On Some Problems of Invalidation of Decisions of the General Meeting of Owners of Apartment Buildings

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The purpose of the work is to try to reflect the most problematic issues that arise in the process of invalidating decisions of general meetings. Today, increased attention is paid to the organization and holding of the general meeting of owners. Many residents try to take an active part in the management of their household property, and many organizations appear whose activities are aimed at legal education in this area. In addition, there are house committee schools organized by representatives of local governments and non-profit organizations, such events are periodically held in many cities of the country. Some authors conclude that at present the mechanism of organizing and holding general meetings of owners of premises in condominiums is only being formed. Such a belief was not born out of thin air, there are a number of objective problems that often lead to the adoption of illegal decisions. It was determined that most of the problematic issues arise due to the lack of legal literacy among residents of apartment buildings. Sometimes even minor formal inaccuracies lead to disputes with other tenants, which often leads to litigation.

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Sobre autores

Alexander Kiselyov

Moscow State Regional University; Financial University under the Government of the Russian Federation

Autor responsável pela correspondência
Email: alskiselev@fa.ru
ORCID ID: 0000-0002-5044-4721
Código SPIN: 3570-8911
Scopus Author ID: 819975

Cand.Sci.(Law), Associate Professor of the Department of Civil Law, Faculty of Law, Institute of Economics, Management and Law, Senior Lecturer, Department of International and Public Law, Faculty of Law

Rússia, Mytishchi, Moscow reg.; Moscow

Maxim Kharenko

Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation

Email: alskiselev@fa.ru

Cand.Sci.(Pedagogics), Senior Lecturer at the Department of Civil Law

Rússia, Moscow

Bibliografia

  1. Bochkov P.V., Motorin N.V. Forgery of protocols of the OSS MKD: civil and criminal law aspects // Topical issues of combating crimes. 2023. No. 3. Р. 11-18.
  2. Demyanenko E.V. Procedural issues of consideration and resolution of cases on challenging decisions of general meetings of homeowners // Academic Bulletin of the Rostov branch of the Russian Customs Academy. – 2018. – № 2(31). – P. 89-95.
  3. Eliseev D.V. On the question of the nullity of decisions of the general meeting of owners of premises in an apartment building // Issues of Russian and international law. 2018. Vol. 8, No. 2A. P. 65-79.
  4. Ivanova E.V. Problematic aspects of recognizing the decision of the general meeting of owners invalid // Agrarian and land law. 2021. № 11(203). P. 185-191.
  5. Kovalenko Yu.N. Some legal problems of invalidation of decisions of meetings of owners of premises in apartment buildings in case of bankruptcy of management organizations and HOA // Prologue: journal of law. 2019. № 3(23). P. 70-77.
  6. Laptev V.A. Appealing decisions of civil law communities (building owners): competence of courts and participants in the dispute // Arbitration and civil procedure. 2019. No. 12. P.. 3-7.
  7. Masley S.E. Judicial practice in cases related to challenging decisions of general meetings of owners of premises in apartment buildings // Bulletin of Omsk University. Series: Law. 2018. № 2(55). P. 75-79.
  8. Masley S.E. The absence of a quorum as a basis for invalidating the decision of the general meeting of owners of premises in an apartment building // Bulletin of Omsk University. Series: Law. 2018. № 1(54). P. 94-98.
  9. Shuvalov R.R. Protection of the rights and legitimate interests of a group of persons on the example of a claim for recognition of the decision of the general meeting of owners of premises in an apartment building invalid // Results of modern scientific research and development : collection of articles of the XV All-Russian Scientific and practical conference, Penza, November 23, 2021. Penza: Science and Education (IP Gulyaev G.Yu.), 2021. P. 161-165.
  10. Yuryeva L.A. Recognition of the decision of the general meeting of owners of premises in an apartment building invalid // Historical, philosophical, political and legal sciences, cultural studies and art criticism. Questions of theory and practice. 2014. № 7-2(45). P. 216-219.

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