Annual meetings of owners of apartment buildings based on the report of the manager

Owners who have at least ten percent of the total number of owners of premises in an apartment building have the right to apply in writing to the management organization or the board of a homeowners' association, housing or housing construction cooperative, or other specialized consumer cooperative to organize a general meeting of premises owners in apartment building. The application for holding a general meeting of owners of premises in an apartment building must formulate the issues to be included on the agenda of the meeting.

Two complaints are enough, if not, then you need to prepare a lawsuit. Procedure for submission Report materials are posted on stands designated for announcements.

Important

Companies that have a page on the Internet place it on their website. Here is a sample application from the owner to the management company to provide a report.

If a resident requests reporting, he must be informed of the address where the entire package of information will be posted on the Internet. In addition to the organization’s website, this may be a portal of local authorities or another resource agreed upon with them. A sample management company report for the year can be downloaded here. Deadlines If for some reason the deadlines are not specified in the management agreement, the report in any case is provided within the framework established by the Housing Code, Art. 162.

Report of the management company to the owners

Attention

Ministry of Construction of the Russian Federation on holding a general meeting of owners of premises in MKD 3735 2 Actions of the management authority if the owners entrusted it with organizing the meeting The owners contacted the management organization and entrusted it with organizing the general meeting. They provided the agenda for the upcoming meeting.

First of all, the MA resolves all organizational issues: 1. Determines the form of the meeting. According to Art. 44.1 of the Housing Code of the Russian Federation, general meetings of owners can be held in person, in absentia and in absentia.

Determines the timing of the meeting. The management authority agrees on such a period with the owners who contacted it to organize the OSS. When agreeing on deadlines, you need to take into account the time it will take to notify owners.

3. Informs the owners about the meeting.

Forum burmistr.ru - forum about housing and communal services (management of apartment buildings)

Owners with at least ten percent of the total number of owners of premises in an apartment building have the right to apply in writing to the management organization, the board of the HOA, housing complex, housing cooperative to organize a general meeting of owners.

The request for holding an OSS should formulate the issues that need to be included on the agenda of the meeting.

If the owners of the premises have applied to the management organization with a request to organize a meeting, the management organization is obliged to carry out the actions necessary to conduct the OSS within forty-five days from the date of receipt of the request.

All owners must be notified of the upcoming event by the management company, homeowners association, residential complex, housing cooperative no later than ten days before the date of its holding. In addition, it is necessary to draw up documents based on the results of the general meeting and bring the results of the meeting to the attention of the owners (Part 6 of Article 45 of the Housing Code of the Russian Federation).

Report of the management company or homeowners association to the owners of the apartment building

Key questions could be:

Report of the management organization on the execution of the apartment management agreement for the previous year.
Consideration of proposals from the management organization on the list and scope of work and services for the maintenance and repair of common property in the apartment building, the timing of their implementation and cost.
Review and approval of cost estimates - for homeowners' associations, residential complexes, housing cooperatives.
Approval of the amount of payment for the maintenance and repair of common property in the apartment building for the current year.

Find out what issues fall within the purview of OSS 2054 0 What issues should be included on the agenda of any meeting Regardless of the form and purpose of the meeting, three main selection issues should be included in the agenda:

chairman of the meeting;
secretary of the meeting;
counting commission.

Such recommendations are confirmed by the Ministry of Construction of the Russian Federation in its letter dated June 23, 2017 No. 27787-OG/04.

Providing a report by the management company

An exception is that if the management company was selected through an open competition, then it must provide the owners with a report two weeks before the end of the contract concluded with it. But this doesn't happen often.

According to the property maintenance rules, owners can require the management company or HOA to provide a report on services provided and costs incurred. and also check the quality of services provided and, if defects are identified, demand their elimination.

Annual and extraordinary general meeting of owners ⋆ ASN CITADEL

In accordance with Part 1 of Art. 45 of the Housing Code of the Russian Federation, owners of premises in an apartment building are required to annually hold an annual general meeting, and in Part 2 of Art. 45 of the Housing Code of the Russian Federation states that general meetings of owners of premises in an apartment building held in addition to the annual general meeting are extraordinary.

Thus, the law defines two types of general meetings of premises owners:

a) the annual general meeting of owners of premises in an apartment building, which is mandatory;

b) an extraordinary general meeting of owners of premises in an apartment building, which is optional.

Annual General Meeting

While obliging the owners of premises in an apartment building to annually hold their general meeting (annual general meeting), the Housing Code of the Russian Federation does not define the range of issues that must be resolved at such a meeting and included in the agenda of this meeting. But in Part 1 of Art. 45 of the RF Housing Code states that the annual general meeting must be held during the second quarter following the reporting year, unless otherwise established by the general meeting.

The Housing Code also does not define the procedure for holding an annual general meeting of owners of premises in an apartment building, as well as the procedure for notifying about decisions made by it, and accordingly such a procedure must be established by a general meeting of owners of premises in an apartment building.

Consequently, the owners of premises in an apartment building, as part of establishing the procedure for holding an annual general meeting, must independently determine:

– a permanent list of issues included in the agenda of the annual meeting;

– the procedure for sending messages about the annual meeting, including the procedure for familiarizing yourself with information and (or) materials that will be presented at the meeting, the address or place of their placement (or the place where they can be viewed), the form of the meeting, persons, those responsible for holding the meeting;

– procedure for notification of decisions made;

– other issues related to the holding of the annual general meeting, with the exception of those that must be resolved within the framework of the requirements established in Art. Art. 46 – 48 of the RF Housing Code, including quorum requirements.

The annual general meeting can be convened by the persons responsible for holding the meeting, approved by a previous decision of the general meeting, or, taking into account its periodic specifics, by decision of the owners of the premises, it can be held on the initiative of one of the owners or without its convening by any person. For example, the procedure determined by the decision of the general meeting may provide for holding an annual meeting annually on February 1 of the next year.

As part of establishing the procedure for holding the annual general meeting, the responsibility for convening and holding the annual general meeting may be assigned to the Council of the apartment building or its chairman.

The decision of the general meeting may provide for a special procedure for holding the annual general meeting, including in terms of notifying the owners of decisions made, forming the agenda for such a meeting, the location of the meeting, etc.

In particular, when holding an annual meeting, these issues can be distributed among individuals, the agenda can be fixed for each year, or the preliminary formation of the agenda for the annual general meeting can be carried out by polling.

When determining the date for holding the annual general meeting, one should take into account the procedure established by law for determining the amount of payment for the maintenance and repair of residential premises in an apartment building at a general meeting of owners of premises in such a building, taking into account the proposals of the management organization (Part 7 of Art.

156 of the Housing Code of the Russian Federation), as well as provided for in Part 11 of Art.

162 of the Housing Code of the Russian Federation, the obligation of the management organization annually during the first quarter of the current year, unless otherwise established by the management agreement for an apartment building, is to provide the owners of premises in the apartment building with a report on the implementation of the management agreement for the previous year.

Therefore, taking into account the specified requirements of the law, it is recommended to set the date for holding the annual general meeting within the first quarter of the current year, so that representatives of the management organization with which the owners entered into an agreement could participate at the annual general meeting, and the activities of the management organization in managing the apartment building could be assessed, the work plan and estimate of income and expenses of the management organization for the current year were approved, the fees for the maintenance and repair of residential premises in an apartment building were determined, etc.

It is recommended that all issues related to the procedure for convening and holding the annual general meeting of premises owners be resolved either by a protocol decision of the general meeting of premises owners, or in a special local regulatory act, which is approved by a decision of the general meeting of premises owners.

Extraordinary general meeting

In accordance with Part 2 of Article 45 of the Housing Code of the Russian Federation, an extraordinary general meeting of owners of premises in an apartment building can be convened at the initiative of any of the owners of the building.

Unlike the annual general meeting, the law does not provide for the establishment by decision of the general meeting of premises owners of the terms for holding an extraordinary general meeting, therefore such a meeting can be held at any time and any number of times during the year.

This means that the owners of premises in an apartment building can hold extraordinary meetings in the manner established by the Housing Code of the Russian Federation as necessary.

At the same time, it is quite obvious that before the decision of the general meeting is determined in accordance with Part 1 of Art.

45 of the RF LC of the terms and procedure for holding annual general meetings, any general meeting, regardless of the agenda, will be extraordinary.

The possibility of holding extraordinary general meetings is established by law for more flexible and prompt intervention of premises owners in the process of managing an apartment building.

It should be noted that the Housing Code of the Russian Federation does not directly establish cases when an extraordinary general meeting must be convened.

At the same time, such cases include the occurrence of circumstances in which the owners of premises in an apartment building are obliged to make a decision on the liquidation of the homeowners’ association or on a significant violation by the management organization of the essential terms of the management agreement.

As a rule, extraordinary general meetings are of an emergency nature, since, for example, they are the main means of clarifying the relationship between the owners of premises and the management organization or between separate groups of owners on issues arising in the process of managing the house. Therefore, extraordinary general meetings can be described as “extraordinary meetings,” which very accurately characterizes the status of an extraordinary general meeting and its significance in the life of an apartment building.

The annual general meeting, like an extraordinary meeting, can be convened at the initiative of the management organization

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Source: https://acitadel.ru/2017/05/12/godovoe-i-vneocherednoe-obshhee-sobranie/

Is the management company obliged to report to the owners?

Each management company is obliged to prepare an annual report. This is a special document, the purpose of which is to inform property owners about the work carried out during the period of time under review and the amount of money spent on it.

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In accordance with paragraph 11 of Article No. 162 of the Housing Code of the Russian Federation, during the first quarter of this year, management companies must submit their annual report to the owners of premises in an apartment building (apartment building). It describes the specifics of the implementation of management agreements over the past twelve months. The exceptions are the conditions specified in the agreement. The management company's annual report itself looks like a collection of data that is indicated in accordance with the information disclosure form.

What issues to discuss at the annual general meeting of owners

On April 1, the second quarter of the year begins - the time for holding annual general meetings of owners of premises in apartment buildings. Today we will tell you who is obliged to hold such a meeting and what issues should be included on the agenda.

Annual meeting of owners of premises in the apartment building

Holding an annual general meeting is the responsibility of the owners of premises in apartment buildings (Part 1, Article 45 of the Housing Code of the Russian Federation). Such a meeting is held during the second quarter of the year following the reporting one, unless another condition is established in one of the previous OSBs.

The management organization is obliged annually during the first quarter to report to the owners on the fulfillment of the terms of the management agreement for the apartment building for the previous year, unless it provides for other conditions (Part 11 of Article 162 of the Housing Code of the Russian Federation). Based on such a report, the owners of premises in the apartment building will make decisions at the annual meeting.

The request for holding an OSS should formulate the issues that need to be included on the agenda of the meeting. If the owners of the premises have applied to the management organization with a request to organize a meeting, the management organization is obliged to carry out the actions necessary to conduct the OSS within forty-five days from the date of receipt of the request.

It is necessary to notify all owners of the upcoming event of the management company, homeowners' association, residential complex, housing cooperative no later than ten days before the date of its holding. In addition, it is necessary to draw up documents based on the results of the general meeting and bring the results of the meeting to the attention of the owners (Part 6 of Article 45 of the Housing Code of the Russian Federation). The Ministry of Construction of the Russian Federation on holding a general meeting of owners in the apartment building

Actions of the management company if the owners entrusted it with organizing the meeting

The owners contacted the management organization and entrusted it with organizing the general meeting. They provided the agenda for the upcoming meeting. First of all, the MA resolves all organizational issues:

1. Determines the form of the meeting.

According to Art. 44.1 of the Housing Code of the Russian Federation, general meetings of owners can be held in person, in absentia and in absentia.

2. Determines the timing of the meeting.

The management authority agrees on such a period with the owners who contacted it to organize the OSS. When agreeing on deadlines, you need to take into account the time it will take to notify owners.

3. Informs the owners about the meeting.

All owners of residential and non-residential premises in apartment buildings must be notified of the upcoming event at least ten days before the date of its holding (Part 4 of Article 45 of the Housing Code of the Russian Federation).

4. Compiles ballots in accordance with the register of owners of premises in the apartment building.

The responsibility of the management authority to maintain a register of owners of premises is determined by Part 3.1 of Art. 45 Housing Code of the Russian Federation.

When the documents for the meeting have been prepared and the owners of the premises in the apartment building have been informed about the upcoming event, you can begin to hold it. On the selection of the chairman of the general meeting of owners

Main issues on the agenda of the annual OSS

At the annual meeting of owners of premises in an apartment building, owners can evaluate the performance of the management organization over the past year and plan what work and services will be performed this year.

Key questions could be:

Report of the management organization on the execution of the apartment management agreement for the previous year.
Consideration of proposals from the management organization on the list and scope of work and services for the maintenance and repair of common property in the apartment building, the timing of their implementation and cost.
Review and approval of cost estimates - for homeowners' associations, residential complexes, housing cooperatives.
Approval of the amount of payment for the maintenance and repair of common property in the apartment building for the current year.

What issues can be resolved by the general meeting of owners?

What items should be included on the agenda of any meeting?

Regardless of the form and purpose of the meeting, it is worth including three main selection issues on the agenda:

chairman of the meeting;
secretary of the meeting;
counting commission.

Such recommendations are confirmed by the Ministry of Construction of the Russian Federation in its letter dated June 23, 2017 No. 27787-OG/04.

These issues may not be included on the agenda at each OSS if at one of the previous meetings it was decided to select candidates who will retain their positions for a period determined by the decision of the meeting - a year or the next few meetings.

How a management organization can make a meeting effective

In order for owners to make informed decisions, the management organization must report to them correctly and explain what maintenance and repair work and services need to be carried out to maintain the house in proper condition.

The management organization, HOA, residential complex, housing cooperative needs to promptly provide the owners with a report that will reflect information about:

maintenance of common property;
sanitary maintenance of common property;
improvement of common areas and land;
repair of common property;
measures to ensure the safety of common property, safety and convenience of living in the house;
provision of public services;
fulfilling estimates of income and expenses - for homeowners' associations, residential complexes, housing cooperatives.

Do not hide from the owners what work could not be completed, tell in detail what was completed above the plan, explain how funds were spent and set priorities: what should be done first, and what can be postponed.

It is good if a representative of the management organization is present at the annual general meeting of owners of premises in an apartment building.

He will be able to answer questions and clarify points that are not clear to the owners.

This approach helps to build a constructive dialogue with the owners, make the necessary decisions and increase loyalty to the management organization. Forms of conducting OSS: pros and cons

Owners' tasks at the annual meeting

The goal of the premises owners is to determine how the management organization will manage the common property, what work and services, in addition to the minimum list of works and services approved by Decree of the Government of the Russian Federation of April 3, 2013 No. 290, must be performed this year in order to maintain the apartment building in proper condition.

At the annual meeting, owners should:

assess how the management organization performed work and services for the maintenance and repair of common property in the past year;
analyze what work and services are needed to maintain common property in proper condition so that the house is safe and comfortable to live in;
decide whether repairs are needed in the apartment building and in what time frame it should be carried out;
discuss whether there is an opportunity to reduce the waste of utility resources;
estimate how much money will be needed to complete all planned work and services, how to collect it, and what to spend it on.

Final stage of the annual meeting

After summing up the meeting:

the counting commission counted the votes of those who took part in the election;
the secretary of the meeting drew up the minutes;
The minutes of the meeting were signed by the chairman and secretary.

Within five days, the management body must transfer the original documents to the State Housing Property Inspectorate body and post information about the meeting held in the Housing and Communal Services State Information System (Part 1.1, Article 46 of the Housing Code of the Russian Federation). Notification of owners and State Housing Property Inspectorate about the results of the general meeting of owners

Automation of OSS

Holding general meetings of owners takes a lot of effort and time, especially if there is more than one apartment building under management. Management organizations worry that they might make a mistake or miss an important point. The “OSS 100%” service will facilitate holding general meetings of owners.

In it, management organizations, homeowners' associations, residential complexes, housing cooperatives will find templates:

notifications of the general meeting of owners of premises in the apartment building;
agenda of the general meeting;
owners' decisions;
OSS protocol;
register of owners of premises in MKD.

Holding meetings in the service will simplify the task for management employees: the wording of agenda items can be selected from a large library, which is constantly updated, rather than entering manually. The service will count the votes itself, you won’t have to count using formulas in Excel or a calculator. Bulletins and minutes of the meeting are generated automatically, which simplifies work with documents.

Source: https://roskvartal.ru/provedenie-oss/8667/kakie-voprosy-obsudit-na-ezhegodnom-obschem-sobranii-sobstvennikov

Annual report of the management company or HOA to the owners, its sample

More than half of apartment buildings in Russia have contracts with management companies in the housing and communal services sector.

This is convenient both for the companies themselves and for the residents, because if the dispute has to be resolved in court, the agreement will quickly put everything in its place.

As a rule, the contract specifies not only the list of services that the company must provide, but also the reporting procedure. In this article we will look at the management company’s report on the work done to the owners.

Management company reports

As a rule, the management company submits only an annual report. The management company must submit reports because material relations have been established between it and the owners of apartments in an apartment building and the owners of the premises have every right to see where their money was spent.

Owners can set their own reporting rules and stipulate them in the agreement they enter into with the management company.

Thus, in practice, there are common cases when the management company reports to the owners not only once a year, but also once a quarter.

If the management company does not provide reports in accordance with the conditions specified in the agreement, the owners have the right to file a claim in court.

Legislative reporting framework

If the agreement concluded between the owners and the management company does not specify when the latter must provide a report, then the management company must provide the report either as it fulfills certain obligations, or after the agreement expires. The annual report of the management company to the owners must necessarily contain all the work done, as well as their detailed description, the volume and amount of costs incurred.

In addition to the Housing Code of the Russian Federation, the reporting work of management companies is also regulated by the rules for the provision of utility services, the rules for maintaining the common property of an apartment building, the information disclosure standard of the Criminal Code, and the Order of the Ministry of Construction of the Russian Federation (regarding the reporting form).

What information is included in reports

Based on the results of the report, residents of an apartment building have the opportunity to compare what representatives of the management company shared with them during the year with what was actually done, and therefore make a decision about whether to continue working with this management company or not. The report should provide information on the condition of common property, income and expenses, personnel and their efficiency. In addition, the report should begin with the following data:

general information about the management company;
information about the house (area, number of floors, type of house and other qualitative and quantitative characteristics);
data on networks that provide all basic services, as well as data on their condition;
a list of services regularly provided to the home;
data on fees for major repairs;
information about the land plot (its cadastral number).

Condition of common property

Common property refers to equipment and premises that are used to service more than one apartment. So, it includes such elements as walls, foundation, floors, roof, etc.

To reflect information in a report, a table of three columns is most often compiled (name of the element, its location, equipment).

Of course, the list of elements is first compiled taking into account what is in the house.

Income and expenses

The management company prescribes income and expenses according to the work performed. This paragraph also consists of a table in which, in addition to the name of the work, the costs incurred for their implementation are indicated. Each new work is written on a new line. The estimate also includes all receipts (for example, subsidies received from the state, payments from owners, etc.).

Personnel and their efficiency

This is a desirable, but not mandatory item in the management company’s report. Thus, it should cover such issues as bringing management company personnel to administrative responsibility. If the management company conducts regular assessments of the effectiveness of its staff, then this can also be included in the report.

Sample

The sample report of the management company to the owners is not clearly established. Thus, the company itself has the right to decide in what form to provide the report, however, the above points should be disclosed in it as much as possible.

You can always download an example of a sample report from the link. You can also use the template from the “Housing and Communal Services Reform” website. See link below.

Reporting meetings

The management company is obliged to hold a reporting meeting, during which it publicly reports on the work done. Notification of a meeting of this kind must be given in advance so that all residents have time to make their plans and attend the event.

In addition to highlighting the general points of the report, during the meeting the owners’ questions are usually discussed, and the Management Committee also proposes a plan for further actions for the year. A prerequisite for voicing a plan is to mention the necessary costs, as well as provide an approximate estimate.

Activists among owners can put forward their ideas during the meeting, thereby changing the company's plan of action. Changes can also be made by conducting a survey of residential premises owners, analyzing requests and proposals, and other collective types of surveys.

Where are reports from management companies and homeowners associations usually sent?

The management company’s report to the owners must be posted on information boards located in the entrances. If the management company has a website, then it is obliged to post the report on its Internet resource.

The placement also takes place on the housing and communal services reform website, where there are special templates for this. A resident of an apartment building should not ask the question “How to get a report ahead of time?”

He has the right to demand reporting whenever he wants.

How to get a report

If reporting needs to be provided to a specific resident upon request, the information should still be posted online or on bulletin boards. Sometimes posting a report is allowed not only on the company’s website, but also on the Internet resource of local authorities.

Report submission deadline

The deadlines for submitting a report to the HOA or management company to the owners are the same. According to the Housing Code of the Russian Federation, the report is submitted during the first quarter of the year following the reporting one, unless the agreement concluded between the management company and the apartment owners implies otherwise (reflected in clause 11 of Article 162 of the Housing Code of the Russian Federation). This is what usually happens.

Sample contents of an annual report

The visual design of the annual report does not play a special role; it can be anything. Much more importance is given to the content. Features of the preparation of the report and the deadlines for its submission are specified in Article No. 162 of the Housing Code of the Russian Federation.

The responsibilities of management companies include providing the following information :

Data regarding completed and planned work;
Price list for services relative to each of the apartment buildings, taking into account the cost of utilities;
Current repair costs;
Household maintenance costs;
Prices for landscaping local areas, as well as public premises;
Payment for sanitary maintenance of the house;
Document on income and expenses.

In addition, within the framework of the document it is necessary to indicate not only the debts in relation to the residents for the provided utilities, but also the debts of the management company to the resource supplying organization.

The next significant part of the manager’s annual report in relation to the owners and tenants of the premises of an apartment building is the long-term work plan for the next reporting period. This plan addresses issues of resource conservation, improving the level of comfort and quality of life within a particular home. In this order, the management company shows its readiness to carry out promising activities that will become effective elements in the property management process.

Report on the implementation of the MKD management agreement

In the annual report on the implementation of the management agreement for an apartment building (apartment building), the management company undertakes to report to the owners only for those activities that relate to the direct management of the building.

Information that is included in the report on the implementation of the management agreement for apartment buildings:

Listing of services provided to residents of the house;
Transfer of services for housing and communal services (Housing and communal services);
Expenses for both capital and current repairs;
The procedure for spending funds received from residents of the house;
Other activities.

The document must be submitted every year, but the specific month and date are set by each management company separately. In accordance with the reform of housing legislation, it is necessary to separately highlight in the report such an item as the flow of funds allocated for major repairs.

Sample plan for a report on the implementation of the management agreement for apartment buildings:

Name of the management company;
An indication of the number of the agreement concluded with the owners and the date of its adoption;
Points of the agreement and specific ways of its implementation;
Those points of the agreement that could not be fulfilled, indicating the reasons;
Dates for implementation of long-term programs and other information;
Date of conclusion of the agreement;
Signatures of the owners and representatives of the company with a transcript.

Below is a sample of a typical report on the implementation of an apartment building management agreement:

Report on the implementation of the management agreement for MKD WORD 30.00 KB

Financial report of the management company to the owners

The management company is not obliged to report to the owners for the movement of internal financial resources of the organization. Information of this kind includes salaries of management company employees, repairs of office premises and other expenses within the company.

The financial report of the management company to the owners concerns exclusively the funds spent on the property in question. This is money accepted as payment for utilities, funds for major repairs, etc. Typically, the financial report is part of the annual report and is not issued as a separate act. However, certain provisions of the document may be requested by property owners earlier than planned upon their written application. In this case, the management company undertakes to provide the requested information in a separate document.

Below is a sample financial report of the management company to the owners:

Financial report of the management company to the owners WORD 48.00 KB

Report on current repairs of an apartment building

Unlike major repairs, current repairs are usually carried out much more often. The reason may be an urgent need, a personal initiative of the owners of the premises or the management company. Management companies should pay special attention to collecting and cross-checking information for the repair document. As a rule, each organization has standard forms of acts of this kind. The report on current repairs must indicate how much money was spent, what work was carried out, who carried out it and when it happened.

Below is a sample report on the current repairs of an apartment building:

Report on current repairs of an apartment building WORD 14.00 KB