How to check up legality of education TSZH?
According to p.1 item 291 of the Civil code of the Russian Federation proprietors of apartments for maintenance of operation of an apartment house, using apartments and their general property form fellowships of proprietors of apartments (habitation). According to item 135 of the Housing code of the Russian Federation fellowship of proprietors of habitation (further - TSZH) the noncommercial organisation, association of proprietors of premises admits an apartment house, created for maintenance of operation of this complex, possession, using and, in the limits established by the legislation, orders the general property in an apartment house.
Proprietors of premises in one apartment house can create only one TSZH. The decision on creation TSZH is accepted by proprietors of premises in an apartment house at their general meeting. Such decision is considered accepted if for it proprietors of premises in the corresponding apartment house, possessing more than 50 % of voices possessing more from total number of voices of proprietors of premises in such house have voted.
by Article 45 of the Housing code it is provided that proprietors should be informed on carrying out of general meeting not later than ten days prior to carrying out of the specified meeting. Such message should be directed each proprietor the certified mail or is handed over personally under a list, or placed in the given house, defined by the decision of general meeting and accessible to all proprietors of premises.
In the message on carrying out of general meeting of proprietors of premises in an apartment house should be specified: data on the person under which initiative the given meeting is convoked; the form of carrying out of the given meeting (meeting or correspondence voting); Date, time and venue of meeting or expiry date of reception of decisions of proprietors on the questions put on voting, and a place or the address where such decisions should be passed in case meeting is spent in the form of correspondence voting; the meeting agenda, an order of acquaintance with the information and (or) materials which will be presented at this meeting, a place and the address where it is possible to familiarise with them.
the Decision of general meeting of proprietors of premises in an apartment house can be accepted without meeting carrying out (joint presence of proprietors for discussion of questions of the agenda and decision-making on the questions put on voting) by carrying out of correspondence voting - transfers to a place or to the address which are specified in the message on general meeting carrying out, in writing decisions of proprietors on the questions put on voting. In the decision of the proprietor on the questions put on voting, should be specified: data on the person participating in voting; data on the document confirming the property right of the participant of voting on a premise in the corresponding apartment house; the decision concerning the agenda, expressed by formulations « for » « against » or « has refrained ».
the general meeting Decision is made out by the report as it should be, the established general meeting of proprietors of premises in the given house. The decisions made at general meeting are brought by the initiator of carrying out of general meeting to the notice of all the proprietor in the given house by placing of the corresponding message on it in the given house, accessible to all proprietors of premises, not later than in ten days from the date of acceptance of such decisions. In an apartment house which all premises belong to one proprietor, decisions on the questions which are within the competence of general meeting, are accepted by this proprietor individually and are made out in writing. TSZH is the legal body from the moment of its state check in, has the press with the name, settlement and other bank accounts, other requisites. TSZH it is created without restriction of term of activity if other is not provided by the fellowship charter. The proprietor of a premise in an apartment house has the right to appeal against against the decision accepted by general meeting of proprietors of premises with infringement of requirements of the Housing code in case it did not take part in this meeting in court or voted against acceptance of such decision and if such decision breaks its rights and legitimate interests.
the Statement for such appeal can be brought an action within six months from the date of when the specified proprietor has learnt or should learn about the accepted decision.