1. General meeting owners of premises in apartment building is the governing body of an apartment building. The general meeting of owners of premises in an apartment building is held for the purpose of managing an apartment building by discussing agenda items and making decisions on issues put to a vote.

1.1. Persons who have accepted from the developer (the person providing construction apartment building) after the issuance of permission to put the apartment building into operation of the premises in this house according to deed of transfer or other document on the transfer, is entitled to take part in general meetings of owners of premises in an apartment building and make decisions on issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building, in the manner prescribed by this Code, within a year from the date of issuance of the permit for the commissioning of an apartment building.

2. The competence of the general meeting of owners of premises in an apartment building includes:

1.1) making decisions on the choice of the method of forming the capital repair fund, the choice of a person authorized to open a special account in the Russian credit institution, making transactions with funds held on a special account;

1.1-1) making decisions on the amount of the capital repair contribution in terms of exceeding its size over the established minimum capital repair contribution, the minimum capital repair fund in terms of exceeding its size over the established minimum capital repair fund (if the law of the subject Russian Federation installed minimum size overhaul fund), placement temporarily free funds overhaul fund formed on a special account, on a special deposit in a Russian credit institution;

1.2) making decisions on the receipt by a homeowners association or a housing construction cooperative, a housing cooperative or other specialized consumer cooperative, a managing organization and direct management apartment building by the owners of premises in this building by a person authorized by the decision of the general meeting of such owners, a loan or a loan for the overhaul of common property in an apartment building, on determining the essential conditions loan agreement or a loan agreement, on the receipt by these persons of a guarantee, surety for this credit or loan and on the conditions for obtaining the said guarantee, surety, as well as repayment at the expense of the capital repair fund of the loan or loan used to pay the costs of capital repairs of common property in an apartment building , and on the payment of interest for the use of this credit or loan, payment at the expense of the overhaul fund of the costs of obtaining the said guarantee, surety;

2) making decisions about the limits of use land plot on which the apartment building is located, including the introduction of restrictions on its use, as well as the conclusion of an agreement on the establishment of an easement, an agreement on the implementation of a public easement in relation to a land plot related to common property in an apartment building;

2.1) making decisions on the improvement of the land plot on which the apartment building is located and which relates to the common property of the owners of premises in the apartment building, including the placement, maintenance and operation of landscaping and landscaping elements on the specified land plot;

3) making decisions on the use of the common property of the owners of premises in an apartment building by other persons, including the conclusion of contracts for the installation and operation of advertising structures, if it is intended to use common property owners of premises in an apartment building;

3.1) making decisions on determining the persons who, on behalf of the owners of premises in an apartment building, are authorized to conclude agreements on the use of common property of owners of premises in an apartment building (including contracts for the installation and operation of advertising structures), to submit documents for approval of the reconstruction and ( or) redevelopment of the premises, which is part of the common property in an apartment building, for the conclusion of an agreement on the establishment of an easement, an agreement on the implementation of a public easement in relation to a land plot related to the common property of the owners of premises in an apartment building, and on persons authorized to sign these agreements , as well as the procedure for obtaining Money provided for these agreements on the terms determined by the decision of the general meeting;

3.2) making decisions about the use of the system or other information systems when holding a general meeting of owners of premises in an apartment building in the form of absentee voting;

3.3) making decisions on determining the persons who, on behalf of the owners of premises in an apartment building, are authorized to use the system or other information systems when holding a general meeting of owners of premises in an apartment building in the form of absentee voting (hereinafter referred to as the administrator of the general meeting);

3.4) making a decision on the procedure for the administrator of the general meeting to receive messages about holding general meetings of owners of premises in an apartment building, decisions of owners of premises in an apartment building on issues put to a vote, as well as on the duration of voting on the agenda of the general meeting of owners of premises in an apartment building in the form of absentee voting using the system;

3.5) making a decision on the procedure for financing expenses related to the convening and organization of the holding by the managing organization, the board of the homeowners' association, housing or housing construction cooperative, other specialized consumer cooperative general meeting in accordance with;

4.1) making decisions about current repair common property in an apartment building;

4.2) making a decision on empowering the council of an apartment building with the authority to make decisions on the current repair of common property in an apartment building;

4.3) making a decision on vesting the chairman of the council of an apartment building with the authority to make decisions on issues not specified in, with the exception of the powers falling within the competence of the general meeting of owners of premises in an apartment building;

4.4) making a decision on the conclusion by the owners of premises in an apartment building, acting on their own behalf, in the manner prescribed by this Code, respectively, contracts for cold and hot water supply, sanitation, electricity, gas supply (including the supply of domestic gas in cylinders), heating (heat supply , including the supply of solid fuel in the presence of stove heating) (hereinafter also referred to as an agreement containing provisions on the provision of utilities), contracts for the provision of services for the treatment of municipal solid waste with a resource supplying organization, a regional operator for the treatment of municipal solid waste;

4.5) making a decision on consent to the transfer of residential premises to non-residential premises;

5) other issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building.

Commentary on Art. 44 ZhK RF

1. The plurality of subjects of ownership of the same property implies the need to coordinate their expression of will (paragraph 1 of article 246, paragraph 1 of article 247 of the Civil Code,). When the number of such entities is small, the possibility of an insurmountable conflict of interest is less likely, and reaching an agreement on the management of property that is in their common ownership, basically does not cause great difficulties and does not require the establishment of a special form for coordinating their wills and making decisions on such management. Wherein this control, allowing a small number of owners to manage activities aimed at preserving, maintaining and developing the object of management, does not always require the presence of a special body that carries out such management.

2. Privatization housing stock in the Russian Federation has created a situation where the majority apartment buildings do not have one owner. Such houses, as a rule, consist of many premises owned by citizens, legal entities, the Russian Federation, subjects of the Federation, municipalities, which significantly complicates the management of common property in such houses. Taking into account this circumstance, the commented article establishes the specified special form of coordination and decision-making in the form of a general meeting of owners of premises in an apartment building, and also defines such a general meeting as the management body of an apartment building.

3. The general meeting of owners of the premises of an apartment building, as the management body of an apartment building, is the only such body and exists throughout the entire “life” of the house as an apartment building - as long as there is a legal connection between the owners of the premises in this house regarding common property in it. The exception, perhaps, is only one case, when all the premises in an apartment building belong to one owner (see).

4. The general meeting of owners of premises in an apartment building, as a management body for an apartment building, has its own historical retrospective.

Until 1917, the housing stock was mainly owned by homeowners, i.e. houses belonged, as a rule, to a narrow circle of owners, between whom there were no stable legal ties based on the right of common ownership. For 80% of the housing stock of Russian cities consisted of one-story wooden and small-sized houses owned by citizens. Therefore, the management of houses was carried out by their owners independently or through their managers, and the general meeting of owners as a body for managing houses was not in demand.
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See: Dmitriev N. Housing issue. Two worlds, two approaches. M., 1973. S. 71.

After 1917, by the Decree of the All-Russian Central Executive Committee of August 20, 1918 “On the Abolition of the Right of Private Ownership of Real Estate in Cities,” the bulk of the privately owned housing stock was nationalized and transferred to the jurisdiction of local Soviets, which were charged with the costs associated with maintenance of municipal houses. However, the local Councils, which took over the entire municipal housing stock, due to the lack of financial opportunities were not able to maintain it in proper condition, carry out major repairs, etc. At the same time, the relocation of residents from one room to another, which was widely practiced at that time by order of the housing authorities, the possibility of forced compaction of residents and the associated lack of confidence among citizens in their further residence in this room reduced the interest of residents in the proper maintenance of the occupied premises, in the production of repairs. Together, all these factors had a detrimental effect on the safety of the housing stock. For example, in the very first years of Soviet power in Moscow, 7,000 apartment buildings with 41,000 apartments were destroyed or fell into complete disrepair. Therefore, in order to prevent the destruction of houses, which had reached alarming proportions, the Council of People's Commissars of the RSFSR was issued on May 23, 1921. The Decree "On measures to improve living conditions of the working population and on measures to combat the destruction of dwellings. According to this Decree, the relevant departments were instructed to develop as soon as possible a regulation on the management of houses in cities with the assignment of responsibility for the safety of residential premises to house management. Residents living in the house should have been involved in control over the work of house administrations.
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SU RSFSR. 1918. N 62. Art. 674.

SU RSFSR. 1921. N 49. Art. 253.

This laid the foundation for the management of houses, including through decision-making by the residents of a particular house at their general meeting. However, unlike the legal nature of the general meeting of owners of premises in an apartment building legal nature general meeting of tenants was significantly different. The legal relationship of the persons participating in such meetings did not arise on the basis of the right of common ownership, but was based on the mode of use of the dwelling (living in it).

The regulation on house management was eventually approved by the Council of People's Commissars of the RSFSR on August 8, 1921 and provided for the general meeting of tenants to decide a number of issues related to house management. In particular, by decision of the annual general meeting of tenants, the head of the house was elected for a period of one year, who during this period directly managed the house on an ongoing basis; the general meeting of tenants also considered issues related to the reimbursement of part of the expenses for the current repair of the house, the remuneration of the head of the house, the early removal of the head of the house from the management of the house in case of improper performance of his duties, consideration of the estimate of heating costs and the solution of many other problems.
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There. N 60. Art. 411.

5. Over the past decades, the conditions for managing most of the apartment buildings have been formed by the authorities local government. The owners of premises in apartment buildings were essentially removed from the management of their buildings, which led to widespread disregard for the rights of such owners to participate in decision-making related to the maintenance, use and disposal of common property in the respective apartment buildings (when in most cases such decisions were made by housing maintenance organizations without taking into account the legitimate interests of the owners); to dominance administrative methods management, municipalization (essentially monopolization) of the sphere of management of apartment buildings; to the absence of economic and organizational prerequisites for the development of other forms of management of apartment buildings.

The concept of “housing management” contained in the RSFSR LC was based on the fact that such management as a whole was carried out exclusively by state or local authorities (Articles 16, 17 of the RSFSR LC), and directly by housing maintenance organizations, whose role was reduced mainly to the “operation and maintenance of the housing stock” (Articles 22, 129, 141, 144, 148 of the Housing Code of the RSFSR, etc.). Continuing to be used during the period of active formation of property in housing the management system of apartment buildings was unable to take into account the fact that most of the apartment buildings no longer belonged to the state and the new realities economic relations demanded not only to take into account the rights and legitimate interests of the owners of premises in apartment buildings, but also to protect their ownership of common property in apartment buildings, guaranteed primarily by the Constitution of the Russian Federation.

6. The principle of managing an apartment building laid down in the commented article, when the main and only body of such management is the general meeting of owners of premises in this house, is designed to radically change the current situation in the field of managing apartment buildings.

7. The general meeting of owners of premises in an apartment building, as a management body, has its own competence. The nature of such competence is again related to the regime of the owners' right of ownership to common property in an apartment building. At the same time, the constituent elements of the competence of the general meeting of owners of premises in an apartment building can be characterized as organizational and property-legal.

Organizational should include the determination of the main areas of management of common property in an apartment building, including the choice of a management method, a managing organization, decision-making on the creation and liquidation of a homeowners association, on the timing and procedure for holding annual general meetings of such owners, etc.

The property and legal components of the competence of the general meeting of owners of premises in an apartment building include making decisions on the procedure for use, within the established limits - on the disposal of common property in an apartment building, on setting fees for services and work on managing an apartment building, on the maintenance and current repair of common property in an apartment building, the amount of payment for the overhaul of an apartment building, on determining the terms of an agreement for managing an apartment building, etc.

8. housing code The Russian Federation allocates the exclusive competence of the general meeting of owners of premises in an apartment building. In particular, the mention of such competence is contained in.

The exclusivity is manifested in the fact that decisions on specific issues referred by the Housing Code of the Russian Federation to the competence of the general meeting of owners of premises in an apartment building cannot be accepted by another body or person (general meeting of members of an association of homeowners, the board of such an association, a managing organization, etc.).

If, on some issues, the competence of the general meeting of owners of premises in an apartment building of the Housing Code of the Russian Federation provides for the possibility of making decisions by another body, for example, the general meeting of members of the partnership as the supreme governing body of such a partnership in terms of deciding on leasing or transferring other rights to common property in an apartment building house, then decisions on issues such as the choice of how to manage an apartment building and the creation of an association of homeowners can only be taken by a general meeting of owners of premises in an apartment building.

What is common to questions of the exclusive competence of the assembly is the fundamental nature of these questions, the long-term effect of the decisions taken on them, the impossibility of resolving them in a different order without prejudice to the interests of the owners.

9. The commented article 44 of the LC RF directly defines the list of issues within the competence of the general meeting of owners of premises in an apartment building. At the same time, this list is essentially closed, since, despite the fact that not all issues of this competence are named in it, others can only be provided for by the LC RF.

10. Paragraph 1 of part 2 of the commented article refers to the competence of the general meeting of owners of premises in an apartment building to make decisions on the reconstruction of an apartment building (including its expansion or superstructure), the construction of outbuildings and other buildings, structures, structures, repair of common property in an apartment building.

11. Currently, the Housing Code of the Russian Federation expressly provides that a decision on the reconstruction, repair of an apartment building, its re-equipment can only be made by the owners of premises in an apartment building at their general meeting.

The imperative nature of this norm makes it impossible to freely interpret it and make decisions on these issues by persons who are not the indicated owners. At the same time, if the planned reconstruction of an apartment building will lead to a decrease in the size of the common property in this house, then, taking into account and the decision of the general meeting of owners of premises in this house, it must be taken unanimously by all these owners or unanimously by all the owners participating in the meeting, with a preliminary prior to the holding of this general meeting, obtaining the written consent of the owners not participating in the meeting for such a reconstruction (see commentary to articles 36 and 40 of the LC). This also applies to cases where one of the co-owners, without the permission of the others, rebuilds the common property in an apartment building, especially if this leads to a decrease in this property. Other co-owners have the right to demand that the common property be restored to its previous state. The corresponding requirement can be stated in accordance with Art. 304 of the Civil Code of the Russian Federation.

If any of the owners of premises in an apartment building is deprived of the opportunity to use some part of the common property, including access to it (for example, to the attic of the house), i.e. deprived of possession, then he has the right to file a claim for the recovery of a thing (Article 301 of the Civil Code). Such a claim can be brought both against any of the owners of the premises in this house, if he owns this part of the property, and against third parties. Moreover, if a vindication claim is filed with a third party (an illegal owner), then it is considered to be filed in the interests of all owners of premises in such a house. The satisfaction of this claim does not prejudge the issue of the procedure for using the common property, but only ensures that the plaintiff obtains possession of the common property, for example, gives the right to enter the attic.

12. The competence of the general meeting of owners of premises in an apartment building regarding the possibility of making decisions on the construction of outbuildings, other buildings, structures and structures is rather ambiguously formulated in clause 1, part 2 of the commented article 44 of the LC of Russia. The ambiguity is manifested in the fact that, firstly, at the same time it is not specified on which land plot such construction will be carried out, and, secondly, the purpose of the named objects is not indicated.

At first glance, it may seem that the general meeting of owners of premises in an apartment building has the right to decide, for example, on construction on a land plot that does not belong to the common property in such a house, office building or other apartment building.

However, we should not forget that in accordance with part 1 of the commented article, the general meeting of owners of premises in an apartment building is its governing body - a form of coordinating their wills and making decisions on the management of common property in this house, and the nature of the competence of this meeting is based on the regime of law ownership of these owners on the named property.

Accordingly, in this case, we can talk about making decisions on the construction of outbuildings, buildings, structures, structures only as part of the formation and improvement of the parameters of common property in an apartment building.

In accordance with the common property in an apartment building, in particular, the land plot on which the house is located, with landscaping and landscaping elements, as well as objects located on the specified land plot and intended for maintenance, operation and improvement of this house, are included. Therefore, the adoption of a decision by the general meeting of owners of premises in an apartment building in terms of the competence of this meeting under consideration may be conditioned by the construction only within the established boundaries of a land plot that is part of the common property in the indicated house, and only those outbuildings, buildings, structures, structures that will be are intended for maintenance, operation and improvement of this house.

13. Clause 2, part 2 of the commented article 44 of the Housing Code of the Russian Federation, the competence of the general meeting of owners of premises in an apartment building includes issues related to making decisions on the limits of the use of the land plot on which the apartment building is located, including the introduction of restrictions on the use of this site .

This competence of the general meeting of owners of premises in an apartment building is due to the fact that, in contrast to the previous legislation, the Housing Code of the Russian Federation attributed the land plot on which the apartment building is located, with elements of gardening and landscaping, to the common property of the owners of premises in an apartment building (see commentary to Art. .36 LCD). At the same time, in accordance with Art. 16 of the Introductory Law to the Housing Code of the Russian Federation in the existing development of settlements, a land plot on which an apartment building and other objects included in such a house are located real estate, is the common shared property of the owners of premises in an apartment building; This article regulates two cases: when the land plot has already been formed at the time of the entry into force of the RF LC and when its formation is required. In the first case, the land plot passes free of charge into the common shared ownership of the owners of premises in an apartment building by virtue of the law. In the second case, on the basis of any person authorized by the specified meeting has the right to apply to state authorities or local governments with an application for the formation of a land plot on which an apartment building is located. From the moment the land plot is formed and its state cadastral registration is carried out, such a plot also passes free of charge into the common shared ownership of the owners of premises in an apartment building.

The named owners have the right to exercise their powers to own, use and dispose of such a plot within the limits established by law, including the LC RF, in terms of restrictions on the regime for disposing of common property in an apartment building.

14. Articles 6 and 11.1 of the RF LC define a land plot as an object land relations- part of the earth's surface, the boundaries of which are determined in accordance with federal laws. According to paragraph 2 of Art. 261 of the Civil Code of the Russian Federation, the right of ownership to a land plot extends to the surface (soil) layer, water bodies, and plants located within the boundaries of this plot.

In a relationship land plots in established by law on the real estate cadastre order is carried out state cadastre new account. The state cadastral registration of real estate recognizes the actions of the authorized body to enter information about real estate into the state real estate cadastre, which confirm the existence of such real estate with characteristics that make it possible to determine this property as an individually defined thing.

The Town Planning Code of the Russian Federation, in order to determine the procedure for establishing boundaries and types of permitted use of land plots in settlements, provides for the adoption of urban planning regulations (types of permitted use of land plots established within the boundaries of the corresponding territorial zone, as well as everything that is above and below the surface of land plots and is used in the process of their construction and subsequent operation of facilities capital construction, limit (minimum and (or) maximum) sizes of land plots and limit parameters of permitted construction, reconstruction of capital construction objects, as well as restrictions on the use of land plots and capital construction objects) (Article 1).

The Housing Code of the Russian Federation, in turn, establishes that the boundaries and size of the land plot on which an apartment building is located are determined in accordance with the requirements land legislation and legislation on urban planning activities (clause 4, part 1, article 36).

15. The right to use a land plot as an element of the content of the right of ownership means the legal possibility of economic exploitation of such a plot by extracting its useful properties.

Such properties for the owners of premises in an apartment building are, first of all, the possibility of placing on their land plot (above or below the surface) landscaping elements and objects intended for maintenance, operation and improvement of such a house, as well as establishing restrictions on the use of this plot by other persons. Therefore, the limits of the use of a land plot are understood as the establishment of modes of use as separate parts such a plot, and the plot as a whole, determining the purpose of specific areas of the land plot, establishing restrictions on the use of the land plot by other persons, etc. In particular, a situation often arises when one group of owners in an apartment building is interested in locating a parking lot for their vehicles, the other - in the allocation of a larger area for playgrounds, the third - in planting trees and shrubs, the fourth - in the construction of a fence around the house and restricting free access to the site for persons not related to the house. It is possible to solve all these and other issues related to the limits of the use of the land plot by making decisions by the general meeting of owners of premises in an apartment building.

16. Paragraph 3 of part 2 of the commented article refers to the competence of the general meeting of owners of premises in an apartment building making decisions on the transfer of common property in an apartment building for use.

The implementation of the powers to use property, including those in common ownership, is the implementation of one of the elements that make up the content of the property right. Since the property is in common fractional ownership, the decision to transfer it for use is within the competence of the general meeting of owners of premises in an apartment building.

Touching upon the issue of subjects of law to which certain objects of common property in an apartment building can be transferred for use, it should be noted that, within its competence, the said general meeting has the right to decide on the transfer of this property to persons both from among the owners of this common property, and and from among any other persons. The subject composition may be taken into account when determining the amount of compensation for the property provided for use. Accordingly, if any property from the composition of the common property is provided for use by one of the participants in the common property, then the size of his share in the common property in this house may be taken into account when establishing the specified amount of compensation.

17. It is quite obvious that, although paragraph 3 of part 2 of the commented article 44 of the Housing Code of the Russian Federation provides for the possibility of transferring “common property in an apartment building” for use, this does not mean the possibility of transferring the entire composition of such common property, since this transmission violate legal regime use of the main objects of property in an apartment building - residential and non-residential premises. At the same time, Part 4 of Art. 36 of the Housing Code of the Russian Federation directly provides for the possibility of transferring to other persons exactly the objects of common property in an apartment building.

Thus, the general meeting of owners of premises in an apartment building, exercising the competence provided for in clause 3, part 2 of the commented article, resolves issues related to the provision for use of specific objects of common property of owners of premises in an apartment building.

At the same time, it should be taken into account that not all parts of the common property, due to their functional purpose may be made available for use. Objects such as an entrance, elevator and ventilation shafts, technical accounting systems and devices, flights of stairs and landings and other similar objects that are inextricably linked with the life support systems of the entire apartment building and constantly provide functional purpose residential and non-residential premises in this house cannot be provided for use. Other objects such as attic space, basements, land plots, etc., can be provided for use, if this does not lead to infringement of the rights and legitimate interests of the owners of premises in an apartment building, disruption of the operation of such a house.

18. Practice shows that, despite the fact that even before the entry into force of the Housing Code of the Russian Federation, many elements of an apartment building were attributed by the Civil Code of the Russian Federation (Article 290) to objects of common property of this house, such objects were transferred by city administrations for use to third parties without the participation of themselves the owners of the said objects.

The placement of outdoor advertising on the walls and roofs of apartment buildings is quite widespread. Federal Law No. 108-FZ of July 18, 1995 “On Advertising”, which was in force until July 1, 2006, provided that the placement of advertising, including on buildings, structures, and other objects, and the determination of the amount and procedure for paying fees for advertising are carried out on the basis of an agreement with the owner or with a person who has property rights to these objects, with the permission of the relevant local government. Federal Law of March 13, 2006 N 38-FZ "On Advertising" also provides that the installation and operation of an advertising structure is carried out by its owner under an agreement with the owner of the land, building or other real estate to which the advertising structure is attached, or with a person , the authorized owner of such property.
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SZ RF. 1995. N 30. Art. 2864.

SZ RF. 2006. N 12. Art. 1232.

At the same time, local self-government bodies and state authorities of such subjects of the Federation as cities federal significance Moscow and St. Petersburg not only issued permits, but also concluded contracts for the placement of outdoor advertising without taking into account the provisions of both the previous and the newer of the named Federal Laws and the Civil Code of the Russian Federation (Article 247), i.e. without the permission of the copyright holders of the advertising placements.
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Thus, in some cities, the authorized bodies made decisions obliging advertisers and advertising producers to conclude contracts for advertising placement not with the owners of common property in apartment buildings that are used for advertising, but with the city authorized body or with a city agency created by it for these purposes. unitary enterprise. At the same time, they introduced such non-legal concepts as “advertising space”, “advertising space”, which belong to them on the basis of ownership. For example, Decree of the Government of Moscow of January 22, 2002 N 41-PP "On the prospects for development and the rules for placing outdoor advertising, information and design of the city" provided that the placement of outdoor advertising and information is carried out on the basis of a distribution permit outdoor advertising, an agreement with the Committee for Advertising, Information and Design of Moscow, if the amount of payment under the agreement exceeds 2 million rubles per year, or with the state unitary enterprise of Moscow City Advertising and Information, if the amount of payment under the agreement does not exceed 2 million rubles a year. At the same time, when the question arises of the need to coordinate the placement of outdoor advertising on the wall or roof of an apartment building with citizens living in this building and owning apartments on a property basis, the said Committee obliges to coordinate such placement only with the management of a single customer, replacing the decision of the owners to provide an object common property in an apartment building for use by the decision of this organization as a balance holder. Thus, this Committee unlawfully considered the so-called balance holder (service organization) as the sole owner of the apartment building.

The Housing Code of the Russian Federation expressly provides that the decision to transfer common property in an apartment building for use can only be made by the owners of premises in an apartment building at their general meeting. Decisions of other bodies and persons cannot replace the decision of such a general meeting. At the same time, the provision by the owners for a fee of individual structural elements of apartment buildings in order to use them for advertising, communication equipment, etc. can serve as an additional financial source maintenance of the common property of an apartment building.

At the same time, the ongoing numerous and widespread violations of the rights of owners of premises in apartment buildings on the issue of advertising served as the basis for introducing additional changes to the legislation, including the commented article. Now, the decision-making on the conclusion of contracts for the installation and operation of advertising structures is directly assigned to the competence of the general meeting of owners of premises in an apartment building. At the same time, clause 3.1 of part 2 of the commented article falls within the competence of the said meeting to determine the circle of persons who, on behalf of the owners of premises in an apartment building, are authorized to conclude agreements on the use of the common property of owners of premises in an apartment building (including contracts for installation and operation advertising structures) on the terms determined by the decision of the general meeting. The document confirming the consent of these owners to the installation and operation of the advertising structure is the minutes of the general meeting of such owners.
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Changes clarifying the competence of the general meeting in matters of adoption by the owners of premises in apartment buildings of decisions on the placement of advertising came into force on September 29, 2009.

See: paragraph 2 of part 11 of Art. 19 of the Federal Law of March 13, 2006 N 38-FZ "On Advertising" // SZ RF. 2006. N 12. Art. 1232.

19. Paragraph 4, part 2 of the commented article 44 of the Housing Code of the Russian Federation refers to the competence of the general meeting of owners of premises in an apartment building the issue related to the choice of a method for managing an apartment building.

The general meeting of owners of premises in an apartment building, for all its importance as the only governing body of such a house and as a form of expression of the will of these owners, is still not a flexible enough tool to manage all current activities for managing this house. In this regard, it obliges the owners of premises in an apartment building to choose at their general meeting a method for managing such a house. At the same time, the Housing Code of the Russian Federation provides for the possibility of choosing one of several ways to manage an apartment building: direct management, management of a homeowners association or a housing cooperative or other specialized consumer cooperative created in order to meet the needs of citizens in housing in accordance with the federal law on such a cooperative, or management managing organization (see the commentary to the articles of section VIII of the LCD).

The choice of a management method does not mean the termination of the general meeting of owners of premises in an apartment building as a management body for this house or the loss of its powers. Part 1 of the commented article does not provide for any exceptions in this case. In addition, an annual general meeting must be held. At the same time, the imperativeness of this norm is also not made dependent on the chosen method of management.

20. It should be noted that part 2 of the commented article was supplemented with a new clause - clause 4.1, in connection with which the requirements for voting were “delineated” when deciding by the general meeting on issues of major repairs and current repairs of common property in an apartment building. If it is necessary to obtain a majority of at least 2/3 of the total number of votes of the owners of premises in an apartment building to resolve the issue of a major overhaul, then the issue of the current repair of common property in an apartment building is adopted by a majority vote of the total number of votes of the owners of the premises participating in this meeting in an apartment building.

21. In case of choosing a direct method of management, the general meeting of owners of premises in an apartment building continues to exercise its powers as a management body for an apartment building.

When choosing a method of managing an apartment building by a partnership of homeowners or a housing cooperative, the general meeting of owners of premises in an apartment building entrusts the exercise of part of its powers to another subject of law. At the same time, it should be borne in mind that the indicated management body of an apartment building does not transfer its powers (they remain with it), but the possibility of their implementation. Such a transfer is a way of exercising the powers of the named management body of an apartment building, and not a way of alienating them, in which this body lose those powers. In this case, it should be remembered that the owner of the premises in this building is the direct bearer of the right to manage an apartment building and his right to manage an apartment building follows from his ownership of the premises in this house. Since each such owner is only the owner of a share in the ownership of the common property of the house (Article 289 of the Civil Code,), then, as already indicated, there is an objective need for collective decision-making on issues affecting common interests. Such a collective body is the general meeting of these owners, therefore it is the collective of owners who has the full rights to manage their property (common property of an apartment building). Other persons, such as a partnership of homeowners, a housing cooperative, get the opportunity to exercise individual powers to manage an apartment building from the owners of premises in this house on the basis of a decision of the general meeting of owners. This principle underlies the concept of managing an apartment building.

The owners of premises in an apartment building, choosing a way to manage their home with the granting of a certain part of their powers to manage it to another subject of law, in essence, undertake to refrain from active actions that impede the exercise of these powers.

22. Paragraph 5 of part 2 of the commented article provides for the possibility of attributing to the competence of the general meeting of owners of premises in an apartment building and other issues directly attributed by the Housing Code of the Russian Federation to the competence of the named management body of an apartment building. In particular, the LC RF refers to such issues as:

- establishing the timing, procedure for holding the annual general meeting of owners of premises in an apartment building and the procedure for notifying these owners of their decisions, determining the method for delivering a message about holding a general meeting (see commentary to Article 45 of the LC);

- making decisions on the creation of an association of homeowners (see.

2. The competence of the general meeting of owners of premises in an apartment building includes:

1.1) making decisions on the choice of a method for forming a capital repair fund, the choice of a person authorized to open a special account with a Russian credit institution, and to carry out transactions with funds held on a special account;

1.1-1) making decisions on the amount of the capital repair contribution in terms of exceeding its size over the established minimum capital repair contribution, the minimum capital repair fund in terms of exceeding its size over the established minimum capital repair fund (if the law of the subject of the Russian Federation, the minimum size of the overhaul fund is established), the placement of temporarily free funds of the overhaul fund, formed on a special account, on a special deposit in a Russian credit institution;

Information about changes:

Federal Law No. 271-FZ of December 25, 2012 supplemented Part 2 of Article 44 of this Code with Clause 1.2

1.2) making decisions on the receipt by a homeowners association or a housing construction cooperative, a housing cooperative or other specialized consumer cooperative, a managing organization and with the direct management of an apartment building by the owners of premises in this house by a person authorized by the decision of the general meeting of such owners, a loan or loan for capital repair of common property in an apartment building, on determining the essential terms of a loan agreement or loan agreement, on the receipt by these persons of a guarantee, surety for this loan or loan and on the conditions for obtaining the said guarantee, surety, as well as repayment at the expense of the capital repair fund of a loan or loan used to pay the costs of major repairs of common property in an apartment building, and on the payment of interest for the use of this credit or loan, payment at the expense of the capital repairs fund of the costs of obtaining these guarantees, the guarantor stva;

2) making decisions on the limits of the use of the land plot on which the apartment building is located, including the introduction of restrictions on its use, as well as on the conclusion of an agreement on the establishment of an easement, an agreement on the implementation of a public easement in relation to a land plot related to common property in an apartment building ;

Information about changes:

Part 2 was supplemented by paragraph 2.1 from December 31, 2017 - Federal Law of December 20, 2017 N 416-FZ

Information about changes:

Federal Law No. 263-FZ of July 21, 2014 supplemented Part 2 of Article 44 of this Code with Clause 3.2

3.2) making decisions on the use of the system or other information systems during the general meeting of owners of premises in an apartment building in the form of absentee voting;

Information about changes:

Federal Law No. 263-FZ of July 21, 2014 supplemented Part 2 of Article 44 of this Code with Clause 3.3

Information about changes:

Federal Law No. 263-FZ of July 21, 2014 supplemented Part 2 of Article 44 of this Code with Clause 3.4

Information about changes:

Federal Law No. 176-FZ of June 29, 2015 supplemented Part 2 of Article 44 of this Code with Clause 3.5

3.5) making a decision on the procedure for financing the costs associated with convening and organizing the holding by the managing organization, the board of a homeowners' association, a housing or housing-construction cooperative, another specialized consumer cooperative of a general meeting in accordance with part 6 of Article 45 of this Code;

4) choice of a way to manage an apartment building;

4.1) making decisions on the current repair of common property in an apartment building;

Information about changes:

Federal Law No. 176-FZ of June 29, 2015 supplemented Part 2 of Article 44 of this Code with Clause 4.2

4.2) making a decision on empowering the council of an apartment building with the authority to make decisions on the current repair of common property in an apartment building;

Information about changes:

Federal Law No. 176-FZ of June 29, 2015 supplemented Part 2 of Article 44 of this Code with Clause 4.3

4.3) making a decision on empowering the chairman of the council of an apartment building with the authority to make decisions on issues not specified in part 5 of article 161.1 of this Code, with the exception of the powers falling within the competence of the general meeting of owners of premises in an apartment building;

Information about changes:

Part 2 was supplemented by paragraph 4.4 from April 3, 2018 - Federal Law of April 3, 2018 N 59-FZ

4.4) making a decision on the conclusion by the owners of premises in an apartment building, acting on their own behalf, in the manner prescribed by this Code, respectively, contracts for cold and hot water supply, sanitation, electricity, gas supply (including the supply of domestic gas in cylinders), heating (heat supply , including the supply of solid fuel in the presence of stove heating) (hereinafter also referred to as an agreement containing provisions on the provision of public services), agreements for the provision of services for the treatment of municipal solid waste with a resource supply organization, a regional operator for the treatment of municipal solid waste;

Information about changes:

Part 2 was supplemented by paragraph 4.5 from June 9, 2019 - Federal Law of May 29, 2019 N 116-FZ

4.5) making a decision on consent to the transfer of residential premises to non-residential premises;

5) other issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building.

The current version is dated December 27, 2019, with amendments and additions that entered into force on January 1, 2020

Chapter 6. Common property of owners of premises in an apartment building. General meeting of such owners

Housing and communal services consultant of the Russian Federation 19.01.2013 01.01.2020

Housing Code of the Russian Federation dated December 29, 2004

Chapter 6. COMMON PROPERTY OF OWNERS OF PREMISES IN AN APARTMENT BUILDING. GENERAL MEETING OF SUCH OWNERS

Article 36

1. The owners of premises in an apartment building shall own the common property in an apartment building on the basis of common shared ownership, namely:

1) premises in this house that are not part of apartments and intended to serve more than one room in this house, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements in which there are engineering communications, other equipment serving more than one room in this house (technical basements);

2) other premises in this house that do not belong to individual owners and are intended to meet the social and everyday needs of the owners of premises in this house, including premises intended for organizing their leisure, cultural development, children's creativity, physical culture and sports, and similar events;

3) roofs enclosing load-bearing and non-bearing structures of this house, mechanical, electrical, sanitary and other equipment (including structures and (or) other equipment designed to ensure unhindered access of persons with disabilities to premises in an apartment building) located in this home outside or inside the premises and serving more than one premises;
(as amended by Federal Law No. 462-FZ of December 29, 2017)

4) the land plot on which this house is located, with elements of gardening and improvement, other objects intended for maintenance, operation and improvement of this house and located on the specified land plot. The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning.
(Part 1 as amended by Federal Law No. 123-FZ dated 04.06.2011)

2. The owners of premises in an apartment building own, use and, within the limits established by this Code and civil legislation, dispose of common property in an apartment building.

3. Reducing the size of common property in an apartment building is possible only with the consent of all owners of premises in this house through its reconstruction.

4. By decision of the owners of premises in an apartment building, adopted at a general meeting of such owners, objects of common property in an apartment building may be transferred for use to other persons if this does not violate the rights and legitimate interests of citizens and legal entities.

4.1. Adaptation of common property in an apartment building to ensure unhindered access for persons with disabilities to premises in an apartment building in accordance with the requirements specified in paragraph 3 of Article 15 of this Code is allowed without a decision of the general meeting of owners of premises in an apartment building only if such adaptation is carried out without attracting funds specified owners.
(part 4.1 introduced federal law dated December 29, 2017 No. 462-FZ)

5. The land plot on which an apartment building is located may be encumbered with the right of limited use by other persons. It is not allowed to prohibit the establishment of an encumbrance on a land plot if it is necessary to ensure access of other persons to objects that existed before the day this Code came into force. A new encumbrance of a land plot with the right of limited use is established by agreement between the person requiring such encumbrance of a land plot and the owners of premises in an apartment building. Disputes on the establishment of encumbrance of a land plot with the right of limited use or on the conditions of such an encumbrance shall be resolved in judicial order. A public easement in relation to a land plot is established in accordance with land legislation.

6. In case of destruction, including accidental death, demolition of an apartment building, the owners of premises in an apartment building retain a share in the right of common shared ownership of the land plot on which this house was located, with landscaping and landscaping elements and other intended for maintenance, operation and improvement of this house objects located on the specified land plot, in accordance with the share in the right of common shared ownership of common property in an apartment building at the time of destruction, including accidental death, demolition of such a house. These owners own, use and dispose of the property provided for by this part in accordance with civil legislation.
(Part six was introduced by Federal Law No. 232-FZ of December 18, 2006)

Article 36.1. General funds held in a special account

(Introduced by Federal Law No. 271-FZ of December 25, 2012)

1. The owners of premises in an apartment building own the rights to the funds held on a special account intended for transferring funds for the overhaul of common property in an apartment building and opened with a credit institution (hereinafter referred to as a special account), and formed from contributions to capital repairs, penalties paid in connection with improper performance of the obligation to pay such contributions, and interest accrued by the credit institution for the use of funds in a special account.

2. The share of the owner of premises in an apartment building in the right to funds held in a special account is proportional to the total amount of contributions for capital repairs paid by the owner of such premises and the previous owner of such premises.

3. The right of the owner of premises in an apartment building to a share of funds held in a special account follows the fate of the ownership of such premises.

4. Upon transfer of ownership of a premise in an apartment building, the share of the new owner of such premises in the right to funds held in a special account is equal to the share in the right to the said funds of the previous owner of such premises.

5. The owner of premises in an apartment building is not entitled to demand the allocation of his share of funds held in a special account.

6. When acquiring ownership of premises in an apartment building, a share in the right to funds held in a special account shall be transferred to the purchaser of such premises.

7. The terms of the agreement, according to which the transfer of ownership of the premises in an apartment building is not accompanied by the transfer of a share in the right to funds held in a special account, are void.

Article 37

1. The share in the right of common ownership of common property in an apartment building of the owner of the premises in this house is proportional to the size total area the specified premises.

2. The share in the right of common ownership of common property in an apartment building of the owner of the premises in this house follows the fate of the ownership of the said premises.

3. Upon transfer of ownership of a premise in an apartment building, the share in the common ownership of the common property in this house of the new owner of such premises is equal to the share in the common ownership of the said common property of the previous owner of such premises.

4. The owner of premises in an apartment building is not entitled to:

1) to carry out a division in kind of his share in the right of common ownership of common property in an apartment building;
2) alienate his share in the right of common ownership of common property in an apartment building, as well as perform other actions that entail the transfer of this share separately from the ownership of the specified premises.

Article 38

1. When acquiring ownership of premises in an apartment building, a share in the right of common ownership of common property in an apartment building is transferred to the acquirer.

2. The terms of the contract, by which the transfer of ownership of the premises in an apartment building is not accompanied by the transfer of a share in the common ownership of the common property in such a house, are void.

Article 39. Maintenance of common property in an apartment building

1. The owners of premises in an apartment building bear the burden of expenses for the maintenance of common property in an apartment building.

2. The share of mandatory expenses for the maintenance of common property in an apartment building, the burden of which is borne by the owner of premises in such a house, is determined by the share in the right of common ownership of common property in such a house of the indicated owner.

3. The rules for maintaining common property in an apartment building are established by the Government of the Russian Federation.
(as amended by Federal Laws No. 160-FZ dated July 23, 2008, No. 237-FZ dated July 27, 2010)

4. In accordance with the principles established by the Government of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation establish lists of measures to save energy and improve energy efficiency in relation to the common property of the owners of premises in an apartment building, to be carried out at a time and (or) regularly.
(Part four was introduced by Federal Law No. 261-FZ of November 23, 2009)

Article 40

1. The owner of a premise in an apartment building, upon acquiring ownership of a premise adjacent to a premise belonging to him by right of ownership in an apartment building, has the right to combine these premises into one premise in accordance with the procedure established by Chapter 4 of this Code. The boundaries between adjacent premises may be changed or these premises may be divided into two or more premises without the consent of the owners of other premises, if such a change or division does not entail a change in the boundaries of other premises, the boundaries and size of common property in an apartment building or a change shares in the right of common ownership of the common property in this house.

2. If the reconstruction, reorganization and (or) redevelopment of the premises is not possible without attaching to them a part of the common property in an apartment building, the consent of all owners of the premises in the apartment building must be obtained for such reconstruction, reorganization and (or) redevelopment of the premises.

Article 41

1. Owners of rooms in communal apartment belong on the basis of common shared ownership of the premises in this apartment used to service more than one room (hereinafter referred to as common property in a communal apartment).

2. Changing the size of the common property in a communal apartment is possible only with the consent of all the owners of the rooms in this apartment through its reconstruction and (or) redevelopment.

Article 42

1. The share in the right of common ownership of common property in a communal apartment of the owner of a room in this apartment is proportional to the size of the total area of the said room.

2. The share in the right of common ownership of common property in an apartment building of the owner of a room in a communal apartment located in this house is proportional to the sum of the total area of the specified room and determined in accordance with the share in the right of common ownership of common property in a communal apartment of this owner of the area premises constituting common property in this apartment.

3. The share in the right of common ownership of common property in a communal apartment of the owner of a room in this apartment follows the fate of the ownership right to the said room.

4. Upon transfer of ownership of a room in a communal apartment, the share in the common ownership of the common property in this apartment of the new owner of such a room is equal to the share in the common ownership of the said common property of the previous owner of such a room.

5. The owner of a room in a communal apartment is not entitled to:

1) to carry out a division in kind of his share in the right of common ownership of common property in this apartment;
2) alienate his share in the right of common ownership of the common property in this apartment, as well as perform other actions that entail the transfer of this share separately from the ownership of the specified room.

6. When selling a room in a communal apartment, the other owners of the rooms in this communal apartment have the pre-emptive right to purchase the alienated room in the manner and on the terms established by the Civil Code of the Russian Federation.

Article 43. Maintenance of common property in a communal apartment

1. The owners of rooms in a communal apartment bear the burden of maintaining the common property in this apartment.

2. The share of mandatory expenses for the maintenance of common property in a communal apartment, the burden of which is borne by the owner of a room in this apartment, is determined by the share in the right of common ownership of common property in this apartment of the specified owner.

Article 44

1. The general meeting of owners of premises in an apartment building is the management body of an apartment building. The general meeting of owners of premises in an apartment building is held for the purpose of managing an apartment building by discussing agenda items and making decisions on issues put to a vote.
(As amended by Federal Law No. 176-FZ dated June 29, 2015)

1.1. Persons who have accepted from the developer (the person providing the construction of an apartment building) after issuing him permission to put the apartment building into operation of the premises in this house according to the deed of transfer or other transfer document, have the right to take part in general meetings of owners of premises in the apartment building and make decisions on issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building, in the manner prescribed by this Code, within a year from the date of issuance of a permit to put the apartment building into operation.
(Part 1.1 was introduced by Federal Law No. 485-FZ of December 31, 2017)

2. The competence of the general meeting of owners of premises in an apartment building includes:

1) making decisions on the reconstruction of an apartment building (including with its expansion or superstructure), the construction of outbuildings and other buildings, structures, structures, the overhaul of common property in an apartment building, on the use of the capital repair fund, on the reconstruction and (or) redevelopment of the premises, which is part of the common property in an apartment building;
(as amended by Federal Laws No. 123-FZ of 04.06.2011, No. 271-FZ of 25.12.2012, No. 558-FZ of 27.12.2018)
1.1) making decisions on the choice of a method for forming a capital repair fund, the choice of a person authorized to open a special account with a Russian credit institution, and to carry out transactions with funds held on a special account;
(Clause 1.1 as amended by Federal Law No. 257-FZ of July 29, 2017)
1.1-1) making decisions on the amount of the capital repair contribution in terms of exceeding its size over the established minimum capital repair contribution, the minimum capital repair fund in terms of exceeding its size over the established minimum capital repair fund (if the law of the subject of the Russian Federation, the minimum size of the overhaul fund is established), the placement of temporarily free funds of the overhaul fund, formed on a special account, on a special deposit in a Russian credit institution;
(Clause 1.1-1 as amended by Federal Law No. 257-FZ of July 29, 2017)
1.2) making decisions on the receipt by a homeowners association or a housing construction cooperative, a housing cooperative or other specialized consumer cooperative, a managing organization and with the direct management of an apartment building by the owners of premises in this house by a person authorized by the decision of the general meeting of such owners, a loan or loan for capital repair of common property in an apartment building, on determining the essential terms of a loan agreement or loan agreement, on the receipt by these persons of a guarantee, surety for this loan or loan and on the conditions for obtaining the said guarantee, surety, as well as repayment at the expense of the capital repair fund of a loan or loan used to pay the costs of major repairs of common property in an apartment building, and on the payment of interest for the use of this credit or loan, payment at the expense of the capital repairs fund of the costs of obtaining these guarantees, the guarantor stva;
(Clause 1.2 was introduced by Federal Law No. 271-FZ of December 25, 2012)
2) making decisions on the limits of the use of the land plot on which the apartment building is located, including the introduction of restrictions on its use, as well as on the conclusion of an agreement on the establishment of an easement, an agreement on the implementation of a public easement in relation to a land plot related to common property in an apartment building ;
(as amended by Federal Law No. 341-FZ of August 3, 2018)
2.1) making decisions on the improvement of the land plot on which the apartment building is located and which relates to the common property of the owners of premises in the apartment building, including the placement, maintenance and operation of landscaping and landscaping elements on the specified land plot;
(Clause 2.1 was introduced by Federal Law No. 416-FZ of December 20, 2017)
3) making decisions on the use of the common property of the owners of premises in an apartment building by other persons, including the conclusion of contracts for the installation and operation of advertising structures, if it is planned to use the common property of the owners of premises in an apartment building for their installation and operation;
(Clause 3 as amended by Federal Law No. 228-FZ of September 27, 2009)
3.1) making decisions on determining the persons who, on behalf of the owners of premises in an apartment building, are authorized to conclude agreements on the use of common property of owners of premises in an apartment building (including contracts for the installation and operation of advertising structures), to submit documents for approval of the reconstruction and ( or) redevelopment of the premises, which is part of the common property in an apartment building, for the conclusion of an agreement on the establishment of an easement, an agreement on the implementation of a public easement in relation to a land plot related to the common property of the owners of premises in an apartment building, and on persons authorized to sign these agreements , as well as on the procedure for receiving funds provided for by these agreements on the terms determined by the decision of the general meeting;
(Clause 3.1 was introduced by Federal Law No. 228-FZ of September 27, 2009; as amended by Federal Laws No. 341-FZ of August 3, 2018, No. 558-FZ of December 27, 2018)
3.2) making decisions on the use of the system or other information systems during the general meeting of owners of premises in an apartment building in the form of absentee voting;
(Clause 3.2 was introduced by Federal Law No. 263-FZ of July 21, 2014)
3.3) making decisions on determining the persons who, on behalf of the owners of premises in an apartment building, are authorized to use the system or other information systems when holding a general meeting of owners of premises in an apartment building in the form of absentee voting (hereinafter referred to as the administrator of the general meeting);
(Clause 3.3 was introduced by Federal Law No. 263-FZ of July 21, 2014)
3.4) making a decision on the procedure for the administrator of the general meeting to receive messages about holding general meetings of owners of premises in an apartment building, decisions of owners of premises in an apartment building on issues put to a vote, as well as on the duration of voting on the agenda of the general meeting of owners of premises in an apartment building in the form of absentee voting using the system;
(Clause 3.4 was introduced by Federal Law No. 263-FZ of July 21, 2014)
3.5) making a decision on the procedure for financing the costs associated with convening and organizing the holding by the managing organization, the board of a homeowners' association, a housing or housing-construction cooperative, another specialized consumer cooperative of a general meeting in accordance with part 6 of Article 45 of this Code;
(Clause 3.5 was introduced by Federal Law No. 176-FZ of June 29, 2015)
4) choice of a way to manage an apartment building;
4.1) making decisions on the current repair of common property in an apartment building;
(Clause 4.1 was introduced by Federal Law No. 123-FZ of 04.06.2011)
4.2) making a decision on empowering the council of an apartment building with the authority to make decisions on the current repair of common property in an apartment building;
(Clause 4.2 was introduced by Federal Law No. 176-FZ of June 29, 2015)
4.3) making a decision on empowering the chairman of the council of an apartment building with the authority to make decisions on issues not specified in part 5 of article 161.1 of this Code, with the exception of the powers falling within the competence of the general meeting of owners of premises in an apartment building;
(Clause 4.3 was introduced by Federal Law No. 176-FZ of June 29, 2015)
4.4) making a decision on the conclusion by the owners of premises in an apartment building, acting on their own behalf, in the manner prescribed by this Code, respectively, contracts for cold and hot water supply, sanitation, electricity, gas supply (including the supply of domestic gas in cylinders), heating (heat supply , including the supply of solid fuel in the presence of stove heating) (hereinafter also referred to as an agreement containing provisions on the provision of public services), agreements for the provision of services for the treatment of municipal solid waste with a resource supply organization, a regional operator for the treatment of municipal solid waste;
(Clause 4.4 was introduced by Federal Law No. 59-FZ of April 3, 2018)
4.5) making a decision on consent to the transfer of residential premises to non-residential premises;
(Clause 4.5 was introduced by Federal Law No. 116-FZ of May 29, 2019)
5) other issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building.

Article 44.1. Forms of holding a general meeting of owners of premises in an apartment building

(Introduced by Federal Law No. 176-FZ dated June 29, 2015)

The general meeting of owners of premises in an apartment building can be held through:

1) in-person voting (joint presence of the owners of premises in this building to discuss agenda items and make decisions on issues put to a vote);
2) absentee voting (by poll or using the system in accordance with Article 47.1 of this Code);
3) absentee voting.

Article 45

1. The owners of premises in an apartment building are obliged to hold an annual general meeting of owners of premises in an apartment building every year. Unless otherwise established by the general meeting of owners of premises in an apartment building, the annual general meeting of owners of premises in an apartment building is held during the second quarter of the year following the reporting year, in the manner prescribed by this article.
(As amended by Federal Law No. 176-FZ dated June 29, 2015)

2. 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.

3. The general meeting of owners of premises in an apartment building is competent (has a quorum) if it was attended by the owners of premises in this building or their representatives with more than fifty percent of the votes of the total number of votes, with the exception of the general meeting of owners of premises in an apartment building, conducted on the issue specified in clause 4.5 of part 2 of Article 44 of this Code. 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 general meeting of owners of premises in an apartment building, held on the issue specified in clause 4.5 of part 2 of Article 44 of this Code, is competent (has a quorum):

1) if there is more than one entrance in an apartment building, if the general meeting of owners of premises in an apartment building was attended by the owners of premises in this apartment building or their representatives, who have more than fifty percent of the votes of the total number of votes of owners of premises in this apartment building , including owners of premises in an apartment building, in the entrance of which the transferred premises are located, having more than two-thirds of the votes of the total number of votes of such owners;

2) if there is one entrance in an apartment building, if the general meeting of owners of premises in an apartment building was attended by the owners of premises in this apartment building or their representatives, who have more than two-thirds of the votes of the total number of votes of owners of premises in this apartment building.
(Part 3 as amended by Federal Law No. 116-FZ of May 29, 2019)

3.1. Managing organization, the board of a homeowners' association, a housing or housing-construction cooperative, another specialized consumer cooperative are obliged to maintain a register of owners of premises in an apartment building, which contains information that allows the identification of the owners of premises in this apartment building (last name, first name, patronymic (if any) of the owner of the premises in an apartment building, full name and main state registration number legal entity, if the owner of the premises in the apartment building is a legal entity, the number of the premises in the apartment building, the owner of which is an individual or legal entity), as well as information on the size of their shares in the right of common ownership of the common property of the owners of premises in the apartment building. Upon receipt by the managing organization, the board of a homeowners' association, a housing or housing-construction cooperative, another specialized consumer cooperative, an appeal in writing, including an appeal using the system, the owner or other person specified in this article, on whose initiative a general meeting of owners of premises in an apartment building, on the provision of a register of owners of premises in an apartment building, these persons are obliged, within five days from the date of receipt of such an application, to provide the owner or other person specified in this article with this register. The consent of the owners of premises in an apartment building to the transfer of personal data contained in the register of owners of premises in an apartment building, when this register is provided in the manner prescribed by this part, in order to convene and organize a general meeting of owners of premises in an apartment building, is not required.
(Part 3.1 was introduced by Federal Law No. 485-FZ of December 31, 2017)

4. The owner, other person specified in this Code, on whose initiative a general meeting of owners of premises in an apartment building is convened, are obliged to inform the owners of premises in this house 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.
(as amended by Federal Laws No. 176-FZ dated June 29, 2015, No. 257-FZ dated July 29, 2017)

5. The notice of holding a general meeting of owners of premises in an apartment building must contain:

1) information about the person on whose initiative this meeting is convened;
2) the form of holding this meeting (in-person, absentee or in-person voting);
(Clause 2 as amended by Federal Law No. 176-FZ dated June 29, 2015)
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.

6. Owners who have at least ten percent of the votes of the total number of votes of the owners of premises in an apartment building have the right to apply in writing to the managing organization or the board of a homeowners' association, housing or housing construction cooperative, other specialized consumer cooperative to organize a general meetings of owners of premises in an apartment building. In the application for holding a general meeting of owners of premises in an apartment building, issues to be included in the agenda of the meeting should be formulated. At the request of the owners, the managing organization, the board of a homeowners' association, a housing or housing-construction cooperative, or another specialized consumer cooperative are obliged to take the measures necessary for holding a general meeting of owners of premises in an apartment building within forty-five days from the date of receipt of the application, but no later than less than ten days before the date of the general meeting, notify each owner of the premises in this house of the holding of this general meeting in in due course, as well as arrange Required documents based on the results of this general meeting and ensure that they are brought to the attention of the owners of premises in this house in the manner prescribed by paragraph 3 of Article 46 of this Code.
(Part 6 was introduced by Federal Law No. 176-FZ of June 29, 2015)

7. A general meeting of owners of premises in an apartment building may be convened at the initiative of the managing organization that manages this apartment building under a management agreement. At the same time, the agenda of such a meeting may include issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building.
(Part 7 was introduced by Federal Law No. 176-FZ of June 29, 2015)

Article 46. Decisions of the general meeting of owners of premises in an apartment building

1. Decisions of the general meeting of owners of premises in an apartment building on issues put to a vote are taken by a majority of votes from the total number of votes of the owners of premises in an apartment building participating in this meeting, with the exception of the decisions provided for in paragraphs 1.1, 4.2 of part 2 of Article 44 of this Code, which are accepted by more than fifty percent of the votes of the total number of votes of the owners of premises in an apartment building, and the decisions provided for in clauses 1, 1.1-1, 1.2, 2, 3, 3.1, 4.3 of part 2 of Article 44 of this Code, which are taken by a majority of at least two-thirds votes from the total number of votes of the owners of premises in an apartment building, as well as the decision provided for by clause 4.5 of part 2 of article 44 of this Code, which is taken in accordance with part 1.2 this article. Decisions of the general meeting of owners of premises in an apartment building are drawn up in minutes in accordance with the requirements established federal body executive power, carrying out the functions of developing and implementing public policy and legal regulation in the field of housing and communal services. Decisions and minutes of the general meeting of owners of premises in an apartment building are official documents as documents certifying facts that entail legal consequences in the form of imposing obligations on the owners of premises in an apartment building with respect to common property in this building, changing the scope of rights and obligations or releasing these owners from duties, and are subject to placement in the system by the person who initiated the general meeting. The originals of decisions and minutes of the general meeting of owners of premises in an apartment building are subject to mandatory submission by the person on whose initiative the general meeting was convened, to the managing organization, the board of a homeowners' association, a housing or housing-construction cooperative, another specialized consumer cooperative, and in the case of a direct method of managing an apartment building, to a body of state housing supervision no later than ten days after holding a general meeting of owners of premises in an apartment building. Copies of decisions and minutes of the general meeting of owners of premises in an apartment building on the issue specified in clause 4.4 of part 2 of article 44 of this Code shall also be sent by the person on whose initiative the general meeting was convened, within the period specified in this part, to the resource supply organization, regional operator for the treatment of municipal solid waste, with which the owners of premises in an apartment building, acting on their own behalf, will, in accordance with the decision, conclude agreements containing provisions on the provision of public services.
(as amended by Federal Laws No. 228-FZ of 27.09.2009, No. 176-FZ of 29.06.2015, No. 355-FZ of 03.07.2016, No. 416-FZ of 20.12.2017, No. 485-FZ of 31.12.2017 , dated 04/03/2018 N 59-FZ, dated 11/28/2018 N 435-FZ, dated 05/29/2019 N 116-FZ)

1.1. The managing organization, the board of a partnership of homeowners, a housing or housing-construction cooperative, or another specialized consumer cooperative, within five days from the date of receipt of the original decisions specified in Part 1 of this Article and the minutes of the general meeting of owners of premises, are obliged, in the manner established by the federal executive body, performing the functions of developing and implementing state policy and legal regulation in the field of housing and communal services, send the originals of these decisions and minutes, including using the system, to the state housing supervision body for storage for three years. In case of receipt of two or more minutes of the general meeting of owners of premises in an apartment building containing decisions on similar agenda items, the body of state housing supervision is obliged to conduct an unscheduled inspection in order to establish the fact of compliance with the requirements of the law when organizing, conducting and the presentation of the results of such a meeting.
(Part 1.1 was introduced by Federal Law No. 176-FZ of June 29, 2015; as amended by Federal Law No. 485-FZ of December 31, 2017)

1.2. The decision of the general meeting of owners of premises in an apartment building, provided for by clause 4.5 of part 2 of article 44 of this Code, is adopted:

1) if there is more than one entrance in an apartment building, by a majority vote of the total number of votes of the owners of premises in the apartment building taking part in this meeting, subject to voting for such a decision by the owners of premises in the apartment building, in the entrance of which the transferred premises are located, having a majority of votes from the total number of votes of such owners participating in this meeting;

2) if there is one entrance in an apartment building, by a majority vote of the total number of votes of the owners of premises in the apartment building taking part in this meeting.
(Part 1.2 was introduced by Federal Law No. 116-FZ of May 29, 2019)

2. 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, as well as change the agenda of this meeting.

3. Decisions adopted by the general meeting of owners of premises in an apartment building, as well as the results of voting, are brought to the attention of the owners of premises in this house by the owner specified in Article 45 of this Code by another person, on whose initiative such a meeting was convened, by posting an appropriate message 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.
(As amended by Federal Law No. 176-FZ dated June 29, 2015)

4. Copies of the minutes of general meetings of owners of premises in an apartment building and decisions of such owners on issues put to a vote are stored at the place or address determined by the decision of this meeting.
(Part 4 as amended by Federal Law No. 485-FZ of December 31, 2017)

5. The decision of the general meeting of owners of premises in an apartment building, adopted in accordance with the procedure established by this 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.

6. The owner of premises in an apartment building has the right to appeal to the court a decision taken by the general meeting of owners of premises in this house in violation of the requirements of this Code, if he did not participate in this meeting or voted against such a decision and if such a decision violated his rights and legitimate interests. An application for such an appeal may be filed with the court within six months from the date when the said owner learned or should have known about the decision. The court, taking into account all the circumstances of the case, has the right to uphold the contested decision if the vote of the said owner could not affect the results of the vote, the violations committed are not significant and decision did not result in damage to the said owner.

7. In an apartment building, all premises in which belong to one owner, decisions on issues related to the competence of the general meeting of owners of premises in an apartment building are taken by this owner alone and are drawn up in writing. At the same time, the provisions of this chapter that determine the procedure and terms for preparing, convening and holding a general meeting of owners of premises in an apartment building shall not apply, with the exception of the provisions relating to the timing of the annual general meeting of owners of premises in an apartment building.

Article 47

(As amended by Federal Law No. 176-FZ dated June 29, 2015)

1. If, when holding a general meeting of owners of premises in an apartment building through 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 the information specified in paragraph 3 of Article 45 of this Quorum Code, in the future, decisions of the general meeting of owners of premises in an apartment building with the same agenda can be adopted by absentee voting (by poll) (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 the issues put to the vote).
(As amended by Federal Laws No. 123-FZ of 04.06.2011, No. 176-FZ of 29.06.2015)

2. Those who took part in the general meeting of owners of premises in an apartment building, held in the form of absentee voting (by poll), are considered to be the owners of premises in this house, whose decisions were received before the deadline for their acceptance.
(As amended by Federal Law No. 176-FZ dated June 29, 2015)

3. The general meeting of owners of premises in an apartment building can be held through in-person and absentee voting, which provides for the possibility of in-person discussion of agenda items and the adoption of decisions on issues put to the vote, as well as the possibility of transferring decisions of owners to set time to the place or address indicated in the notice of the general meeting of owners of premises in an apartment building.
(Part 3 as amended by Federal Law No. 176-FZ dated June 29, 2015)

Article 47.1. General meeting of owners of premises in an apartment building in the form of absentee voting using the system

(Introduced by Federal Law No. 263-FZ of July 21, 2014)

1. If the general meeting of owners of premises in an apartment building makes decisions provided for in paragraphs 3.2 - 3.4 of part 2 of Article 44 of this Code, the system is used to post messages about the holding of a general meeting of owners of premises in an apartment building, decisions taken by the general meeting of owners of premises in an apartment building house, voting results, for storing minutes of general meetings of owners of premises in an apartment building on the agenda of a general meeting of owners of premises in an apartment building, for posting electronic images of decisions of owners of premises in an apartment building on issues put to vote, as well as for voting on issues on the agenda of the general meeting of owners of premises in an apartment building.

2. If the system is used during a general meeting of owners of premises in an apartment building, posting messages about a general meeting of owners of premises in an apartment building, decisions made by a general meeting of owners of premises in an apartment building, voting results, storage of minutes of general meetings of owners of premises in an apartment building on the agenda of the general meeting of owners of premises in an apartment building, decisions of the owners of premises in an apartment building on issues put to a vote are carried out taking into account Part 4 of Article 45, as well as Parts 3 and 4 of Article 46 of this Code.

3. Not later than fourteen days before the start date of the general meeting of owners of premises in an apartment building, using the system, a notice must be sent to the administrator of the general meeting about holding the relevant general meeting of owners of premises in an apartment building that meets the requirements provided for by Part 4 of this article, in the procedure established by the general meeting of owners of premises in an apartment building in the event of an annual general meeting of owners of premises in an apartment building, or by the owner, on whose initiative an extraordinary general meeting of owners of premises in an apartment building is convened.

4. If the system is used when holding a general meeting of owners of premises in an apartment building in the form of absentee voting in the notice of holding a general meeting of owners of premises in an apartment building, along with the information provided for in paragraphs 1, 2, 4 and 5 of part 5 of Article 45 of this Code, must be specified:

1) information about the administrator of the general meeting (name (company name), legal form, location, postal address, number contact phone, official website in the information and telecommunications network "Internet" (for a legal entity), last name, first name, patronymic, passport details, place of permanent residence, contact phone number, e-mail address (for an individual);
2) the place and (or) the actual address of the administrator of the general meeting;
3) the date and time of the beginning and end of voting using the system on issues put to the vote;
4) the procedure for the administrator of the general meeting to accept written decisions of the owners of premises in an apartment building on issues put to a vote.

5. The administrator of the general meeting places a notice on holding a general meeting of owners of premises in an apartment building, transmitted to him in accordance with part 2 of this article, in the system no later than ten days before the date and time of the start of such a meeting. Within the specified period, the administrator of the general meeting sends a message about holding a general meeting of owners of premises in an apartment building to each owner of premises in this building through the system.

6. Voting on the agenda of the general meeting of owners of premises in an apartment building using the system is carried out by the owners of premises in an apartment building personally by indicating a decision on each issue of the agenda, expressed in the words "for", "against" or "abstained" in electronic form, or by transferring to the administrator of the general meeting the written decisions of the owners of premises in an apartment building on issues put to the vote, before the date and time of the end of such voting.

7. Those who took part in the general meeting of owners of premises in an apartment building using the system are considered to be owners of premises in this building who voted in electronic form, as well as owners whose decisions were received before the date and time of the end of the voting specified in the notice of the general meeting of owners premises in an apartment building.

8. The duration of voting on the agenda of the general meeting of owners of premises in an apartment building using the system should be at least three days and no more than five days from the date and time of the start of such voting.

9. Voting on the agenda of the general meeting of owners of premises in an apartment building using the system is carried out without interruption from the date and time of its beginning to the date and time of its end.

10. The administrator of the general meeting is obliged to indicate in the system 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, transferred to him by the owner of the premises in the apartment building in writing and expressed in the wording "for", "against" or "abstained" the decision on each agenda item, as well as place in the system an electronic image of the said decision of the owner of the premises in the apartment building within one hour from the moment of receiving such a decision.

11. Decisions of the general meeting of owners of premises in an apartment building, adopted based on the results of voting using the system, on issues put to the vote, are automatically formed in the form of a protocol and posted in the system within one hour after the end of such voting.

12. Minutes of general meetings of owners of premises in an apartment building on the agenda of the general meeting of owners of premises in an apartment building, formed using the system by a general meeting of owners of premises in an apartment building, electronic images of decisions of owners of premises in an apartment building on issues put to vote, submitted to the administrator general meeting are stored in the system.

13. The holding of a general meeting of owners of premises in an apartment building in the form of absentee voting using other information systems is carried out in the manner and within the time limits provided for by this Code, taking into account the specifics established by this article.

Article 48. Voting at a general meeting of owners of premises in an apartment building

1. The right to vote at a general meeting of owners of premises in an apartment building on issues put to a vote shall be vested in the owners of premises in this building. Voting at a general meeting of owners of premises in an apartment building is carried out by the owner of the premises in this building either personally or through his representative.

2. The representative of the owner of premises in an apartment building at a general meeting of owners of premises in this building acts in accordance with the powers based on the instructions of federal laws, acts authorized to do so. government agencies or acts of local governments or a written power of attorney for voting. 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 accordance with the requirements of paragraphs 3 and 4 of Article 185.1 Civil Code Russian Federation or notarized.
(as amended by Federal Law No. 267-FZ of July 3, 2016)

3. The number of votes that each owner of premises in an apartment building has at a general meeting of owners of premises in this building is proportional to his share in the right of common ownership of common property in this building.

4. Voting on the agenda of the general meeting of owners of premises in an apartment building can be carried out through written decisions of the owners on the issues put to a vote.

4.1. Voting on the agenda of the general meeting of owners of premises in an apartment building, held in the form of in-person and absentee voting, is carried out through written decisions of the owners on the issues put to a vote.
(Part 4.1 was introduced by Federal Law No. 176-FZ of June 29, 2015)

5. Voting on the agenda of the general meeting of owners of premises in an apartment building, held in the form of absentee voting, is carried out only through written decisions of the owners on the issues put to the vote, except for the case provided for in Article 47.1 of this Code.
(as amended by Federal Law No. 263-FZ of July 21, 2014)

5.1. When holding a general meeting by means of in-person, in-person or absentee voting, the decision of the owner on the issues put to the vote, which is included in the minutes of the general meeting, must indicate:

1) information about the person participating in the voting;
2) information about the document confirming the ownership of the person participating in the vote to the premises in the relevant apartment building;
3) decisions on each item on the agenda, expressed as "for", "against" or "abstained".
(Part 5.1 was introduced by Federal Law No. 176-FZ of June 29, 2015)

6. When voting is carried out by means of written decisions of owners on issues put to vote, votes are counted on issues on which only one of the possible voting options has been left by the voting owner. Decisions drawn up in violation of this requirement shall be recognized as invalid, and votes on the issues contained in them shall not be counted. If the decision of the owner on the issues put to the vote contains several issues put to the vote, failure to comply with this requirement with respect to one or more issues does not entail the recognition of the said decision as invalid as a whole.