How to convene an OSBB general meeting on backup power
Author: Svitlo-Lux editorial team. Published , updated . Review (legal): approved (Project owner).
Facts on this page were checked against official sources as of ; next check by . Terms change: open the official source before making a decision.
The general meeting of an OSBB (condominium association) is the supreme governing body, and it is the meeting that decides on a backup power project. Below: who has the right to convene a meeting, how to notify the co-owners properly and what to put on the agenda so that the result is not challenged later.
Who convenes and how often
According to the text of the law, the initiator of a general meeting is the board or an initiative group of at least three owners of apartments or non-residential premises. Meetings are convened at least once a year. The board convenes and organizes them; if it is inactive, the initiative group can step in.
Article 10 of the law refers to the procedure provided for founding meetings. We therefore rely on the provisions of Article 6 as amended by Law No. 3270-IX, applying them to general meetings. Check separately how your charter supplements this procedure.
Notifying the co-owners
The notice is sent no later than ten calendar days before the meeting date. It is handed to each co-owner against personal signature or sent by registered mail to the address of their apartment or premises. A co-owner may submit a written statement in any form (electronic too) no later than fifteen calendar days before the meeting, and then notices will be sent to the other address or e-mail they indicate.
- the meeting initiator;
- the date, time and place;
- the agenda;
- whether remote participation by video conference is technically possible and how to connect.
Materials for consideration can be attached to the notice: a draft cost estimate, a comparison of offers, a technical note. The law separately requires choosing a date, time and place convenient for most potential participants.
Agenda for a backup power project
It is best to word the agenda as separate items, each voted on separately. Each co-owner votes only once on each item, so mixed wording complicates the count.
| Item | What exactly is decided | What to attach to the notice |
|---|---|---|
| Electing the meeting chair and secretary | Who runs the meeting and signs the minutes | Candidates |
| Purpose and scope of the project | Which consumers are powered without the grid | Technical note, list of consumers |
| Cost estimate | Approval of the project cost estimate | Draft cost estimate with version and date |
| Contributions | The procedure, list and amount of contributions | Calculation method by area |
| Authorizing the board | Conclude contracts within the cost estimate | Threshold amount from the charter |
| Reporting | Deadlines and form of the report to co-owners | Draft reporting procedure |
What to prepare for the meeting day
Meeting preparation
- an up-to-date register of co-owners with the areas of apartments and premises;
- survey sheets, one per co-owner;
- documents confirming the authority of representatives, if someone votes for another person;
- draft minutes with empty fields for the results;
- proof that the notice was delivered or sent within the deadline;
- technical connection details, if the meeting is partly remote.
Meeting day: who chairs and how remote voting works
The meeting is run by the meeting chair. The chair is elected by a majority of votes of the co-owners present or their representatives, and here each person present has one vote regardless of area. After that, on the separate agenda items, votes are counted by area.
Where technically possible, individual co-owners may, at their own wish, take part remotely by video conference. They vote by filling in survey sheets, and remote participants do not elect the meeting chair. Votes cast remotely are counted. Therefore decide in advance who will collect the electronic sheets and where they will be stored.
| Moment | Action | Benchmark under the law |
|---|---|---|
| 15 days before or earlier | Receiving statements about other addresses for notices | The statement must be submitted no later than this deadline |
| 10 days before or earlier | Sending the meeting notice | Minimum deadline |
| Meeting day | Registration, election of the chair, voting | Votes by area |
| Up to 45 days after the meeting | Written survey, if there were not enough votes | Maximum deadline |
| Up to 15 days after the meeting or survey | Notifying co-owners of the results | With the results on each item |
How to increase turnout without breaking the procedure
- set a date and time convenient for most people: the law expressly requires this;
- send the materials together with the notice so the items do not come as a surprise;
- offer an e-mail address for notices to those who submitted a statement;
- organize an apartment-by-apartment round with survey sheets if the meeting did not collect enough votes;
- do not promise rewards for participation: voting under pressure or for a reward is prohibited.
Frequently asked questions
- Can a group of residents convene a meeting without the board?
- According to the text of the law, the meeting initiator can be an initiative group of at least three owners of apartments or non-residential premises. Check the details of the procedure in the charter and with the OSBB lawyer.
- How many days in advance must the meeting notice be given?
- The law requires the notice to be sent no later than ten calendar days before the meeting. For co-owners who submitted a statement about an electronic address, a separate deadline for submitting the statement applies.
Next steps
Sources
- Law of Ukraine “On Associations of Co-owners of a Multi-apartment Building” (No. 2866-III, current version), Verkhovna Rada of Ukraine (official source), accessed
- Law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding the Simplification of Management of Multi-apartment Buildings” (No. 3270-IX), Verkhovna Rada of Ukraine (official source), accessed
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