Step -by -step legal instruction with the comments of the city defender Alexandra Andreeva

The other day, the city hall published a resolution establishing the procedure for the will of homeowners, regarding the inclusion of their houses in the Renovation program, and in fact, in the demolition program of five -story buildings. In hot pursuit in the Sakharov Center, a seminar for Muscovites was held, whose houses fell on preliminary lists (see card).

Based on the recommendations that sounded there, the New Gazeta compiled the instructions: “How to protect your house” - and suggested commenting on its individual items to the urban defender and activist Alexander Andreeva .

How to vote? Pros, cons, pitfalls

The decree of the Moscow Government “On Accounting for the Opinion of the Population on the Renovation of the Housing Fund in the city of Moscow” (N 245-PP of May 2, 2017-those who wish can independently study the text) gives the citizen a choice: how exactly he wants to vote. Options are: through the city website "Active Citizen", to the MFC, or independently, by convening a general meeting of owners (OSS) of an apartment building.

Activists recommend vote by a general meeting of owners. Firstly, it is easier to control the vote count, and secondly, the OSS decision according to the law has an absolute advantage over any other type and cancels any voting results-both an “active citizen” and through the MFC.

Why vote is better at a general meeting of owners
Alexandra Andreeva: “ According to the current Housing Code, the general meeting of owners remains the only legitimate way to make a decision regarding the fate of the house and common -house ownership. No law on renovation has yet been adopted, and, apparently, it will not be adopted until June 15. The current legislation does not know anything about the “active citizen” or the survey in the MFC, and therefore, there is no reasonable alternative to the general meeting. ”

The entire OOS procedure is divided into three parts: preparation of the meeting (receipt of an extract from the register, notification mailing), the vote itself (full -time and in absentia), the calculation of votes and sending the protocols to the prefecture. All these stages are fraught with certain difficulties and pitfalls, which would be nice to know in advance. So they should disassemble them separately and in order.

Register of owners

Only homeowners can vote at a meeting by law. Neither members of their families, nor even more tenants, can give their vote instead of the owner of the premises.

Why is it necessary to look for the owners of housing
Alexandra Andreeva: “Purely theoretically, you can draw up a power of attorney if the owner of the premises is not in the city, but it does not make sense to contact this, because in practice there is no 100%quorum. In order for the decision to be made, it is necessary to collect only more than 50% of the vote. ”

It is important that any owner, even a “mortgage” can become the initiator of the general meeting, moreover, at least one of the residents who have the right of ownership is enough for its holding. In principle, according to the law, the whole procedure can be mastered alone. However, most likely, in order to catch the time you need like -minded people. There will be a lot of work.

The first stage that you have to be obtaining a common list of owners with surnames, addresses and other necessary data. It is they who have the right to vote. To get this list, you need to contact the district engineering service (GUS), or order a list on the Internet through the Rosreestr website.

Why get lists better through Rosreestr
Alexandra Andreeva: “I advise you to use the services of Rosreestr, since the data may not be old in GUS and not correspond to reality: someone died, someone has moved. They are updated there once every five years. You can order an appropriate certificate on the department’s website for 400 rubles. If the site does not work, then you still have to take the list from the engineering service, but before you use it, you will have to update the list data on your own. That is, go through the apartments and make sure that the citizens indicated in it still live in their apartments. ”

Notification newsletter

You have a list. The second stage begins - sending notifications to neighbors. You can do this in two ways: either give notifications personally on signature, or send them by registered letter by mail. With a presentation. In this case, you will have mail "receipts" confirming the shipment in your hands. You may need them if someone subsequently wants to protest the results in court under the pretext that he was not informed about the upcoming meeting. According to the standards of the Russian Post, the paper will come to the addressee within two days. By the control number indicated in the check, on the mail website you can track the fate of each letter.

Correctly like this: first an apartment bypass, then mail
Alexandra Andreeva: “ I advise you to distribute invitations to everyone who can be personally. At the same time and get acquainted with those of the neighbors whom you still do not know. To do this, it will be necessary to make a sheet of delivery of notifications in free form and bypass all apartments. There should be a hat in the sheet: “A sheet of presentation of notifications about the general meeting of owners of such and such a number”, surname, name, patronymic, apartment number, delivery date and signature. ” And already the remaining send invitations by mail. ”

It is significantly important that all notifications are sent or handed to the owners 10 days before the meeting.

The city votes for the apartments in which they live under the social contract, so a separate notice will have to be sent to the same GUIS of the district.

The notification itself should indicate: date, time, agenda, questions, issued for voting in the form in which they will be presented in ballots for voting. Details of the design of the notification can be found in 44-48 articles of the heads of the Housing Code of the Russian Federation describing the procedure.

Vote

The general meeting can be appointed even on the street, at least in the entrance. In the form of the meeting, there are full-time, full-time, or correspondence.

Why is the full-time voting form better
Alexandra Andreeva: “ I advise you to immediately designate the meeting as in person. This means that the 30-40 residents who came (and no longer happens more) will be able to vote in the bulletins hesed on the spot-and the correspondence part begins in the rest. During the period declared in advance, for example, the week, activists will have the opportunity to go through the remaining apartments, and personally distribute the ballots to the residential for residents. At the end of the procedure, the vote must be collected, calculated and entered into the protocol. ”

The formulation of the question for voting at the general meeting of the owners of the house is best to take a copy-paste from the decree 245-PP. But here there are nuances.

How to formulate a question for voting
Alexandra Andreeva: “ I advise you to formulate this:“ Against the inclusion of a house in the renovation program , ”but before that in the ballots to describe what is for renovation, what it implies, since many are still poorly informed about the conditions of resettlement and essentially happening. The most active houses have already been excluded from the lists, which means that there are those who generally do not fully know what is being discussed. ”

It is very important that the protocol, where the voting results are made, strictly comply with the order of the Ministry of Construction "On the approval of the requirements for the execution of the protocols of general meetings ..." dated December 25, 2015.

In addition to the main one, the following points of the agenda should be indicated in the ballot itself: the choice of the chairman and members of the accounting commission, the secretary who will fill out the protocol, the place of storage of the meeting materials (the original protocol and ballots) and the way of informing the owners about the voting results.

Counting and sending votes: what is the best?

At the end of the counting of votes and filling out the protocol, copies of the protocol (if desired, they can be notarized), are sent to the management company and the prefecture. And the original of the protocol, like the ballots themselves, is given to one of the residents for storage (its name and address should be indicated in the protocol).

Where to store the originals of the ballots
Alexandra Andreeva: “ According to the law, they can be stored in the council, but it is better to leave them at home, and in no case do the originals.”

The whole procedure takes about a month, it is important that you will have to complete it, at best until mid -June, while the vote lasts on the portals. To have time on time, you will have to start work now, best of all during the holidays.

Additionally, you can:

• Take a document about the wear of the house , you need to take it in the management company (almost always this is a “housing”), but not a total, but a scheduled for articles with interest for each item (and not the total percentage) with signature and seal.

• Draw a ban on real estate transactions without personal notification of residents.

• Make a site under and around the house in the property . (According to the law, he belongs to the residents, but practically not formalized anywhere, and, therefore, is at the disposal of the city).

But these steps are not required and are not related to the voting procedure directly.

PS

The procedure and samples of documents are well described in the book (chapters about how to hold a meeting), the link to which we bring here.