts is elected in the Apartment Building, the said conclusion is submitted by the Council together with such a commission.

3.5. Monitoring the provision of services and (or) the performance of work on the management of an apartment building, the maintenance and repair of common property and the quality of public services provided to owners of residential and non-residential premises and users of such premises, including premises that are part of common property.

3.6. Submission for approval of the annual general meeting of owners of premises in an apartment building of a report on the work done.

3.7. Conducting information work with the owners of premises in the Apartment Building in the manner prescribed by the general meeting of owners of premises in the Apartment Building, on the following issues:

Holding general meetings of owners of premises, held at the initiative of the Council;

Conducting information meetings with the owners of the premises;

Interaction with owners of residential and non-residential premises and users of such premises in an apartment building;

Timely provision (updating) by the managing organization (if any) of information on the activities of managing the Apartment Building.

3.8. Conducting surveys (by questionnaire or other method) for:

Evaluation of the quality of work of the managing organization in order to improve contractual relations;

Preparation of the work plan of the Council, taking into account comments, suggestions and identifying problematic issues in the management of the apartment building.

4. Chairman of the Council

The Chairman of the Council is elected from among the members of the Council at the general meeting of the owners of the premises in the Apartment Building.

The Chairman of the Council manages the current activities of the Council and is accountable to the general meeting of owners of premises in the Apartment Building.

As part of the exercise of his powers, the Chairman of the Council:

4.1. Prior to the adoption by the general meeting of owners of premises in the Apartment Building of a decision to conclude an agreement on the management of the Apartment Building, the right to enter into negotiations regarding the terms of the said agreement. (In case of direct management of an apartment building, the owners of premises in this building have the right to enter into negotiations regarding the terms of the contracts specified in parts 1 and 2 of Article 164 of the Housing Code of the Russian Federation).

4.2. Brings to the attention of the general meeting of owners of premises in an apartment building the results of negotiations on the issues specified in clause 4.1 of this Regulation.

4.3. Concludes a management agreement for the Apartment Building (or agreements specified in parts 1 and 2 of Article 164 of the Housing Code of the Russian Federation) on the terms specified in the decision of the general meeting of owners of premises in the Apartment Building, on the basis of powers of attorney issued by the owners of premises in the Apartment Building.

Under the contract for the management of an apartment building, all owners of premises in an apartment building acquire rights and become obligated, having granted the Chairman of the Council the powers certified by such powers of attorney. The owners of premises in an apartment building have the right to demand a copy of this agreement from the managing organization. (In the case of direct management of an apartment building by the owners of premises in this house, the owners of premises in such a house have the right to demand copies of contracts concluded with persons providing services and (or) performing work on the maintenance and repair of common property in this house, from these persons).

4.4. Monitors the fulfillment of obligations under contracts concluded on the basis of powers of attorney issued by the owners of premises in the Apartment Building, contracts for the provision of services and (or) performance of work on the maintenance and repair of common property in the Apartment Building, signs acts:

Acceptance of services rendered and (or) work performed for the maintenance and current repair of common property in an apartment building;

On violation of quality standards or frequency of services and (or) performance of work on the maintenance and repair of common property in an apartment building;

About non-provision of public services or provision of public services of inadequate quality.

4.5. Submits appeals to local authorities on non-fulfillment by the managing organization of the obligations stipulated by part.2 Article 162 of the Housing Code of the Russian Federation for the purpose of conducting an audit of the activities of the managing organization, provided for in Part 1.1 of Article 165 Housing Code of the Russian Federation.

4.6. Appears in court as a representative of the owners of premises in the Apartment Building in cases related to the management of this building and the provision of public services on the basis of a power of attorney issued by the owners of premises in the Apartment Building.

4.7. Sends information to the district council and the prefecture of the administrative district of the city of Moscow, other executive authorities of the city of Moscow on the election of the Council in the Apartment Building.

4.8. Appeals to the district council, the prefecture of the administrative district, other executive authorities of the city of Moscow, as well as the organization managing the apartment building and other organizations, on issues within the competence of the Council.

5. Procedure for the formation of the Council

5.1. WITH The owners of the premises in the Apartment Building at their general meeting are obliged to elect the Council in the event of:

- if a housing association has not been established in this house or if this house is not managed by a housing cooperative or other specialized consumer cooperative;

- moreover, there are more than four apartments in this building.

5.2. Members of the Council and its chairman are elected at a general meeting of owners of premises in an apartment building.

5.3. The number of members of the Council is established at a general meeting of owners of premises in an apartment building, taking into account the number of entrances, floors, apartments in the house, unless otherwise established by a decision of the general meeting.

5.4. The Council is valid from the date of the decision at the general meeting of owners of premises in the Apartment Building on the election of the Council until re-election or the expiration of the period set at the general meeting.

5.5. Unless a different period is established by a decision of the general meeting of the owners of the premises, the Council is subject to re-election at the general meeting of the owners of the premises in the Apartment Building every two years..

5.6. The Council may be re-elected ahead of schedule at a general meeting of owners of premises in an apartment building in case of improper performance of its duties..

5.7. If a decision is made at a general meeting of owners of premises in an apartment building to establish an association of homeowners, the Council actsbefore the election of the board of the homeowners' association.

6. Commissions of owners of premises

6.1. To prepare proposals for specific issues associated with the management of the Apartment Building, commissions of owners of premises in the building, which are collegial advisory management bodies of the Apartment Building, may be elected..

6.2. Commissions of owners of premises in the Apartment Building are elected by decision of the general meeting of owners of premises in the Apartment Building or by decision of the Council.

6.3. Unless otherwise established by the decision of the general meeting of owners of premises in the Apartment Building, the Council makes decisions on issues of its competence related to the management of the Apartment Building, taking into account the opinion of the owners' commissions created to prepare proposals on such issues.

7. Organization of office work of the Council

The Council shall store the documentation related to its activities:

Registration sheets for the delivery (sending by registered mail) of notices of a general meeting of owners of premises in an apartment building;

Registration sheets for the delivery of forms of decisions of the owners of premises in an apartment building for voting (in the case of a general meeting in the form of absentee voting);

Forms of voting (decisions of the owner) filled in by the owners for the absentee form of decision-making;

Schemes for the distribution of shares of owners of premises in an apartment building in the right of common ownership of common property in such a house as of the date of the general meeting;

Minutes of decisions of the general meeting of owners of premises in the Apartment Building on the choice of the Council and its members, the method of managing the Apartment Building, commissions of owners, on other issues within the competence of the Council;

Powers of attorney of representatives of the owners of premises in the Apartment Building for the right to vote at the general meeting of such owners;

Regulations on the Council;

Minutes of Council meetings;

Journal of registration of minutes of the meetings of the Council;

Powers of attorney issued to the Chairman of the Council by the owners of premises in an apartment building for conclusion contracts for the management of an apartment building (or contracts specified in parts 1 and 2 of article 164 of the Housing Code of the Russian Federation);

Contracts for the management of an apartment building,

Treaties specified in parts 1 and 2 of Art. 164 of the Housing Code of the Russian Federation, concluded on the basis of powers of attorney issued by the owners of the premises in the Apartment Building;

Acts, listed in clause 4.4. of this Regulation;

- powers of attorney (or copies thereof) issued to the Chairman of the Council by the owners of premises in the Apartment Building for representation in court in cases related to the management of this building and the provision of public services;

Book of registration of appeals to the Council of Residents of the Apartment Building;

Correspondence on the activities of the Council and the management of the apartment building.

8. Making changes and additions in the Regulations on the Council

Amendments and additions to the Regulations on the Council are carried out on the basis of a decision of the general meeting of owners of premises in an apartment building.