Notice of holding a meeting of owners of the premises of an apartment building. Homeowners Meeting Notice

The message or notice of the meeting of homeowners has the content and delivery procedure regulated by the Housing Code of the Russian Federation. We will talk about them in this article, because at present it implies the independent solution of many important issues by the tenants.

The general meeting of homeowners can be held, both at the initiative of the management company, the board of the HOA, the cooperative, and at the initiative of one or more homeowners. Article 45 of the Housing Code of the Russian Federation establishes the obligation to conduct it at least annually.

An example of a homeowners meeting notice

Karnaukhova Irina Ivanovna

423572, Republic of Tatarstan,

Nizhnekamsk, st. 40 years of Victory, 22-14

Notification

on holding a general meeting of owners

housing in an apartment building

Dear property owner!

July 30, 2017 years in 17 hour. 30 min. (local time) in the assembly hall of the TGKM "Crystal", located at the address Nizhnekamsk, st. Prigorodnaya, 34, a general meeting of the owners of residential premises of an apartment building No. 22 on 40 Years of Pobeda Street in Nizhnekamsk will be held, in the form of the joint presence of such owners to resolve the issues indicated on the agenda.

The initiator of the general meeting of homeowners is the owner of apartment No. 48 in house No. 22 Prilunova Margarita Ivanovna.

In accordance with the Housing Code of the Russian Federation, the owners of premises in an apartment building make decisions related to the management of such a house at a general meeting of these owners by voting. Voting can be done in person or through a representative. The representative of the owner of premises in an apartment building at the Meeting acts in accordance with the powers based on the instructions of federal laws, acts of authorized state bodies or acts of local governments or a written power of attorney for voting, certified by a notary.

To participate in the Meeting and vote, the owners of the premises must have a passport and a document confirming the ownership of the premises or a copy thereof, representatives of the owners of the premises must have a passport and a power of attorney to participate in voting or a copy of the order to appoint the head of the legal entity. Beginning of registration of participants in the Meeting from 17 o'clock 00 min., Owners and their representatives must register no later than 10 minutes before the start of the Meeting.

Agenda of the general meeting of owners of premises:

  1. Procedural issues (election of the chairman, secretary of the meeting, members of the counting commission)
  2. Report on the work of the management company for the first half of 2017
  3. On termination of the contract with the management company
  4. On the choice of a management company and the main conditions for concluding an agreement with a newly elected management company.

You can preview the draft report and other documents that will be considered at the meeting at the booth of house No. 22 (first entrance), on the day of the meeting at the venue from 16:00 to 00 min.

We remind you that the decision of the general meeting, adopted in accordance with the procedure established by the Housing Code of the Russian Federation, is binding on all owners of premises in an apartment building, including those who, regardless of the reasons, did not take part in the vote (part 5 of article 46 of the Housing Code of the Russian Federation ).

Sincerely, Homeowner

Prilunova Margarita Ivanovna

How to initiate a general meeting of homeowners

Before a notice can be drawn up, a general meeting must be initiated. This can be done:

  • an initiative group of homeowners or any of them independently
  • the board of the HOA, if it is created in the house
  • managing organization, but only on issues within the competence of the general meeting (Article 44 of the LC RF)
  • management organization, HOA, housing cooperative, housing construction or other specialized consumer cooperative upon written request of owners who have at least 10% of the total number of votes of owners of premises in an apartment building.

The meeting itself is held in the form of in-person (joint presence), absentee or part-time voting. It is considered eligible if it was attended by owners with more than 50% of the total number of votes.

Contents of the Homeowners Meeting Notice

Not later than 10 days before the date of the event, a notification is drawn up. In free form, in writing. But it must contain the following information:

  • who is initiating
  • form (full-time, part-time or part-time), date, place and time of the event
  • agenda
  • procedure for familiarization with materials on issues included in the agenda

If the general meeting of homeowners is held in the form, then the notice must indicate the end date for making decisions and where to send them.

How to Serve a Homeowners Meeting Notice

The law provides for several ways of serving notices of a meeting:

  • send by registered mail (with )
  • place in a public area of ​​an apartment building
  • hand over to each personally with a mark of receipt

By decision of the general meeting of owners of premises in the house, another method of sending a notification may be provided.

Violation of the rules for compiling and serving a notice of a meeting of homeowners often becomes the basis for filing, adopted by such a house management body.

The general meeting of owners is a common thing for managing organizations and owners of premises. However, mistakes are often made during the meetings of the Criminal Code, which can lead to litigation and the invalidation of the decisions of such meetings.

Today we will tell you what you need to know to avoid these mistakes.

Violation of the procedure for notification of an upcoming meeting

The first step to holding a general meeting of owners is to notify the owners of the upcoming event. The initiator must notify all owners of the premises in the MKD of the holding of the meeting no later than 10 days before it starts (part 4 of article 45 of the LC RF).

The main mistake of meeting initiators is the choice of notification method. The most popular way to inform owners about an upcoming meeting is to place a notice on information boards or on the entrance doors of MKDs.

  • information about the person participating in the vote;
  • details of the document confirming the ownership of the premises of the person participating in the vote;
  • decisions on each issue on the agenda, expressed as “for”, “against”, “abstained”.

If the owner did not mark any position in any of the agenda items, or vice versa, put a few checkmarks in it, such an issue in this decision should be recognized as invalid and not taken into account when summing up the results of the meeting (part 6 of article 48 of the LC RF ).

Wrong vote count

If one person or legal entity owns several premises in an MKD, he can vote only once. At the same time, the ballot shall indicate the total area of ​​the premises that belong to such a person.

Incorrectly executed powers of attorney

When the owner does not have the opportunity to take part in the voting, his representative by proxy can vote for him. Before allowing a representative to participate in the OSS, make sure that the power of attorney is executed correctly and contains information about the owner and his representative:

  • surname, name, patronymic - for individuals, full name - for legal entities;
  • place of residence or location;
  • passport documents or details of constituent documents.

The power of attorney for voting must be issued in accordance with paragraphs 3 and 4 of Art. 185.1 of the Civil Code of the Russian Federation or certified by a notary. According to paragraphs 3 and 4 of Art. 185.1 of the Civil Code of the Russian Federation, a power of attorney does not need to be notarized if the document:

  • assured by the organization in which the principal works or studies;
  • issued by the administration of the inpatient medical institution in which the principal is undergoing treatment.

Error in meeting form selection

The forms of holding general meetings of owners are listed in Art. 44.1 LC RF. There are three of them: full-time, part-time and part-time.

It happens that the initiator in the notification indicates that the meeting will be face-to-face. Few owners come to the meeting, the quorum is not reached. Then the initiator decides to hold the correspondence part. At the same time, he does not notify the owners of the absentee part and draws up one protocol for both parts. This is the wrong approach. If the announced in-person meeting did not take place, a separate absentee meeting can be held. At the same time, the owners must be notified about it and a separate protocol must be drawn up (part 1 of article 47 of the LC RF).

The advantage of the part-time form is that some of the owners will be able to discuss the problems with the initiator in person, and in the part-time part you will get the missing votes. With this form of meeting of owners, it will not be necessary to notify each part separately and only one protocol will have to be drawn up.

Outdated information about the ownership of the premises

Make sure that the register of owners of premises reflects up-to-date information. Owners do not always provide the management organization with up-to-date data on the change of owners of real estate objects, on changes in the areas of premises.

In order for the data to be correct, contact Rosreestr for extracts, which stores up-to-date information about the owners of premises in the MKD. Then you won't have any problems counting the votes.

Violation of the procedure for transferring documents to the GZhI

Holding meetings with a similar agenda

When owners are dissatisfied with the decision of the meeting, they decide to hold a new one on similar issues as quickly as possible in order to change the previous one. The management company does not oppose this. But this can lead to negative consequences for the MA.

If, within three months, the GZhI receives two or more minutes of meetings of one MKD containing decisions on similar issues on the agenda, the GZhN body is obliged to conduct an unscheduled inspection in order to establish the fact of compliance with the requirements of the law when organizing, holding and formalizing the results of such a meeting.

Changing the agenda

It happens that during the meeting, an issue appears that the owners want to discuss, and it is additionally included in the agenda. It is forbidden to do so, according to Part 2 of Art. 46 LCD RF. During the meeting, it is not allowed to make decisions on issues not included in the agenda, as well as change the agenda of the meeting.

If the issues that come up during the meeting are important, write them down and put them on the agenda for the next meeting.

Meeting quorum violation

Another difficulty in holding a meeting is to figure out how many votes a particular decision is taken at the meeting.

The general meeting of owners of premises in the MKD is considered legitimate if more than 50% of the owners of the premises in the MKD attended it. But 50% of the votes do not provide a quorum for all issues submitted to the OSS.

The Housing Code of the Russian Federation divides the issues according to the degree of importance. The issues of choosing the chairman, secretary and counting commission of the meeting, the method of management and the Council of the MKD are decided by 50% of all votes that took part in the voting.

The method of forming the overhaul fund is chosen by 50% of the number of votes of all owners of premises in the MKD (clause 1.1, part 2, article 44 of the LC RF).

Other issues are decided by a qualified number of votes - this is ⅔ of the number of votes of all owners of premises in the MKD. One of these questions is about the use of the overhaul fund in MKD (part 1, article 46 of the LC RF).

The absolute majority (100%) resolves only issues related to reducing the area of ​​the common property of an apartment building.

In order for the initiator to be sure that the meeting is held in accordance with all the rules, he must be guided by Art. 44 - 48 of the LCD of the Russian Federation, which indicate the main nuances of the OSS.

Prepare and hold a successful general meeting of owners of premises in MKD using the service. The service helps to draw up the documents necessary for the meeting in accordance with order No. 937 / pr, form the agenda, count the votes and prepare the minutes of the OSS.

HOW TO MAKE DOCUMENTS FOR THE MEETING OF OWNERS OF PREMISES BY CHOOSING THE MANAGEMENT METHOD OF AN APARTMENT RESIDENTIAL BUILDING

SAMPLE

ANNOUNCEMENTS AND/OR NOTIFICATIONS OF A MEETING

OWNERS OF PREMISES

APARTMENT BUILDING

Dear owners!

(e.g., lane, square, etc.)………………………… will take place…(number) …. (month) 201…. year in ………. hours in... (The name of a room) (e.g., lane, square, etc.)…………………………, d. ….. .

Agenda:

The owners of ALL residential and non-residential premises of the house MUST PARTICIPATE in the meeting upon presentation of a passport. Representatives of the owners must have powers of attorney issued in accordance with the requirements of the law. The meeting materials available to the members of the initiative group can be found ………………………. (where and when)………………………… .

1. …. (FULL NAME)(signature)

2. …. (FULL NAME)..... the owner of living space in sq. No....(signature), etc.

Note: If the apartment is closed and no one lives in it, then this notice must be sent by registered mail.

SAMPLE

MEETING NOTIFICATIONS

OWNERS OF PREMISES

APARTMENT BUILDING

if the owner does not live in the apartment,

cannot be notified against signature,

but tenants live in the apartment

2 copies

Dear ……(FULL NAME) ……………………!

General meeting of the owners of the premises of our multi-apartment residential building No. ... .. along the street(e.g., lane, square, etc.)………………………… will take place…(number) …. (month) 201…. year in ………. hours in... (The name of a room)…. at the address Semikarakorsk, street(e.g., lane, square, etc.)…………………………, d. ….. .

Agenda:

1. "Choosing how to manage our multi-apartment residential building",

3. "Choosing the location of information materials in our apartment building",

4. "Choosing a place to store decisions of the general meeting of our multi-apartment residential building."

(where and when)………………………… .

The initiators of the meeting are:

1. …. (FULL NAME)..... the owner of living space in sq. No....(signature)

2. …. (FULL NAME)..... the owner of living space in sq. No....(signature)

Notice for transfer ………………….. (FULL NAME)…………… received living in the apartment gr. ……..(FULL NAME)……………….. (signature, date)

Note: One copy of this notice is given to the tenant. The second copy with the signature of the recipient remains with the initiative group and is attached to A SIGNATURE SHEET certifying the delivery of notices of the meeting to the owners.

SAMPLE

APARTMENT BUILDING

POWER OF ATTORNEY

Semikarakorsk "____" _____________ 201__

in ______________

(e.g., lane, square, etc.) __________________________________ in the city of ______________ on the choice of the method of managing this residential building to a citizen _____________ (FULL NAME)________________________________________

Note:

1. The power of attorney can be certified in the house management, at the place of work, in a medical institution when the owner is on inpatient treatment. The power of attorney can also be notarized.

2. The power of attorney is attached to the registration sheet of the meeting.

.

SAMPLE

power of attorney of the owner to his representative to participate in

MEETINGS OF OWNERS OF PREMISES

APARTMENT RESIDENTIAL BUILDING AND SELECTION

A SPECIFIC WAY TO MANAGE THE HOUSE

POWER OF ATTORNEY

City of Semikarakorsk "____" _____________ 201__

I, the undersigned owner of residential area ________ sq. m in apartment No. __________ of house No. _________ on the street (e.g., lane, square, etc.) __________________________________ in ______________

passport _____________________ No. _______________________ issued on "_______" _________________ __________ year ______ (name of the authority that issued the passport) ___________ I trust to participate in the meeting of the owners of residential premises in the house No. _________ on the street (e.g., lane, square, etc.) __________________________________ in the city of ______________ on the choice of the method of managing this residential building in the form of __________________________________________________________ to a citizen _____________ (FULL NAME)______________________________ upon presentation of a passport ________ No. ____________________ issued by "_______" _________________ __________ year ______ (name of the authority that issued the passport) ___________ .

Signature gr. ___________________________________ I assure you.

Name of the organization, full name of the official, signature, seal.

Note:

1. The power of attorney can be certified at the place of work, in a medical institution when the owner is in hospital. The power of attorney can also be notarized.

2. The power of attorney is attached to the registration sheet of the meeting.

3. The representative of the municipality, as the owner of residential and non-residential premises in your house, must have an appropriate power of attorney from the owner to participate in the meeting, just like a representative of any other owner. Without a power of attorney, he cannot participate in the meeting and cannot vote.

SAMPLE

signature sheet certifying receipt by the owners

SUBSCRIPTION LIST,

certifying delivery to owners

meeting notices

General meeting of the owners of the premises of our multi-apartment residential building No. ... .. along the street(e.g., lane, square, etc.)………………………… will take place…(number) …. (month) 201…. year in ………. hours in... (The name of a room)…. at the address Semikarakorsk, street(e.g., lane, square, etc.)…………………………, d. ….. .

Agenda:

1. "Choosing how to manage our multi-apartment residential building",

3. "Choosing the location of information materials in our apartment building",

4. "Choosing a place to store decisions of the general meeting of our multi-apartment residential building."

You MUST PARTICIPATE in the meeting upon presentation of your passport. Your representative must have a power of attorney issued in accordance with the requirements of the law. The meeting materials available to the members of the initiative group can be found ………………………. (where and when)………………………… .

The initiators of the meeting are:

1. …. (FULL NAME)..... the owner of living space in sq. No....(signature)

2. …. (FULL NAME)..... the owner of living space in sq. No....(signature)

The notice of the meeting was received by:

apartment number

owner

Area owned

owner

Note

Note: The signature sheet is attached to the minutes of the meeting.

SAMPLE

REGISTRATION STATEMENT

MEETINGS OF OWNERS OF PREMISES

APARTMENT BUILDING

REGISTRATION STATEMENT

meetings of the owners of the premises

house number ____ on the street. ________________________ Semikarakorsk

Meeting start date "_____" _________________ 200__

End date of the meeting "_____" _________________ 200__

apartment number

owner

Area owned

Share in the total ownership of the house in%

Meeting attendance mark

Note

Signatures of members of the registration group:

1. ___________________ (full name) _________ _______ (signature) __________

2. ___________________ (full name) _________ _______ (signature) __________

3. ___________________ (full name) _________ _______ (signature) __________

Note:

2. Powers of attorney of the representatives of the owners are attached to the registration sheet

3. The registration sheet is attached to the minutes of the meeting.

SAMPLE PROTOCOLMEETINGSOWNERS

APARTMENT BUILDING

BY CHOOSING THE MANAGEMENT METHOD OF THE HOUSE

PROTOCOL

general meeting of owners of premises in an apartment building No. _______ on the street. __________________ Semikarakorsk

"____" _______________ 200___

General meeting of owners of premises in an apartment building No. _______ on the street. __________________ was convened at the initiative of the owners of the living space:

1. ______________(Full name

2. ______________(Full name)_____________________, apartment No. _________,

3. ______________(Full name)_____________________, apartment No. _________.

Present:

1. Owners of residential premises in the amount of ___ __________________ Human,

2. Representatives of the owners of residential premises in the amount _______ a person who has powers of attorney from the owners,

3. Owners of non-residential premises in the amount __________________ Human,

4. Representatives of the owners of non-residential premises in the amount _____ Human.

Determining the eligibility of the general meeting:

The total area of ​​the house (without common areas) is _______________ square meters.

The meeting is attended by owners and representatives of owners who own ___________ square meters of area, which is _____________ % of the total area of ​​the house.

In accordance with paragraph 3 of Art. 45 of the Housing Code of the Russian Federation this meeting of owners eligible.

Election of chairman and secretary of the meeting:

Chairman of meeting __________________________________________________.

Secretary of the meeting _____________________________________________________.

Meeting agenda:

1. Choice of home control method,

3. Choosing a location for information materials,

4. Choice of the place of storage of decisions of the general meeting.

For the first and second questions:

LISTENED: Full name

He suggested considering the first and second questions jointly and said that the Housing Code of the Russian Federation provides for 3 ways to manage an apartment building: through a management company, by creating an association of homeowners and by directly managing the owners of an apartment building.

The first method of management through a management company is divided into 2 ways: management through the municipal unitary enterprise "Directorate of a single customer" or management through a private management company.

Option 1.

In order to figure out which method can and should be chosen, people were invited to the meeting who know in practice what these methods are, what each of them is good for and what difficulties are encountered with one or another method of management.

LISTENED: Representative of the City Administration ______________( Full name)__________________.

LISTENED: Chairman of the initiative group for the direct management of the house by its owners ______________( Full name)__________________.

and/or

Representative of the house, where the method of direct management of the house by its owners has already been chosen ______________( Full name)__________________.

LISTENED: Representative of the private management company "ХХХХ" ______________( Full name)__________________,

LISTENED: Representative of the private management company "ChChCh" ______________( Full name)__________________,

LISTENED: Chairman of the initiative group for the creation of a homeowners association ______________( Full name)__________________

and/or

A representative of a house where a homeowners association has already been selected ______________( Full name)__________________.

Option 2.

The speaker spoke about the advantages and disadvantages of all methods of managing apartment buildings, provided for in paragraph 1 of Art. 161 of the Housing Code of the Russian Federation.

Protocol continuation.

PERFORMED:

1. ______________(Full name

2. ______________(Full name)__________________, owner of apartment No. _____,

3. ______________(Full name)__________________, owner of apartment No. _____,

4. ______________(Full name)__________________, owner of apartment No. _____,

LISTENED: Chairman of the initiative group for choosing a way to manage the house, ______________ ( Full name)__________________, owner of apartment No. _______.

He explained: in order to make a decision on how to manage the house, it is necessary to resolve the second issue on the agenda - the form of voting. There are two options:

The initiative group made a proposal - to conduct absentee voting as follows.

At the end of the meeting, all participants in the meeting - owners of apartments in the counting commission will receive ballots for voting. The ballots contain all the data necessary for voting. Within two weeks - within the period specified in the bulletin - the owners must choose the method of managing the house, mark the chosen method in the bulletin, sign and bring the bulletin to the place indicated on it.

We will not meet again. The voting results will be calculated by the counting commission. Voting results will be posted in the places designated today.

DECIDED:

2. Set the date of issue of ballot papers from today to "____" _________________ 201 ____,

3. Set the end date for the receipt of ballots "____" ___________ 201 ____.

4. Set the address for issuing and receiving ballots ______________ ________________________________________________.

5. The counting commission and the initiative group shall inform the owners of the decision made within _______ days from the end of voting by posting a notice in the places established by this meeting.

"BEHIND" __________,

"AGAINST" ___________,

ABSTAINED ______________ .

"BEHIND" __________,

"AGAINST" ___________,

ABSTAINED ______________ .

7. To elect to the composition of the counting commission for conducting absentee voting on the choice of the method of managing the house:

1. ______________(Full name

2. ______________(Full name)__________________, owner of apartment No. _______,

3. ______________(Full name)__________________, owner of apartment No. _______.

"BEHIND" __________,

"AGAINST" ___________,

ABSTAINED ______________ .

8. Choose a way to manage a multi-apartment residential building No. _______ on the street. __________________ g. _____________ _________________ (name of the chosen control method) ___________________.

RESULTS OF THE PUBLIC MEETING ON THE CHOICE OF THE MANAGEMENT METHOD OF THE HOUSE:

1. homeowners association,

2. management of the management company "ChChChCh",

3. management of the management company "ХХХХ",

4. direct management of the owners of their home,

House control method

"FOR" HOUSING OWNERS' ASSOCIATION

"FOR" MANAGEMENT OF THE MANAGEMENT COMPANY "ХХХХ"

"FOR" MANAGEMENT OF THE MANAGEMENT COMPANY "CHCHCHCH"

"FOR" DIRECT MANAGEMENT OF THE OWNERS OF THEIR HOME

Thus, according to the voting results, the owners of ________ sq. meters of the total area of ​​the house, which is _____________% of the number of those participating in the vote and _____________% of the total area of ​​the house, they chose the way to manage the multi-apartment residential building No. _______ on the street. __________________ g. _____________ _________________ (name of the chosen control method) ___________________.

For the third question:

LISTENED: Full name)__________________, owner of apartment No. _______.

He proposed to place information materials on information stands on the first floors of each entrance.

DECIDED: place informational materials on information stands on the first floors of each entrance.

"BEHIND" __________,

"AGAINST" ___________,

ABSTAINED ______________ .

For the fourth question:

LISTENED: Member of the initiative group for choosing a way to manage the house, ______________( Full name)__________________, owner of apartment No. _______.

He suggested that the place of storage of decisions of the general meeting of our multi-apartment residential building be the apartment of our chairman of the initiative group for choosing a way to manage the house at the address: ______________ _____________________________________________________________ .

DECIDED: choose the place of storage of decisions of the general meeting of our multi-apartment residential building in the apartment of our chairman of the initiative group for choosing a way to manage the house at the address: _________________ _______________________________________________________________.

"BEHIND" __________,

"AGAINST" ___________,

ABSTAINED ______________ .

An integral part of this protocol are:

1. SIGNATURE SHEET, certifying the delivery of notices of the meeting to the owners,

2. REGISTRATION STATEMENT of the meeting of owners of the premises,

4. Minutes No. 1, 2, 3 of the counting commission.

Chairman of the meeting ______________ (full name) ___________________ ___ (signature) _____

Secretary of the meeting ______________ (full name) ___________________ ___ (signature) _____

Note: The original minutes with all attachments must be kept in the place specified by this meeting. If it is necessary to submit the protocol to any authorities, a copy must be made from it.

Meeting documents must be executed accurately and legally competently so that the decision of your meeting is not questioned by your co-owners and is not challenged in court. When holding a meeting, full accessibility of information and full openness of the procedure must be ensured. If the owners have questions, ambiguities and doubts during the meeting, it is better to announce a break in the meeting. We need to give people time to think, to read our brochures, to provide them with additional information, to carry out explanatory work again.

The examples of documents given here are not a dogma. They do not need to be transcribed verbatim. But you can safely rely on them when drawing up the documentation of your home. We hope we have helped you get the documents right for your meeting.

We sincerely wish you to improve the quality of your life, successfully and intelligently choose the way to manage your home.

Ad Sample

ANNOUNCEMENT on holding a general meeting of owners of the premises of an apartment building N ____ on the street _________________________

Dear homeowners!

"__" ___________ 200_ at ____ hours 00 min. in the assembly hall of the building located at the address: city, st. __________________________, d. N ______, a general meeting of owners of residential and non-residential premises of an apartment building N ____ will be held, along _______________________________ street.

This general meeting will be held at the initiative of ______________________.

To register as a participant in the general meeting, you must have with you:

1) to individuals the specified notification, identity document, certificate or a certified copy of the certificate of ownership of the residential (non-residential) premises;

2) to legal entities - a power of attorney of a legal entity - the owner of residential (non-residential) premises, other documents confirming the ownership of the premises.

Each owner at the general meeting has the number of votes in proportion to the share of his participation, established in accordance with the provisions of the Housing Code of the Russian Federation.

Agenda of the General Meeting:

1. Choosing a way to manage an apartment building.

2. Approval of the Charter of the homeowners association.

3. Election of the board of the homeowners association.

4. Selection of the audit commission (auditor).

5. Transfer of a part (all) of the functions of managing a homeowners association to a management company.

6. Registration of the right of common shared ownership of a land plot with landscaping and landscaping elements, on which an apartment building is located, and the limits of its use.

7. Selection of an authorized person to carry out all actual and legal actions, in pursuance of decisions taken at the general meeting.

8. Miscellaneous.

We remind you:

The decision of the general meeting, adopted in accordance with the procedure established by the Housing Code, is binding on all owners of premises in an apartment building, including those who, regardless of the reasons, did not take part in the vote (part 5 of article 46 of the Housing Code of the Russian Federation).

For a preliminary acquaintance with the draft Charter of the homeowners association, other documents that will be discussed at the general meeting, you can contact at a convenient time for you from ___ h 00 min. to ___ h 00 min. in ______________________ at the address: city, st. ________________________________________, d. N ______.

Initiator of the general meeting ____________________

Source - "Associations of homeowners", "Piter Press"


Similar Documents

It is carried out within the terms specified in the company's charter, but at least once a year. The convocation of precincts may be regular or extraordinary. When it comes to organizing an enterprise, the general meeting of founders will, in fact, be of an extraordinary nature.

This event is held after the formation of the company's charter, the signing of an agreement on the establishment of the company and the submission of a list of candidates to the company's management bodies.

After carrying out all these actions, each founder is sent notice of the general meeting members of the society. The need for such a procedure is as follows.

Within the framework of the general meeting of the founders, registration and registration of the persons present will be carried out, who will subsequently make specific decisions. Important issues related to the organization of the enterprise's activities will be discussed. As a result of the questions voting and making final decisions, including determining the founders' shares in the authorized capital.

Each of these points is essential for further full-fledged work, therefore it is extremely important that the founder be notified of the future meeting in a timely manner and attend the meeting in a timely manner. If all the founders are not present at the meeting, the decisions made at the meeting will be invalidate.

Notification of participants of LLC about holding an extraordinary meeting considered a prerequisite. To do this, you need to send notification messages. no later than 30 days before the meeting. The charter of the company may also establish a shorter period, but this should be written in the document and endorsed by all members of the company.

If there is only one founder of the LLC, convening a general meeting is not required. The head has the right to make all necessary decisions as the sole executive body. Accordingly, the notification is also not sent.

Notification methods

Notification of an LLC participant about a meeting carried out by the executive body of the company. The law excludes the possibility of holding an absentee meeting, since at the meeting it is necessary to make decisions that will determine the direction of the enterprise's activities in the future. Notifications must be sent to the addresses indicated in the list of participants. Notification methods there are several:

  • a registered letter with a description of the attachment and a notification of receipt;
  • telegram with acknowledgment of receipt;
  • personally in hand, using a courier delivery service.

As an additional method, the announcement of the meeting is placed in the local media. This option provides for notification of LLC members who have not reported their current location.

The best notification method is the first option. Notification procedure carried out according to the following instructions:

  1. An order is issued to hold a general meeting of participants.
  2. A month before the meeting, the founders are notified.
  3. When sending, it is necessary to enclose in the envelope a list of documents that will be sent to the founders.
  4. At the time of receipt of the letter, the LLC participant signs a notification of receipt of the notice.

It should be noted that letters are sent to all addresses indicated by the citizen, including those reported additionally. This notification option is the most acceptable, as it guarantees the delivery of the notification, and provides the responsible person with confirmation of receipt of the document in the form of a notification of receipt.

Sample notice of holding a general meeting of LLC

FZ-14 does not contain specific information regarding the organization and holding of a general meeting of an LLC during the establishment of a company, however, in Art. 36 provides information about how to write a notification letter when holding a general meeting during the further activities of the enterprise. Accordingly, such information can also be used when organizing the first general meeting. The legislation states that notice must include the following data:

  • the place, time and date of the meeting of the company's participants;
  • form of the meeting;
  • agenda;
  • materials that the founder is obliged to present at the meeting (draft charter or agreement with a single executive body).

An example of notifying and holding a meeting of an LLC

Andrey P. became the founder of the company together with three citizens. Due to personal necessity, the man went abroad, but reported his temporary address to the executive body of the company.

While Andrei was away, the rest of the founders held a meeting where significant financial decisions were made. Andrey disagreed with the content of these documents and tried to challenge them by contacting other participants, arguing his decision by the fact that he was not notified in a timely manner about the meeting.

The man did not achieve any results and was forced to file application to arbitration. The judge ruled in favor of Andrey, declaring the decisions null and void, since the law was violated - the founder was not notified of the meeting, although he reported a new address.

Conclusion

As a result, several conclusions can be drawn:

  1. Important procedure for registering a company is to notify all participants of the holding of the general meeting.
  2. Each founder is sent a notification letter about the future meeting to the address indicated in the list of LLC participants.
  3. Notice of holding a general meeting of LLC participants must contain all the necessary information that will allow the participant to have an idea of ​​the agenda of the meeting and arrive at it on time.
  4. If a member of the society is one, then no notifications are required to be sent, as well as to hold general meetings.

The most popular questions and answers to them regarding the notification and holding of a meeting of LLC

Question: Hello. My name is Sergey. My friend and I formed an LLC. Apart from us, there are no members of the society. We have drawn up the charter and memorandum of association, now it is necessary to implement registration of the company in the IFTS .

Of course, we are going to meet and discuss this issue, but tell me, is there a need to send notices of the meeting by mail? And one more question, the answer to which I could not find. How to write a good notice?

Answer: Hello Sergey. In your situation, there really is no need to notify each other by mail that the meeting is taking place. This will take time and cause additional costs. However, according to FZ-14 dated 02/08/1998, since you are not the sole founder, such notice must take place.

It is best for you to hand over the summons in person and put receipt signature. This document will be sufficient to recognize, if necessary, the decisions made by the company as valid.

As for the sample, it can be issued on the basis of the norms of Art. 36 of the LLC Law. The main thing is that all the necessary items are present in the document. Sample notice of an extraordinary meeting of an LLC you can also download on our website. This document is quite suitable for issuing a notification document, since the meeting is essentially an extraordinary one.