Power of attorney to hold a general meeting of home owners. Does a power of attorney for the right to vote at a general meeting of homeowners association members need to be certified?

Power of attorney for participation in the general meeting of owners

Part 2, Article 48 Housing Code The Russian Federation contains requirements for a power of attorney authorizing another person to take part in voting on general meeting owners (passport details, place of residence, full name or name if the power of attorney is issued to a legal entity). Besides, specified norm Article 48 of the RF Housing Code refers us to Article 185 Civil Code RF. in accordance with Part 1 4, 5 of which, the power of attorney can be certified by the housing maintenance organization at the place of residence of the principal, or the organization in which the principal works or studies, as well as by the administration of a hospital medical institution, in which the person is undergoing treatment.

A power of attorney for voting at a general meeting of home owners can, of course, be certified by a notary, but due to the high cost of notary services for most homeowners, a notarized power of attorney granting the right to vote at a general meeting of owners is not often seen.

A power of attorney from a legal entity that is the owner of premises in an apartment building for voting at a general meeting of owners is signed by the head (or another person who has the rights to do so, according to the charter) and certified by the seal of this organization.

Invalidity of the power of attorney for participation in the general meeting of owners

The above rules of law, at first glance, do not cause difficulties in understanding their meaning, however, it should be noted that in judicial practice there is no uniformity in the interpretation of the series controversial issues. In particular, we are talking about the consequences of non-compliance with the rules of law when issuing powers of attorney, provided for in articles 48 of the Housing Code of the Russian Federation and 185 of the Civil Code of the Russian Federation and the conclusions of the courts on the subsequent approval of decisions of general meetings of owners MKD premises.

No common approach and on the issue of classifying management organizations and homeowners' associations operating an apartment building as housing maintenance organizations that have the right to certify powers of attorney of the owners of residential premises of apartment buildings for representation at the general meeting of owners (voting).

So, several articles on a given topic.

What are the consequences of issuing a power of attorney for voting at a general meeting of owners of apartment building premises in idle time? writing without certification by a notary or management organization? Will the court take into account the fact that the owners of the premises who issued the power of attorney did not subsequently challenge the decisions made by the general meeting of owners?

The power of attorney for participation in the meeting of owners is invalid. Consequences

If the representative lacks authority, for example, if the power of attorney is invalid due to defect in form, the represented person can approve the transaction through his subsequent actions.

How much this norm law applies to the approval of the actions of a representative who voted on invalid power of attorney at the general meeting of owners of MKD premises? Can the owner who issued such a power of attorney subsequently approve the actions of the representative?

Can management organization, in her face official, certify the power of attorney of the owner of the residential premises for voting at the general meeting of owners of the apartment building?

The initiators of the meeting hinted that if we went to court, they would present powers of attorney allegedly issued by the co-owners for voting (they would draw them up backdating).

What are the prospects for going to court in this case? How should the court evaluate backdated proxies for voting at the general meeting of owners?

Power of attorney to represent the interests of the owner at the General Meeting of Owners of MKD premises

Only owners included in the register may be allowed to participate in the meeting. apartment building. The list of owners who have the right to participate in the general meeting is compiled on the basis of title documents confirming the ownership of residential (or non-residential) premises. The law does not determine which body compiles this list. It should be assumed that the organization that manages the apartment building is working on it ( housing cooperative, homeowners association, management organization, etc.).

It must be taken into account that such a register is primarily needed to ensure the possibility of voting during a meeting, both in person and by correspondence. In addition, for notification of a meeting of premises owners in apartment building you need to know who to send them to.

Based on Art. 48 of the Housing Code of the Russian Federation, the right to participate in the general meeting of the owner is exercised by the owner both personally and through his representative. The owner has the right at any time to replace his representative at the general meeting of owners or to personally participate in the 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 vote belongs to 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, both personally and through his representative.

The owner's representative at the general meeting of owners acts in accordance with the powers based on the instructions of federal laws or acts of authorized state bodies or local governments or a power of attorney drawn up in writing. The power of attorney for voting must contain information about the person represented and the representative (name or designation, place of residence or location, passport details). The power of attorney for voting must be executed in accordance with the requirements of paragraphs 4 and 5 of Art. 185 of the Civil Code of the Russian Federation or certified by a notary. Analysis of this rule of law allows us to pay attention to the following circumstances:

Article 185 of the Civil Code of the Russian Federation. Power of attorney

1. A power of attorney is a written authority issued by one person to another person for representation before third parties. A written authorization to carry out a transaction by a representative may be presented by the represented directly to the relevant third party.
2. Power of attorney for transactions requiring notarial form, must be notarized, except as otherwise provided by law.
3. The following are equivalent to notarized powers of attorney:

1. powers of attorney of military personnel and other persons undergoing treatment in hospitals, sanatoriums and other military medical institutions, certified by the head of such institution, his deputy for medical affairs, senior or duty doctor

Alternative methods of registration at the place of residence without the presence of the owner

Often FMS employees refuse to register a citizen who has a power of attorney from the owner for registration. If the owner of the apartment is unable to be present when submitting the application for registration, a notarized consent for the citizen’s registration and a notarized application from him in Form No. 6 is sent to the FMS.

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Power of attorney for the right to participate in general meetings of owners of premises of an apartment building and meetings of members of HOAs/housing cooperatives

POWER OF ATTORNEY

(enter the required) date, month, year

I, (full name of the person who issued the power of attorney). passport (series, number, department code, by whom and when issued). registered at the address: (enter as required). being a member of a HOA/housing cooperative (enter as required). owner of the apartment/non-residential premises No. (enter as required) building No. (enter as required) on the street (enter as required), certificate of state registration rights (number, by whom and when issued), I authorize with this power of attorney,

(Full name of the person to whom the power of attorney was issued). passport (series, number, department code, by whom and when issued). registered at the address: (enter as required).

represent my interests at general meetings of the owners of the premises of an apartment building No. (fill in the required one) building No. (fill in the required one) on the street (fill in the necessary one) and meetings of members of the HOA/housing cooperative (fill in the necessary one). including participating in voting on all issues on the agenda of the meeting, appealing to the court the decision of the general meeting of members of the HOA/housing association or the decision of the management body of the HOA/housing association that violate my rights and legitimate interests as a member of such an association, sign for me and perform other actions necessary to represent my interests at these general meetings.

The power of attorney was issued without the right of substitution for a period of (fill in what is required).

______________________ (signature of the person who issued the power of attorney, initials, surname)

Note. Based on the requirements of Art. 48 of the Housing Code of the Russian Federation, a power of attorney for a representative must be drawn up in accordance with the requirements of paragraphs 4 and 5 of Article 185 of the Civil Code of the Russian Federation or certified by a notary. According to these paragraphs, the power of attorney can be certified by the organization in which the principal works or studies, the housing maintenance organization at his place of residence and the administration of the inpatient medical institution in which he is being treated, and the power of attorney on behalf of the legal entity is issued signed by its head or other a person authorized to do so by its constituent documents, with the seal of this organization attached.

Like any other building, an apartment building needs careful care. Private houses are subject to aging, and multi-storey structures are no exception.

Therefore, it is undoubtedly important to carry out timely renovation work and other actions that will maintain the building in proper condition.

But who bears responsibility for keeping the house in proper condition?

Of course, every multi-apartment building is inhabited by residents.

All of them are interested not only in living in comfort in own apartments but also enjoy the comfort cleanliness and convenience inside the house. Agree, everyone wants to see a landscaped area from the window, have a clean working elevator, well-groomed entrances.

But what is desired is not always comparable to reality. When receiving a house from the developer, residents are given time to choose.

Today, such types of management organizations as management companies and HOAs are popular. The latter is for a number of objective reasons.

The first of them is that the HOA has in its composition the initiative owners themselves premises in an apartment building.

Secondly, the reason is that the meeting of legal homeowners is the most important body management within the organization and its decisions are undeniable.

All these reasons give residents the opportunity to believe that by choosing this method they control most functional and competent will be able to spend budget resources, which means achieving the ideal result and condition of the house.

Is it really so? What is the function of this event and is it really we're talking about about unquestioning implementation of decisions made? Let's talk about this in our article.

Meaning

Why is a general meeting needed? The HOA operates on a non-profit basis. The main activity of this organization is the management and maintenance of an apartment building.

In addition, the partnership is a legal entity, since it has all the powers to hire employees on a permanent and permanent basis. temporary work, and is also taxpayer.

The general meeting of HOA members, that is, the owners of premises in an apartment building, is of decisive importance.

The fact is that the joint presence of these persons and discussion provides grounds for acceptance of the only the right decision , which would relate to the management of an apartment building.

Find out from our articles about the responsibilities, as well as his, to residents.

Forms of conducting

Despite the fact that such gatherings do not gather often and for the most part only for urgent reasons, serious issues, not everyone can always be present.

In the summer season, when many are at their dachas, or on weekdays, when people are mainly at work, few people may appear. For this purpose, the legislator allows the use of a number of forms:

1. In-person a meeting is carried out when all the homeowners or most of them are assembled.

Such a meeting will be valid, since an active majority will participate in voting.

2. Part-time, this is when about half of the residents of the house gathered together, and the other was unable to show up. Then the decision is made by voting by those who showed up, and then comparing them with the results of a survey conducted with those who didn’t show up. The votes are summed up and accepted common decision.
3. - this is when a minority of residents show up, and voting is mainly carried out as a result of a door-to-door survey.

What is a quorum?

Such a concept as quorum is widely applicable in the practice of operation and functioning of a partnership, and if you still this concept unknown - we advise you to read it.

Quorum means the very minimum, but required amount votes from the owners of premises in the MKD, after which decision will be considered legal.

As a rule, the quorum approaches the mark of fifty percent of the votes, but another norm may be established for legal homeowners.

Voting by proxy

There are many reasons for this - rest, work, long trip, or simply health conditions. Many people look at this situation simply and do not give of great importance. Others, on the contrary, believe that their presence is very important and can play a role in making a decision.

If the owner wants to participate, but he is not able to attend, he can ask for it any owl confidant. To do this, the owner can draw up a power of attorney in advance.

This does not require notarization of this document. You can simply show up at the partnership office with your authorized representative, explain the situation and put the partnership seal on the power of attorney.

From this moment on, you can calmly go about your business, knowing that your authorized representative will express your direct will at the meeting.

A power of attorney from the owner of the apartment to represent interests in the HOA is a document that is drawn up on a white sheet of A4 paper, mainly in computer font.

It’s great if your partnership has sample drawing up and filling such a document. If not, then you can resort to searching for a sample power of attorney on the Internet.

Don't forget to sign and seal the partnership. This document will allow your to a trusted person participate on your behalf in voting and may thereby influence its course and, as a result, the decision made.

By the way, since the power of attorney remains within the framework of the homeowners association, then it is not necessary to fill it out in accordance with all the rules, which is answered by a notarized power of attorney.

Power of attorney for homeowners association members has more simplified form, does not require complex formulations and has the purpose of allowing an outsider to carry out your will on your behalf and the absence of a real owner.

Homeowners' meeting in multi-storey building- a lot significant body management, which has the highest legal force in the partnership.

Therefore, if you are one of the owners, then do not neglect your duty to express your will, because it is quite possible that the fate of your own home depends on your vote.

Be a responsible owner and be at least a little concerned about the building in which you live.

After all, the effectiveness of the work and interaction of all members of the association of legal homeowners depends on what condition will your house be in after a few years? and is he in danger? emergency condition or even at an advanced age he will delight his residents.

Find out about the procedure for holding a HOA meeting from the video:

The general meeting of owners of living space is an important event at which issues of improvement are resolved real estate and improvement living conditions. All residents participating in the meeting come to a mutually beneficial consensus, while interacting with building management companies.

Ideally, owners are present similar fees personally. But it happens that the presence of a particular citizen is impossible. The reasons for this phenomenon may be the following factors:

• Your own illness or the poor health of a loved one;
• Irregular work schedule and extremely busy;
• Absence from the country for personal reasons or due to a long business trip abroad;
• Other reasons of a personal or corporate nature.

If it is impossible for a resident to personally participate in voting, a power of attorney on his legal representative. But to whom can the document in question be issued? Is notarization required? Let's talk about this in the article.

Duration of the power of attorney

In accordance with Civil legislation Russian Federation, maximum term legitimacy each deed of trust is 3 years. A period not exceeding the above-mentioned time period is established by agreement of the parties and is determined in the text of the power of attorney for voting at the general meeting of homeowners. However this item the deed of trust is not mandatory. If the content of the power of attorney does not indicate the period of validity, the agreement is declared unlimited and valid for within 1 year.

The power of attorney terminates early on following cases (Article 188 of the Civil Code of the Russian Federation):

• This deed of trust is not executed correctly;
• The principal or trustee has died;
• The principals decide to revoke the document in question;
• The authorized representative categorically refuses the powers assigned to him.

The parties have the right to terminate the legal force at any time. In this case, additional explanations and documentary evidence of his own innocence are not required on the part of the person refusing.

Notarization

The document being studied does not require notarization. However, for the purpose of approval legal force power of attorney for voting at the general meeting of owners, it is recommended to have it certified. A large package of documents is not required for this procedure. It is enough for the principal to have the following documents with him:

• Own ID;
• Signatures of all residents (if there are many owners);
• Draft deed of trust;
• Title documents for the living space, proving the principal’s residence at the specified address.

The cost of certification of the document in question varies from 800 to 1800 rubles and depends on the region of the Russian Federation and the qualifications of the notary office. Thus, the notary fee for certification of a power of attorney for voting at a general meeting of owners in Moscow and Leningrad regions will be slightly higher than in other regions of Russia.

For many management organizations, the passivity of residents who do not participate in general meetings becomes big problem, which does not allow making the necessary decisions. The usual tool for influencing them is persuasion, but we propose to act more simply - nominate an active citizen as a representative of the interests of the owner. He votes by proxy, which ensures both turnout and respect for the rights of residents.

In any house there are initiative residents - some of them need to be convinced to vote by proxy to participate in the general meeting of owners. The appearance of such a person does not mean that the management company is making it easier for itself to make the decisions it needs. Active Citizen comes from among the owners and represents their interests. Management company Only one thing is important here - to collect the necessary number of votes so that some decisions, in principle, can be accepted or rejected.

The representative who receives a power of attorney to vote in the HOA explains in advance to the residents exactly how he will vote at the next OSS. The more power he receives to represent interests from residents who have a similar position, the higher the chances of making the necessary decision.

In this article we will talk about all the nuances of drawing up powers of attorney for voting at a general meeting of owners. Employees of management companies need to have this information in order to help representatives fulfill their task and ensure quorum, regardless of the form of the OSS.

What is stated in the power of attorney

A power of attorney to represent the interests of the owner at a general meeting is prepared in writing. It states:

• document's name;
• time and place of action on behalf of the principal;
• powers of the representative;
• signature of the person whose interests he represents.

The power of attorney also contains basic information about the representative and the principal. For a citizen, the full name, passport details and residential address are indicated. For an organization, it is necessary to provide its name, location, full name of the person representing it and the grounds on which he is authorized to act on behalf of the legal entity.

Sometimes the power of attorney for the general meeting of MKD owners includes Additional Information. For example, this could be its validity period, serial number, a sample of the representative’s signature, and so on. This information does not affect the validity of the power of attorney and the extent to which it complies legal requirements. The law does not prohibit posting such data, but does not establish it as mandatory.

A sample power of attorney and an announcement about the importance of its execution for residents, as well as others useful documents and practical information are given in our article in the journal “Management of MKD”.

Who can represent the interests of owners

The owner of the premises in the house can provide a power of attorney to vote in the general HOA meeting any citizen (subject to his legal capacity). The law does not impose any restrictions here. Usually the interests of the tenant are represented by one of their relatives or neighbors. In particular, a power of attorney can be issued to several persons at once, who will perform actions in the interests of the principal jointly and subject to their mandatory approval between themselves.

In order for principals to be more willing to give powers of attorney to represent interests at a general meeting of owners, it is necessary to explain to them that the powers under them are strictly limited to the right to vote at the general meeting of owners.

Deadline for issuing a power of attorney

The principal may grant the right to represent his interests for any period of time. By law, neither the maximum nor the minimum is limited here.

The period for which the power of attorney is issued is not required to be indicated in it. If it is not mentioned, then the document is automatically considered valid for a year from the date of its preparation.

Termination of a power of attorney occurs in the following cases:

• her term has ended;
• the principal canceled it;
• the representative refused the received authority;
• the organization that acted as the principal or representative ceased to exist;
• the principal or representative died, ceased to be fully capable, or was missing;
• the principal or representative has entered the stage of bankruptcy at which he is deprived of the right to issue powers of attorney.

Often the power of attorney states that it is valid for an indefinite period. The legislation does not provide for such an option, although such a clause does not make the document invalid. A power of attorney issued for an unlimited period will be valid, but for general principles within 1 year from the date of its preparation.

Rules for certifying a power of attorney from the apartment owner

When registering a power of attorney to represent the interests of the owner at a general meeting, notarization is not required. The owner of the premises has the right to go to a notary and have the document certified by him, but this is not obligatory.

From of this rule There is one exception, following from the provisions of the RF Housing Code. Learn more about it and other special cases of using powers of attorney in the situation under consideration. There are cases from practice, detailed recommendations on how to act in different situations and links to regulatory documents.

If the power of attorney is not certified notary office, then the order of registration is determined by who becomes the representative. The owner of the premises in the apartment building can be an organization. This often happens with non-residential real estate. In this case, the power of attorney is signed by the manager or other person who, in accordance with the law and regulations constituent documentation has such a right. Print on this document it is not necessary to put it.

• the organization in which the representative works or undergoes training;
• administration of the medical institution if the citizen is undergoing inpatient treatment.

The absence of payment for a power of attorney is determined by law, and not by the management of the organization that will conduct this procedure. If any difficulties arise here, you must refer to Part 3 of Article 185.1 of the Civil Code of the Russian Federation.

It is unlawful to require a power of attorney from a director to participate in a general meeting of premises owners, unless we are talking about the director of a branch of the organization. You can verify the powers of a director by requesting from him the minutes of the general meeting of participants (shareholders) of a legal entity on his appointment to the position and an extract from the Unified State Register of Legal Entities. The extract can be obtained independently and free of charge on the website of the Federal Tax Service.

• act of an authorized state or municipal authority

For example, the interests of the owner of the premises - municipal unitary enterprise(MUP) during a general meeting of owners may be represented by the head of such an enterprise, acting on the basis of an order from the administration municipality on the appointment of the director of the municipal unitary enterprise.

• powers of attorney

In all cases that do not apply to legal representation or representation on the basis of acts of authorities, the representative acts on behalf of the principal on the basis of a power of attorney. Any person can act as a representative of the owner by proxy: a member of the owner’s family, a neighbor, another person who does not live in the apartment building, as well as employees of the legal entity that owns the premises. For example, deputy director or lawyer of the organization.

MA, HOA, LCD cannot act as representatives of premises owners when voting when the agenda includes issues on concluding or terminating a management agreement with the MA, reorganization/ HOA liquidation, residential complex and other issues affecting the interests of the management company, homeowners association, residential complex.

Such representation does not meet the criteria of good faith and, if there is a dispute, will be considered by the court as an abuse of law. So, according to paragraph 3 of Art. 182 of the Civil Code of the Russian Federation, “a representative cannot make transactions on behalf of the represented person in relation to himself personally.” In other words, it cannot conclude or terminate an agreement with itself, or vote for its own liquidation.

To allow representatives of owners to participate in such a meeting, the chairman and secretary of the general meeting must check their credentials. The procedure for verifying the powers of representatives of premises owners can be established in the management agreement or in HOA charter, LCD. If such a procedure is not provided, you should follow following rules power of attorney checks.

Check the power of attorney form

The power of attorney must be executed in writing (clause 1 of Article 185 of the Civil Code of the Russian Federation) and contain the required details:

• Full name of the representative. For an individual - full name. For a legal entity or individual entrepreneur - full name, TIN, details of the head of the organization. Place of residence and passport information.
• Full name of the represented owner (principal). Although the Civil Code of the Russian Federation and the Housing Code of the Russian Federation do not impose requirements for indicating the passport data and place of residence of the represented person in the power of attorney, similar requirements apply to notarized powers of attorney (clause 6.2 Methodological recommendations by certification of powers of attorney, approved. decision of the Board of the Federal Notary Chamber dated July 18, 2016, protocol No. 07/16). Accordingly, for notarized power of attorney similar information required.
• Date and place of execution of the power of attorney.
• Signature of the person who issued the power of attorney (principal).

Check the power of attorney method

If the power of attorney is issued entity- the owner of the premises, it is certified by the signature of its manager or other authorized person. A stamp on the power of attorney is not required (clause 4 of Article 185.1 of the Civil Code of the Russian Federation). A similar provision applies to individual entrepreneur- the owner of the premises.

If a power of attorney is issued by a citizen - the owner of the premises, it can be certified by one of following methods(clause 3 of article 185.1 of the Civil Code of the Russian Federation):

• notarized (clause 2 of article 48 of the Housing Code of the Russian Federation);
• the organization in which the principal works (employer);
• the organization where the principal studies (educational institution);
• by the administration of the inpatient medical institution where he is being treated. Such powers of attorney, with the exception of the notarized one, are certified free of charge.

Check the contents of the power of attorney

The voting power of attorney must contain the type and scope of powers delegated to the representative. It must expressly provide for the authority to represent interests at the general meeting of owners of the premises of an apartment building (house number) and vote on issues on the agenda of the general meeting, including by affixing a signature on behalf of the principal on the voting sheets.

A power of attorney can be issued for one-time participation in a meeting ( one-time power of attorney), and for repeated participation within the validity period of the power of attorney. If the validity period of the power of attorney is not specified, it is valid for one year.

The proxy may contain restrictions regarding voting on certain issues on the agenda. Thus, the owner can limit the right of a representative to vote on issues related to major repairs, use common property MKD.

Check the identity of the representative and the principal

The chairman and secretary of the meeting by virtue of clause 3 of Art. 185 of the Civil Code of the Russian Federation has the right to verify the identity of the person who issued the power of attorney (principal) by checking the full name indicated in the power of attorney.

The identity of the representative can be verified with the data in the power of attorney, which contains not only his full name, but also passport details and place of residence. A passport may be requested for verification.

In case of failure to provide a passport, the chairman of the meeting has the right to refuse the opportunity to vote on issues on the agenda. However, it is more expedient to allow a representative to participate in voting by requesting from him or from the principal additional confirmation powers until the voting results are tabulated. Until such confirmation, the disputable vote of the owner's representative will not be taken into account.

In case of refusal authorized representative the owner of the premises in admission to voting, such a refusal is qualified as a violation of the equality of rights of participants in the meeting during its holding (clause 3, paragraph 1, article 181.4 of the Civil Code of the Russian Federation) and gives the right to challenge the decision of the meeting.

Study the defects of a power of attorney that lead to its invalidity

In practice, there are often cases when there is no power of attorney at all or it is signed by an unidentified person. Sometimes family members of the owner or tenants of the premises mistakenly declare to the initiators of the general meeting their right to fill out the decision form (ballot) on behalf of the owner, including signing for him. Further, taking advantage of this drawback, the owner revokes the power of attorney and/or challenges the decision of the general meeting.

Study the typical flaws that are allowed when drawing up a power of attorney.

1. Form defect.

The form and methods of certifying a power of attorney for participation in the general meeting of owners are comprehensively named in clause 2 of Art. 48 Housing Code of the Russian Federation, clause 1, art. 185 etc. 3-4 tbsp. 185.1 Civil Code of the Russian Federation. Other forms and methods of certifying a power of attorney are unacceptable.

The owner of the premises cannot instruct another person to represent his interests at the general meeting on written power of attorney, which is not certified properly. In addition, it should be remembered that since September 2013, the Civil Code of the Russian Federation has excluded the method of certifying a power of attorney by a housing maintenance organization (UO, HOA, LCD) at the principal’s place of residence.

The court satisfied the request of the State Property Committee for recognition invalid decision general meeting of premises owners and liquidation of the HOA. The court pointed out significant violation during a meeting - failure to comply with the requirements for certification of powers of attorney.

As follows from the case materials, one of the owners voted on some premises, while other owners trusted voting on the basis of powers of attorney. However, the submitted powers of attorney were not certified by anyone. The court concluded that such powers of attorney were invalid and that they were inadmissible to be taken into account in the voting results (Appeal ruling of the Supreme Court of the Republic of Karelia dated December 18, 2012 in case No. 33-3606/2012).

We do not recommend neglecting to check the details of the power of attorney, since the absence of some of them: full name, signature of the person who issued the power of attorney, date of issue entails nullity. So, according to paragraph 1 of Art. 186 of the Civil Code of the Russian Federation, a power of attorney is void if the date of its execution is not indicated.

If the power of attorney does not indicate other optional details, including the signature of the representative, the passport details of the principal, or such information is unreliable, the power of attorney will nevertheless be considered valid (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated June 16, 2009 No. 750/09 in case No. A 43-3182/2008-5-74).

A notarized power of attorney has unconditional force and can be trusted. However, its content, as well as the content of a simple written power of attorney, may have shortcomings. Thus, very often owners issue a general power of attorney to family members or close relatives, which indicates an unlimited number of powers to represent interests in various organs and organizations, for the right to use residential premises, rent them out, pay housing and utility bills, and much more.

At the same time, the fact that a representative has a general power of attorney certified by a notary does not at all indicate his right to take part in meetings of premises owners and vote on issues on the agenda. Such authority must be expressly provided for in the power of attorney.

3. Technical defects: typos, typos.

At the same time, a letter error in the name or surname of the owner or an error made in other optional details is of an insignificant nature. In this case, the power of attorney is valid (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated June 16, 2009 No. 750/09 in case No. A43-3182/2008-5-74).

“Heal” a defective power of attorney

The general consequence of voting by proxy that has defects in form, content or other violations of the provisions of paragraph 2 of Art. 48 Housing Code of the Russian Federation, pp. 3-4 tbsp. 185.1 of the Civil Code of the Russian Federation, is the exclusion of controversial votes when counting total number votes participating in the meeting of owners.

If, despite the presence of defects in the power of attorney, the vote of the representative is counted, there is a risk of challenging the decision of the general meeting of owners for invalidity (clause 2, clause 1, article 181.4 of the Civil Code of the Russian Federation). If such a vote affects the quorum of the general meeting of owners, then the decision may be considered void (clause 2 of Article 181.5 of the Civil Code of the Russian Federation), not entailing legal consequences.

However, despite the defects of the power of attorney, it can be healed, that is, it will retain its power:

• active actions of the owner who issued it

The owner can confirm the strength of the power of attorney. For example, present a duly executed power of attorney to the chairman of the meeting.

• inaction

The owner will not challenge the validity of the disputed power of attorney, because in fact, no one except himself has the right to refer to the shortcomings of the power of attorney. Even if another owner challenging the decision of the meeting refers to the defects of the power of attorney, the person who issued it can confirm (“heal”) the powers of the representative in court.

The court has the right to assess the inaction of the person who issued the power of attorney or his active actions, aimed at her healing, as confirmation of the legal force of the power of attorney and, accordingly, the decisions made at the general meeting of owners. In these cases, Art. 183 of the Civil Code of the Russian Federation on approval of the transaction.

When considering the dispute, the court refused to satisfy the claim to invalidate the decision of the general meeting of owners due to the lack of a quorum and violation of the procedure for counting votes. The plaintiff referred to a number of facts:

1. The powers of attorney of the representatives of the owners who took part in the voting had handwritten form without ID.
2. Some of them were certified after the vote.
3. The vote of the owner for whom he signed is not subject to counting. outsider, which is confirmed by witness testimony.

However, the court rejected these arguments. Although the court never received evidence that the powers of attorney were certified by the organization in which the principals work, and these powers of attorney were not notarized, this does not entail the invalidity of the actions of the person who issued the power of attorney, since further action representatives were approved by the person who issued the power of attorney, nothing else was provided in the case materials (Appeal ruling of the Omsk Regional Court dated July 24, 2013 in case No. 33-4854/2013).

The court, having rejected the claim to invalidate the decision of the general annual meeting members of the housing cooperative, noted that all submitted powers of attorney comply with the requirements of paragraph 2 of Art. 48 of the Housing Code of the Russian Federation, since they contain all the essential requirements for the execution and content of such powers of attorney: information about the represented person and his representative, in respect of whom the full name, place of residence, and passport details are indicated. Moreover, there are no comments, complaints, or revocation of powers of attorney from the represented persons in the case materials, and the decision of the general meeting of the housing cooperative is not appealed by them (Appeal ruling of the Moscow City Court dated April 20, 2017 in case No. 33-14107/2017).

Susana Arsenovna Kirakosyan, candidate legal sciences, assistant professor, independent expert By anti-corruption examination NPA, Advisor to ALTHAUS Group, Moscow