Doing business, especially in an office setting, requires cooperation at a certain level. For example, to make important decisions often requires an objective opinion of several people, and to perform important work often requires the experience of many people. Meetings are one way to structure and organize collaboration, but without a clear goal and control, meetings can easily drag out and become useless. The ability to plan, prepare, and conduct a meeting on your own can play an important role if you want your meeting to go well and produce results.
The issue of choosing the chairman of the general meeting on the agenda
We always recommended, regardless of what issue the OSS is going to be, to include on the agenda three questions about the choice:
- Chairman of the OSS
- OSS Secretary
- OSS counting commission.
Our recommendations are confirmed by the Ministry of Construction of the Russian Federation in a letter dated 06.23.2017 N 27787-OG / 04.
If you do not want to include these issues on the agenda each time, you can not include it. In this case, at one of the previous meetings, decide that the people selected for these positions will retain their posts for a certain time. For example, for a year or for the next few meetings.
If the chairman or secretary, who was elected for a certain term, cannot attend any meeting, the issue of electing other people is included in the agenda. If someone from the counting board does not get to the meeting, its composition is approved again.
If the owners of the OSS reject the proposed candidates for the chairman, secretary of the meeting and members of the counting commission, the protocol is signed by the initiator of the meeting (paragraph 21 of the order of the RF Ministry of Construction dated 25.12.2015 N 937 / pr).
Recall that it is also always included in the agenda:
- list of issues that the meeting plans to consider,
- the question of the location of the protocols and other documents related to the OSS. This issue can be resolved once and not be included in the agenda of future meetings.
Requirements for the candidacy of the chairman of the OSS
The legislation does not impose any requirements on the candidacy of the chairman, secretary of the general meeting and members of the counting commission, and the procedure for their election. But nevertheless they are elected from among the owners of premises in the MKD.
The Ministry of Construction of the Russian Federation explained that the chairman of the meeting and the secretary may be part of the counting commission, since the composition of the counting commission is determined by the decision of the owners.
The Ministry of Construction of the Russian Federation recommends that the nominees be nominated for the counting commission in advance in preparation for the general meeting of owners (order of the Ministry of Construction of the Russian Federation of July 31, 2014 No. 411 / pr).
The duties of the chairman, secretary of the general meeting and members of the counting commission are not defined by law either. The chairman conducts the meeting, the secretary draws up and draws up a protocol, the counting commission counts the votes of the participants and summarizes the voting on each item on the agenda.
In addition, members of the counting commission identify invalid decision forms and check the credentials of representatives of owners. Following the meeting, the chairman, secretary and members of the counting commission sign the OSS protocol (paragraphs 3–5 of article 181.2 of the Civil Code of the Russian Federation and paragraph 21 of the order of the RF Ministry of Construction dated 25.12.2015 N 937 / pr).
If the meeting does not have a chairman
Data on the chairman, secretary and counting board, their signatures in the OSS protocol are mandatory components of the minutes of the general meeting. If they are not in the protocol, then the protocol is framed in violation.
Due to the incorrect execution of the OSS protocol, the decision of the meeting may be invalidated (paragraphs 4, paragraph 1 of article 181.4 of the Civil Code of the Russian Federation). If the court considers that:
- absence of signatures in the minutes is not a significant violation,
- the decision did not entail losses to the owners,
it upholds the decision of the OSS (part 6 of article 46 of the LC RF).