Initially, the issue of managing homeownership is handled by the developer.

He receives permission to put the house into operation, then within 5 days from that moment he, at his own discretion, chooses the Criminal Code, with which for 3 months.

At the same time, the local self-government, within 20 days from the moment the MKD is put into operation, notifies that the house is put up for an open tender for the selection of the management company. Within 40 days from the notification of the event, the local government must hold this competition and inform all equity holders about its results within 10 days from the date of its completion.

Management activities are assigned to or by the local government of the company, since not all apartments are occupied and there are few owners to vote for the Criminal Code.

Grounds for the competition

The first basis for holding an elective competition is the delivery of an apartment building for direct use or operation.

When the construction phase is completed, and the owners have received their documents and long-awaited keys, a certain period is allotted by law for the tenants to choose a method of management.

The second reason arises as a result of non-fulfillment of the will of the legislator. If within the allotted period of one month, the tenants still do not choose the method of management, the local administration takes this issue under control and helps the tenants decide on the method of management.

If the owners have refused the services of one management company, they will need a new organization serving common house property. Thus, a change in the organization for managing an apartment building can also be considered a basis.

Reference! The law provides for situations when she herself breaks the contract. In this situation, it is also necessary to choose a new management company for the apartment building.

Competition rules

Regulatory acts

If representatives of the local self-government body are present at the meeting and competition, then a large role in the regulation of the event is given to local regulations. Each municipality has its own, but does not contradict the basic law.

To get acquainted with the acts of your municipality, you should go to the website of the city administration.

In addition, when holding a competition, it is important to be guided by the articles of the Housing Code, as he says. The rules for holding a tender for the selection of a management company, adopted by Government Decree No. 75 of February 6, 2006, are the main source, in accordance with which the whole procedure takes place. Read in advance all the nuances prescribed in this act.

In recent years, the legislative system of our country has been reformed more and more often, and the Housing Code has not bypassed innovations. Some articles more fully reveal themselves in Federal Law No. 38 of April 5, 2013. The act refers to the changes that have been made to the Housing Code, and also provides some comments on the articles.

Members

The participants of the competition are, on the one hand, the electors, that is, the residents of the house and the local self-government body (SRO), and on the other hand, the applicant or applicants for the mandatory management of the entire house.

The number of applicants is not limited, the main thing is to familiarize tenants with their participation in the auction in advance.

Competition subject

The subject of the competition is the right to manage the house and common house property, which will be expressed in the conclusion of an agreement between the parties for a limited or unlimited period.

Also, the subject can be attributed to the funds that the management company will manage, providing reporting to residents.

subject of bargaining

The subject of the auction is payment for the activities of the management company, as well as its ability to manage property. So, if one management company has valued its services and work at a certain amount, another may lower the bar and thus be more interesting to the owners.

Reference: during the auction, the management companies acquaint the owners with the results of their work in other areas, talk about possible prospects for cooperation and a program of action for the first time.

How is the winner determined?

If the initiators of the competition are the owners of an apartment building, then the winner is determined by voting.

The competition may be:

In both cases, the results obtained are summarized and a management company is appointed. But there is one "but".

If the sum of votes cast for the winner still does not reach the mark of fifty percent, the company that received the most votes does not pass the competition. Unanimity of owners required, which manifests itself in voting, where more than half of all votes are cast for one candidate.

All or more than two-thirds of all owners must be present during the competitive selection. In the absence of 2/3 of all residents of the house, the competition cannot be considered objective and the management company cannot be elected.

If the initiator of the competition is a local government, he himself appoints the management company or sums up his vote to the votes of residents.

Timing of selection

The management company must be elected within a month from the moment the house is put into operation. If this did not happen, the self-government body has the right to help the tenants make their choice for another month. In this way, the entire procedure for appointing a management company should not take more than two months.

Who has the right to initiate a tender?

Initiate a competition for the selection of a management company for an apartment building under the current Housing Code can only be:

1. Residents who choose a management company immediately after the completion of the new building.
2. Local self-government body - within a month, the administration should receive information about the organization serving the house. If this does not happen, the local self-government body independently initiates the election of a management company through a competition.

Herself the management company does not have the right to call tenants to meetings arrange meetings and sessions.

How to choose a management company for an apartment building?

Homeowners need to be critical in choosing a management company so that the organization suits all owners.

All residents of the apartment building must be warned about the choice in advance, for this, the evening round of apartments is most suitable (when all residents return from work) or informing by phone / sms / announcement at the entrance to the house.

Application for participation

Applications for participation are submitted on behalf of the management companies. They should indicate the name of the Criminal Code, the person in charge, the program under which cooperation should take place, conditions and contact information. You can accept an unlimited number of applications.

Notice

A notice of a competition for the selection of a managing organization must comply with a number of rules, and, first of all, be available to every owner.

Here main ways to notify owners:

• personal notification of each owner by visiting the housing;
• publication of information about the meeting in local media;
• publication on the website of the local government;
• notification by invitation to the mailbox;
• placement of information on stands in each entrance;
• call each owner.

Voting procedure when choosing a management company

First of all, it is necessary that the owners familiarize themselves with all applicants for the position of the management company even before the start of voting.

For this the time and date of the meeting is determined, and the information is posted on a common stand to which all owners have access. It is also possible to personally invite each owner to the meeting.

Without exception, all management companies can acquaint the owners with the terms of their cooperation through personal communication, distribution of leaflets, publication of articles on Internet resources.

On the day of the competitive selection, representatives of management companies, as well as most of the residents of the house, should appear. Representatives of organizations once again acquaint tenants with their conditions, offering certain clauses in the contract. Then voting begins, which can be either open or closed.

If the initiator of an open competition for the selection of a managing organization is a municipal body, then information about the meeting must also be conveyed to the owners, but the meeting will also require the presence of representatives of local governments.

Important! In the absence of unanimity in the vote, it is the representative of the local government that appoints the PC.

Opening of envelopes and consideration of applications

Applications are considered carefully and discussed directly at the meeting. From them, a list of the most worthy and credible candidates is formed, from which the winner is selected.

The moment of opening the envelopes with bids is recorded in the minutes of the meeting. Owners can ask questions to representatives, trying to get the most complete information.

Conducting a competition and summarizing its results

A competition for the selection of a managing organization for an apartment building is held immediately at the meeting, after all candidates have been presented.

When all the votes are recorded in the minutes, the result is announced. If the voting took place in the ballot format, the papers are not thrown away, but remain, in order to confirm the legitimacy of the victory of one or another management company, if necessary.

When the winner is announced, they discuss the prospects for a future contract with him, draw up a document and sign it. The rest of the nominees who did not get the required votes leave the meeting.

Sample minutes of the general meeting

Examples of drawing up the minutes of the general meeting at the choice of the management company are presented below.

How does the administration choose the UK?

Reference: if the tenants themselves did not elect a management company within the specified period (one month), then the selection and appointment of the manager is entrusted to the district administration.

In this case, the specialists appoint a competition among the management companies (both parties, the owners of the apartment building and all managing organizations that may participate in it, are notified of the competition without fail).

Actions of the administration in this process:

The developer can conclude a house management agreement with the management company no later than five days after the apartment building is put into operation. Residents of the house have the right within a month after putting the house into operation or leave the same company.

Conclusion of an agreement for the management of an apartment building

The final stage of the competition is. As a rule, it is drawn up in the presence of representatives of the owners and the management company.

Once again, all the details, the term of interaction, possible reasons for terminating the contract are discussed. After that, the contract is certified by a notary and signed by the parties.

The contract is signed in duplicate- one will be kept in the management company, the other - with the representative of the owners.

Residents can write down their wishes for property management, but be sure to coordinate this with a representative of the organization. As soon as the contract is signed, the management company can begin its direct duties.

What are the violations?

Violations of the choice of the Criminal Code are associated with the election process itself:

Any violation of the selection process entails not only the dissatisfaction of the tenants of the selected management company, but also jeopardizes the financial side of cooperation.

To appeal the identified violations, apartment owners do the following::

1. a statement about the discovery of a violation;
2. collect signatures from residents on consent and participation in the accusatory process;
3. collect the necessary evidence. This may be a video of the voting process, ballots, violations in the work of the management company, etc.

Persons who find violations should contact the prosecutor's office or the district court.

The competition for the selection of a managing organization for an apartment building is not as complicated as it might seem at first glance. Remember your rights as an owner, and then no one can infringe on them.

If you find an error, please highlight a piece of text and click Ctrl+Enter.

Article 161 of the LC RF. Choosing a way to manage an apartment building. General requirements for the management of an apartment building

(as amended by Federal Law No. 123-FZ of 04.06.2011)

1. The management of an apartment building must ensure favorable and safe living conditions for citizens, the proper maintenance of common property in an apartment building, the resolution of issues related to the use of this property, as well as the provision of public services to citizens living in such a house, or in cases provided for article 157.2 of this Code, the constant readiness of utilities and other equipment that are part of the common property of the owners of premises in an apartment building for the provision of public services (hereinafter referred to as ensuring the readiness of engineering systems). The Government of the Russian Federation establishes standards and rules for the management of apartment buildings.

(as amended by Federal Laws dated 06/04/2011 N 123-FZ, dated 04/03/2018 N 59-FZ)

1.1. Proper maintenance of the common property of owners of premises in an apartment building must be carried out in accordance with the requirements of the legislation of the Russian Federation, including in the field of ensuring the sanitary and epidemiological welfare of the population, on technical regulation, fire safety, consumer protection, and must ensure:

1) compliance with the requirements for the reliability and safety of an apartment building;

2) safety of life and health of citizens, property of individuals, property of legal entities, state and municipal property;

3) availability of use of premises and other property that is part of the common property of the owners of premises in an apartment building;

4) observance of the rights and legitimate interests of the owners of premises in an apartment building, as well as other persons;

5) the constant readiness of utilities, metering devices and other equipment that are part of the common property of the owners of premises in an apartment building, to supply the resources necessary for the provision of public services to citizens living in an apartment building, in accordance with the rules for the provision, suspension and restriction provision of utility services to owners and users of premises in apartment buildings and residential buildings established by the Government of the Russian Federation.

(Part 1.1 was introduced by Federal Law No. 123-FZ of 04.06.2011)

1.2. The composition of the minimum list of services and works necessary to ensure the proper maintenance of common property in an apartment building, the procedure for their provision and implementation are established by the Government of the Russian Federation.

(Part 1.2 was introduced by Federal Law No. 123-FZ of 04.06.2011)

1.3. Activities for the management of apartment buildings are carried out on the basis of a license for its implementation, except for the case when such activities are carried out by a homeowners association, housing cooperative or other specialized consumer cooperative and provided for part 3 of article 200 of this Case Code.

(Part 1.3 was introduced by Federal Law No. 255-FZ of July 21, 2014)

2. The owners of premises in an apartment building are required to choose one of the ways to manage the apartment building:

1) direct management of the owners of premises in an apartment building, the number of apartments in which is not more than thirty;

(as amended by Federal Laws of 21.07.2014 N 255-FZ, of 29.06.2015 N 176-FZ)

2) management of an association of homeowners or a housing cooperative or other specialized consumer cooperative;

3) management of the managing organization.

ConsultantPlus: note.

On the features of the application of Part 2.1 of Art. 161 to contracts for MSW management services concluded before 01/01/2016 for a period of more than 10 years, see the Federal Law of 12/29/2014 N 458-FZ.

2.1. When directly managing an apartment building by the owners of premises in this building, persons who perform work on the maintenance and repair of common property in an apartment building, provide cold and hot water supply and carry out water disposal, electricity, gas supply (including the supply of domestic gas in cylinders), heating ( heat supply, including the supply of solid fuel in the presence of stove heating), the management of municipal solid waste, are responsible to the owners of the premises in this house for the fulfillment of their obligations in accordance with the concluded agreements, as well as in accordance with the rules established by the Government of the Russian Federation for the maintenance of general property in an apartment building, the rules for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings.

(Part 2.1 was introduced by Federal Law No. 123-FZ of 04.06.2011; as amended by Federal Law No. 458-FZ of 29.12.2014)

2.2. When managing an apartment building by a partnership of homeowners or a housing cooperative or other specialized consumer cooperative, the said partnership or cooperative is responsible for the maintenance of common property in this building in accordance with the requirements of technical regulations and the rules established by the Government of the Russian Federation for maintaining common property in an apartment building, for the provision of communal services, depending on the level of improvement of this house, the quality of which must comply with the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings, or in cases provided for article 157.2 of this Code, for ensuring the readiness of engineering systems. The specified partnership or cooperative may provide services and (or) carry out work on the maintenance and repair of common property in an apartment building on its own or engage, on the basis of contracts, persons engaged in relevant activities. When concluding an agreement on the management of an apartment building with a managing organization, the said partnership or cooperative shall exercise control over the fulfillment by the managing organization of obligations under such an agreement, including the provision of all services and (or) the performance of work to ensure the proper maintenance of common property in this house, the provision of utilities services, depending on the level of improvement of this house, the quality of which must comply with the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings.

(Part 2.2 was introduced by Federal Law No. 123-FZ of 04.06.2011; as amended by Federal Law No. 59-FZ of 03.04.2018)

2.3. When managing an apartment building by a managing organization, it is responsible to the owners of premises in an apartment building for the provision of all services and (or) performance of work that ensures the proper maintenance of common property in this house and the quality of which must comply with the requirements of technical regulations and the maintenance rules established by the Government of the Russian Federation common property in an apartment building, for the provision of public services depending on the level of improvement of this house, the quality of which must comply with the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings, or in cases provided for article 157.2 of this Code, for ensuring the readiness of engineering systems.

(Part 2.3 was introduced by Federal Law No. 123-FZ of 04.06.2011; as amended by Federal Law No. 59-FZ of 03.04.2018)

ConsultantPlus: note.

When changing the method of managing an MKD or choosing a managing organization, you can decide to maintain the previous procedure for the provision of utilities and payments for them ( Federal Law of June 29, 2015 N 176-FZ).

3. The method of managing an apartment building is chosen at a general meeting of owners of premises in an apartment building and can be chosen and changed at any time based on its decision. The decision of the general meeting on the choice of management method is binding on all owners of premises in an apartment building.

3.1. Upon termination of management of an apartment building by a partnership of homeowners, a housing or housing-construction cooperative, or other specialized consumer cooperative, the said partnership, cooperative, within three working days from the date of the decision of the general meeting of owners of premises in an apartment building to change the method of managing such a house, must transfer the technical documentation to an apartment building and other documents related to the management of such a building, keys to premises that are part of the common property of the owners of premises in an apartment building, electronic access codes to equipment that is part of the common property of owners of premises in an apartment building, and other technical means and equipment necessary for the operation and management of the apartment building, to the person who has assumed the obligation to manage the apartment building, or in the case of choosing a direct method of managing the apartment building to the owner of the premises in an apartment building, specified in the decision of the general meeting of owners of premises in an apartment building on the choice of a direct method of managing the apartment building, or, if such an owner is not indicated, to any owner of the premises in such an apartment building.

(Part 3.1 was introduced by Federal Law No. 485-FZ of December 31, 2017)

4. The local self-government body, in the manner established by the Government of the Russian Federation, holds an open competition for the selection of a managing organization in the cases specified in parts 13 this article and part 5 of article 200 of this Code, as well as in the event that within six months before the day of the said competition, the owners of premises in an apartment building have not chosen a way to manage this house or if the decision made on choosing a way to manage this house has not been implemented. An open tender is also held if, before the expiration of the contract for managing an apartment building concluded on the basis of the results of an open tender, the method of managing this house has not been chosen or if the decision made on choosing the method of managing this house has not been implemented.

(as amended by Federal Laws of December 29, 2006 N 251-FZ, of July 23, 2008 N 160-FZ, of July 27, 2010 N 237-FZ, of June 4, 2018 N 134-FZ)

4.1. Information on holding an open tender for the selection of a managing organization is posted on the official website of the Russian Federation in the information and telecommunications network "Internet" for posting information about the auction (hereinafter referred to as the official website on the Internet). The Government of the Russian Federation determines the official website on the Internet and the body authorized to maintain it. Until the Government of the Russian Federation determines the official website on the Internet, a notice of an open tender is posted on the official website of the municipality on the Internet information and telecommunication network, and is also published in an official print publication intended for publishing information on placing orders for municipal needs. . Information about the holding of the specified competition should be available for review to all interested parties without charging a fee. Information on the results of an open competition is posted on the website in the information and telecommunications network "Internet", on which information about its holding was posted, no later than three days from the date of determining such results, and is also published in the official print publication in which information about its implementation.

(Part 4.1 was introduced by Federal Law No. 401-FZ of December 6, 2011)

5. Local self-government body within ten days from the date of the open tender provided for part 4 of this article, notifies all owners of premises in an apartment building of the results of this competition and the terms of the contract for managing this building. The owners of premises in an apartment building are required to conclude a management agreement for this building with a managing organization selected based on the results of the stipulated part 4 of this article of an open tender, in the manner prescribed by article 445 of the Civil Code of the Russian Federation.

6. Local self-government body no later than one month before the expiration date specified in parts 5 of this article of the contract for the management of an apartment building convenes a meeting of the owners of the premises in this house to decide on the choice of a method for managing this house, if such a decision has not been previously made in accordance with part 3 of this article.

(as amended by Federal Law No. 251-FZ of December 29, 2006)

7. Any owner of premises in an apartment building may apply to the court with a request to oblige local authorities to choose a management organization in accordance with the provisions parts 4 of this article.

(as amended by Federal Law No. 38-FZ of April 5, 2013)

8.1. It is not allowed to conclude an agreement on the management of an apartment building based on the results of an open tender or if the specified tender is declared invalid, earlier than ten days from the date of posting information about the results of the specified tender on the official website on the Internet. This requirement does not apply until the Government of the Russian Federation determines the official site on the Internet.

(Part 8.1 was introduced by Federal Law No. 401-FZ of December 6, 2011)

9. An apartment building can be managed by only one managing organization.

ConsultantPlus: note.

Ch. 10 Art. 161 (as amended by the Federal Law of July 21, 2014 N 263-FZ ) is applied until 01/01/2018, in the years. Moscow, St. Petersburg, Sevastopol - until 07/01/2019.

10. The managing organization must ensure free access to information on the main indicators of its financial and economic activities, on the services provided and on the work performed for the maintenance and repair of common property in an apartment building, on the procedure and conditions for their provision and implementation, on their cost, on prices (tariffs) for resources necessary for the provision of utility services, in accordance with the disclosure standard approved by the Government of the Russian Federation. Features of disclosing information about the activities of managing an apartment building and providing for familiarization the documents provided for by this Code by a homeowners association or a housing cooperative or other specialized consumer cooperative that manages an apartment building (without concluding an agreement with a managing organization) are established by this information disclosure standard. Control over compliance with this information disclosure standard by such a partnership, cooperative, managing organization is carried out by authorized executive authorities of the constituent entities of the Russian Federation specified in part 2 of article 20 of this Code, in accordance with the procedure established by the federal executive body authorized by the Government of the Russian Federation.

(Part 10 as amended by Federal Law No. 263-FZ of July 21, 2014)

ConsultantPlus: note.

Ch. 10.1 Art. 161 from 07/01/2017 is applied in the territories of all regions, and in the years. Moscow, St. Petersburg, Sevastopol - from 07/01/2019 (FZ of 07/21/2014 N 263-FZ).

10.1. The managing organization is obliged to provide free access to information on the main indicators of its financial and economic activities, on the services provided and on the work performed for the maintenance and repair of common property in an apartment building, on the procedure and conditions for their provision and implementation, on their cost, on prices (tariffs) for the provided utility services by placing it in the system. order, composition, timing and frequency placement in the system of information on the activities of managing an apartment building and providing for familiarization the documents provided for by this Code, a homeowners' association or a housing cooperative or other specialized consumer cooperative that manages an apartment building (without concluding an agreement with a managing organization), are established by the federal executive body , performing the functions of developing and implementing state policy and legal regulation in the field of information technology, together with the federal executive body, performing the functions of developing and implementing state policy and regulatory legal regulation in the field of housing and communal services, if a different placement period in the system of this information is not established by federal law.

(Part 10.1 was introduced by Federal Law No. 263-FZ of July 21, 2014; as amended by Federal Law No. 469-FZ of December 28, 2016)

11. In the case provided for article 157.2 of this Code, a managing organization, a partnership of homeowners or a housing cooperative or other specialized consumer cooperative that manages an apartment building, in the manner established by the Government of the Russian Federation, must:

1) provide resource-supplying organizations, the regional operator for the treatment of municipal solid waste with the information necessary for calculating fees for utilities, including the readings of individual metering devices (when such readings are provided by the owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or contracts for the lease of residential premises of the state or municipal housing stock in this house to a managing organization, a homeowners association or a housing cooperative or other specialized consumer cooperative) and collective (common house) metering devices installed in an apartment building;

2) to control the quality of communal resources and the continuity of their supply to the boundaries of common property in an apartment building;

3) accept from owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or contracts for the rental of residential premises of state or municipal housing stock in this house complaints about violations of the requirements for the quality of public services and (or) the continuity of the provision of such services, violations in the calculation the amount of payment for utilities and interact with resource-supplying organizations and the regional operator for the treatment of municipal solid waste when considering these applications, verifying the facts set forth in them, eliminating identified violations and sending information on the results of consideration of applications in the manner established by the Government of the Russian Federation;

4) provide resource-supplying organizations with access to common property in an apartment building in order to suspend or restrict the provision of utility services to owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or rental agreements for residential premises of state or municipal housing stock in this house or by agreement with resource-supplying organizations to suspend or restrict the provision of utility services to owners of premises in an apartment building and tenants of residential premises under social rental contracts or contracts for the rental of residential premises of state or municipal housing stock in this house.

ConsultantPlus: note.

On the features of the application of Part 12 of Art. 161 to contracts for MSW management services concluded before 01/01/2016 for a period of more than 10 years, see the Federal Law of 12/29/2014 N 458-FZ.

12. Management organizations, associations of homeowners or housing cooperatives or other specialized consumer cooperatives that manage multi-apartment buildings are not entitled to refuse to conclude in accordance with the rules specified in part 1 of article 157 of this Code, agreements, including those relating to utility resources consumed in the maintenance of common property in an apartment building, with resource supply organizations that provide cold and hot water supply, sanitation, electricity, gas supply (including domestic gas supplies in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating), and the regional operator for the treatment of municipal solid waste, with the exception of cases provided for by the procedure established by the legislation on urban planning, permits for the commissioning of an apartment building, the local government places a notice on holding an open tender for the selection of a managing organization on the official website on the Internet and no later than within forty days from the date of placement of such a notice, conducts in accordance with part 4 of this article is an open competition. Within ten days from the date of the open tender, the local self-government body notifies all persons who have accepted from the developer (the person providing the construction of an apartment building) after issuing him a permit to put the apartment building into operation of the premises in this house according to the deed of transfer or other transfer document, on the results of an open tender and on the terms of the contract for managing this house. These persons are required to conclude a management agreement for this house with a management organization selected based on the results of an open tender. If within two months from the date of the open tender, the owners have not concluded a management agreement with the managing organization, such an agreement is considered concluded on the terms determined by the open tender.

(as amended by Federal Laws of 04/05/2013 N 38-FZ, of 06/29/2015 N 176-FZ)

14. Prior to the conclusion of the contract for the management of an apartment building between the person specified in clause 6 of part 2 of article 153 of this Code, and a managing organization selected on the basis of an open tender, the management of an apartment building is carried out by a managing organization, with which the developer must conclude an agreement on the management of an apartment building no later than five days from the date of receipt of permission to put the apartment building into operation.

(Part 14 as amended by Federal Law No. 176-FZ of June 29, 2015)

14.1. In the event of termination of the use of the building as a rental house, the owner, who owns all the premises in the apartment building, makes decisions on issues related to the management of the apartment building, in the manner prescribed by part 7 of article 46 of this Code. In the event of the sale or otherwise alienation of the first premises in this multi-apartment building, the owners of the premises in this multi-apartment building, within one year from the date of sale or otherwise alienation of the first premises in this multi-apartment building, must choose such owners at a general meeting and implement a method for managing this apartment building .

(Part 14.1 was introduced by Federal Law No. 217-FZ of July 21, 2014)

15. The organization that supplies the resources necessary for the provision of public services is responsible for the supply of these resources of adequate quality to the boundaries of the common property in an apartment building and the boundaries of the external networks of engineering and technical support for this house, unless otherwise established by an agreement with such an organization.

(Part 15 was introduced by Federal Law No. 123-FZ of 04.06.2011)

ConsultantPlus: note.

On the features of the application of Part 15.1 of Art. 161 to contracts for MSW management services concluded before 01/01/2016 for a period of more than 10 years, see the Federal Law of 12/29/2014 N 458-FZ.

15.1. The regional operator for the treatment of municipal solid waste is responsible for the provision of municipal services for the treatment of municipal solid waste starting from the place of accumulation of municipal solid waste, unless otherwise provided by the contract.

(Part 15.1 was introduced by Federal Law No. 458-FZ of December 29, 2014; as amended by Federal Law No. 404-FZ of December 29, 2015)

16. The person who is responsible for the maintenance and repair of common property in an apartment building, within the scope of the provision of these services, is obliged to ensure the condition of the common property in an apartment building at the level necessary for the provision of public services of proper quality.

(Part 16 was introduced by Federal Law No. 123-FZ of 04.06.2011)

17. Management of an apartment building, in respect of which the owners of premises in an apartment building have not chosen the method of managing such a house in the manner prescribed by this Code, or the chosen method of management has not been implemented, a managing organization has not been determined, including due to the recognition of an open tender for selection as invalid management organization, conducted by a local government body in accordance with this Code, is carried out by a management organization that has a license to carry out entrepreneurial activities for the management of apartment buildings, determined by the decision of the local government body in the manner and on the conditions established by the Government of the Russian Federation. Such a managing organization carries out activities for the management of an apartment building until the owners of premises in an apartment building choose a method for managing an apartment building or until an agreement on managing an apartment building is concluded with a management organization determined by the owners of premises in an apartment building or according to the results of an open tender provided for part 4 of this article, but not more than one year.

ZhK RF Article 161 General requirements for the management of an apartment building

1. The management of an apartment building must ensure favorable and safe living conditions for citizens, the proper maintenance of common property in an apartment building, the resolution of issues related to the use of this property, as well as the provision of public services to citizens living in such a house, or in cases provided for in Article 157.2 of this Code, constant readiness of utilities and other equipment that are part of the common property of the owners of premises in an apartment building for the provision of public services (hereinafter - ensuring the readiness of engineering systems). The Government of the Russian Federation establishes standards and rules for the management of apartment buildings.

(see text in previous edition)

1.1. Proper maintenance of the common property of owners of premises in an apartment building must be carried out in accordance with the requirements of the legislation of the Russian Federation, including in the field of ensuring the sanitary and epidemiological welfare of the population, on technical regulation, fire safety, consumer protection, and must ensure:

1) compliance with the requirements for the reliability and safety of an apartment building;

2) safety of life and health of citizens, property of individuals, property of legal entities, state and municipal property;

3) availability of use of premises and other property that is part of the common property of the owners of premises in an apartment building;

4) observance of the rights and legitimate interests of the owners of premises in an apartment building, as well as other persons;

5) the constant readiness of utilities, metering devices and other equipment that are part of the common property of the owners of premises in an apartment building, to supply the resources necessary for the provision of public services to citizens living in an apartment building, in accordance with the rules for the provision, suspension and restriction provision of utility services to owners and users of premises in apartment buildings and residential buildings established by the Government of the Russian Federation.

1.2. The composition of the minimum list of services and works necessary to ensure the proper maintenance of common property in an apartment building, the procedure for their provision and implementation are established by the Government of the Russian Federation.

1.3. Activities for the management of multi-apartment buildings are carried out on the basis of a license for its implementation, except for the case when such activities are carried out by a homeowners association, housing cooperative or other specialized consumer cooperative and the case provided for by part 3 of Article 200 of this Code.

2. The owners of premises in an apartment building are required to choose one of the ways to manage the apartment building:

1) direct management of the owners of premises in an apartment building, the number of apartments in which is not more than thirty;

(see text in previous edition)

2) management of an association of homeowners or a housing cooperative or other specialized consumer cooperative;

3) management of the managing organization.

2.1. When directly managing an apartment building by the owners of premises in this building, persons who perform work on the maintenance and repair of common property in an apartment building, provide cold and hot water supply and carry out water disposal, electricity, gas supply (including the supply of domestic gas in cylinders), heating ( heat supply, including the supply of solid fuel in the presence of stove heating), the management of municipal solid waste, are responsible to the owners of the premises in this house for the fulfillment of their obligations in accordance with the concluded agreements, as well as in accordance with the rules established by the Government of the Russian Federation for the maintenance of general property in an apartment building, the rules for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings.

(see text in previous edition)

2.2. When managing an apartment building by a partnership of homeowners or a housing cooperative or other specialized consumer cooperative, the said partnership or cooperative is responsible for the maintenance of common property in this building in accordance with the requirements of technical regulations and the rules established by the Government of the Russian Federation for maintaining common property in an apartment building, for the provision of communal services, depending on the level of improvement of this house, the quality of which must comply with the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings, or in cases provided for in Article 157.2 of this Code, for providing readiness of engineering systems. The specified partnership or cooperative may provide services and (or) carry out work on the maintenance and repair of common property in an apartment building on its own or engage, on the basis of contracts, persons engaged in relevant activities. When concluding an agreement on the management of an apartment building with a managing organization, the said partnership or cooperative shall exercise control over the fulfillment by the managing organization of obligations under such an agreement, including the provision of all services and (or) the performance of work to ensure the proper maintenance of common property in this house, the provision of utilities services, depending on the level of improvement of this house, the quality of which must comply with the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings.

(see text in previous edition)

2.3. When managing an apartment building by a managing organization, it is responsible to the owners of premises in an apartment building for the provision of all services and (or) performance of work that ensures the proper maintenance of common property in this house and the quality of which must comply with the requirements of technical regulations and the maintenance rules established by the Government of the Russian Federation common property in an apartment building, for the provision of public services depending on the level of improvement of this house, the quality of which must comply with the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings, or in cases provided for in Article 157.2 of this Code, for ensuring the readiness of engineering systems.

(see text in previous edition)

ConsultantPlus: note.

When changing the method of managing an MKD or choosing a managing organization, you can decide to maintain the previous procedure for the provision of utility services and payments for them (Federal Law of 06/29/2015 N 176-FZ).

3. The method of managing an apartment building is chosen at a general meeting of owners of premises in an apartment building and can be chosen and changed at any time based on its decision. The decision of the general meeting on the choice of management method is binding on all owners of premises in an apartment building.

(see text in previous edition)

3.1. Upon termination of management of an apartment building by a partnership of homeowners, a housing or housing-construction cooperative, or other specialized consumer cooperative, the said partnership, cooperative, within three working days from the date of the decision of the general meeting of owners of premises in an apartment building to change the method of managing such a house, must transfer the technical documentation to an apartment building and other documents related to the management of such a building, keys to premises that are part of the common property of the owners of premises in an apartment building, electronic access codes to equipment that is part of the common property of owners of premises in an apartment building, and other technical means and equipment necessary for the operation and management of the apartment building, to the person who has assumed the obligation to manage the apartment building, or in the case of choosing a direct method of managing the apartment building to the owner of the premises in an apartment building, specified in the decision of the general meeting of owners of premises in an apartment building on the choice of a direct method of managing the apartment building, or, if such an owner is not indicated, to any owner of the premises in such an apartment building.

4. The local self-government body, in accordance with the procedure established by the Government of the Russian Federation, holds an open competition for the selection of a managing organization in the cases specified in Part 13 of this Article and Part 5 of Article 200 of this Code, and also if, within six months before the date of the holding of the specified competition, the owners of premises in an apartment building did not choose a way to manage this house or if the decision made on choosing a way to manage this house was not implemented. An open tender is also held if, before the expiration of the contract for managing an apartment building concluded on the basis of the results of an open tender, the method of managing this house has not been chosen or if the decision made on choosing the method of managing this house has not been implemented.

(see text in previous edition)

4.1. Information on holding an open tender for the selection of a managing organization is posted on the official website of the Russian Federation in the information and telecommunications network "Internet" for posting information about the auction (hereinafter referred to as the official website on the Internet). The Government of the Russian Federation determines the official website on the Internet and the body authorized to maintain it. Until the Government of the Russian Federation determines the official website on the Internet, a notice of an open tender is posted on the official website of the municipality on the Internet information and telecommunication network, and is also published in an official print publication intended for publishing information on placing orders for municipal needs. . Information about the holding of the specified competition should be available for review to all interested parties without charging a fee. Information on the results of an open competition is posted on the website in the information and telecommunications network "Internet", on which information about its holding was posted, no later than three days from the date of determining such results, and is also published in the official print publication in which information about its implementation.

5. The local self-government body, within ten days from the date of the open tender provided for by paragraph 4 of this article, notifies all owners of premises in an apartment building about the results of this tender and about the terms of the contract for managing this house. The owners of premises in an apartment building are obliged to conclude a management agreement for this building with a managing organization selected based on the results of the open tender provided for by Part 4 of this Article, in the manner prescribed by Article 445 of the Civil Code of the Russian Federation.

6. Not later than one month before the expiration of the term of the contract for managing an apartment building specified in paragraph 5 of this article, the local government convenes a meeting of owners of premises in this house to decide on the choice of a method for managing this house, if such a decision has not been previously made in accordance with with part 3 of this article.

(see text in previous edition)

7. Any owner of premises in an apartment building may apply to the court with a request to oblige local governments to select a management organization in accordance with the provisions of part 4 of this article.

(see text in previous edition)

8.1. It is not allowed to conclude an agreement on the management of an apartment building based on the results of an open tender or if the specified tender is declared invalid, earlier than ten days from the date of posting information about the results of the specified tender on the official website on the Internet. This requirement does not apply until the Government of the Russian Federation determines the official site on the Internet.

9. An apartment building can be managed by only one managing organization.

(see text in previous edition)

10. The managing organization must ensure free access to information on the main indicators of its financial and economic activities, on the services provided and on the work performed for the maintenance and repair of common property in an apartment building, on the procedure and conditions for their provision and implementation, on their cost, on prices (tariffs) for resources necessary for the provision of utility services, in accordance with the disclosure standard approved by the Government of the Russian Federation. Features of disclosing information about the activities of managing an apartment building and providing for familiarization the documents provided for by this Code by a homeowners association or a housing cooperative or other specialized consumer cooperative that manages an apartment building (without concluding an agreement with a managing organization) are established by this information disclosure standard. Control over compliance with this information disclosure standard by such a partnership, cooperative, managing organization is carried out by the authorized executive authorities of the constituent entities of the Russian Federation specified in Part 2 of Article 20 of this Code, in the manner established by the federal executive authority authorized by the Government of the Russian Federation.

(see text in previous edition)

10.1. The managing organization is obliged to provide free access to information on the main indicators of its financial and economic activities, on the services provided and on the work performed for the maintenance and repair of common property in an apartment building, on the procedure and conditions for their provision and implementation, on their cost, on prices (tariffs) for the provided utility services by placing it in the system. The procedure, composition, timing and frequency of posting in the system information on the activities of managing an apartment building and providing for familiarization the documents provided for by this Code by a homeowners association or a housing cooperative or other specialized consumer cooperative managing an apartment building (without concluding an agreement with a managing organization ) are established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of information technology, together with the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and public utilities, unless another period for posting the specified information in the system is established by federal law.

(see text in previous edition)

11. In the case provided for by Article 157.2 of this Code, the managing organization, a homeowners' association or a housing cooperative or other specialized consumer cooperative that manages an apartment building, in the manner established by the Government of the Russian Federation, must:

1) provide resource-supplying organizations, the regional operator for the treatment of municipal solid waste with the information necessary for calculating fees for utilities, including the readings of individual metering devices (when such readings are provided by the owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or contracts for the lease of residential premises of the state or municipal housing stock in this house to a managing organization, a homeowners association or a housing cooperative or other specialized consumer cooperative) and collective (common house) metering devices installed in an apartment building;

2) to control the quality of communal resources and the continuity of their supply to the boundaries of common property in an apartment building;

3) accept from owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or contracts for the rental of residential premises of state or municipal housing stock in this house complaints about violations of the requirements for the quality of public services and (or) the continuity of the provision of such services, violations in the calculation the amount of payment for utilities and interact with resource-supplying organizations and the regional operator for the treatment of municipal solid waste when considering these applications, verifying the facts set forth in them, eliminating identified violations and sending information on the results of consideration of applications in the manner established by the Government of the Russian Federation;

4) provide resource-supplying organizations with access to common property in an apartment building in order to suspend or restrict the provision of utility services to owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or rental agreements for residential premises of state or municipal housing stock in this house or by agreement with resource-supplying organizations to suspend or restrict the provision of utility services to owners of premises in an apartment building and tenants of residential premises under social rental contracts or contracts for the rental of residential premises of state or municipal housing stock in this house.

(see text in previous edition)

11.1. With the direct management of an apartment building by the owners of premises in an apartment building, a municipal solid waste management service is provided to owners and users of premises in this building by a regional operator for municipal solid waste management.

12. Management organizations, associations of homeowners or housing cooperatives or other specialized consumer cooperatives that manage multi-apartment buildings are not entitled to refuse to conclude contracts in accordance with the rules specified in paragraph 1 of Article 157 of this Code, including in relation to communal resources consumed in the maintenance of common property in an apartment building, with resource-supplying organizations that provide cold and hot water supply, sewerage, electricity, gas supply (including domestic gas supplies in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating), and a regional operator for the treatment of municipal solid waste, except for the cases provided for by Part 1 of Article 157.2 of this Code. The validity period and other conditions of the said contracts, including those concluded with regard to the acquisition of communal resources consumed in the use and maintenance of common property in an apartment building, are established in accordance with the rules specified in part 1 of article 157, part 4 of this article open tender. Within ten days from the date of the open tender, the local self-government body notifies all persons who have accepted from the developer (the person providing the construction of an apartment building) after issuing him a permit to put the apartment building into operation of the premises in this house according to the deed of transfer or other transfer document, on the results of an open tender and on the terms of the contract for managing this house. These persons are required to conclude a management agreement for this house with a management organization selected based on the results of an open tender. If within two months from the date of the open tender, the owners have not concluded a management agreement with the managing organization, such an agreement is considered concluded on the terms determined by the open tender.

part 7 of Article 46 of this Code. In the event of the sale or otherwise alienation of the first premises in this multi-apartment building, the owners of the premises in this multi-apartment building, within one year from the date of sale or otherwise alienation of the first premises in this multi-apartment building, must choose such owners at a general meeting and implement a method for managing this apartment building .

15. The organization that supplies the resources necessary for the provision of public services is responsible for the supply of these resources of adequate quality to the boundaries of the common property in an apartment building and the boundaries of the external networks of engineering and technical support for this house, unless otherwise established by an agreement with such an organization.

15.1. The regional operator for the treatment of municipal solid waste is responsible for the provision of municipal services for the treatment of municipal solid waste starting from the place of accumulation of municipal solid waste, unless otherwise provided by the contract.

(see text in previous edition)

16. The person who is responsible for the maintenance and repair of common property in an apartment building, within the scope of the provision of these services, is obliged to ensure the condition of the common property in an apartment building at the level necessary for the provision of public services of proper quality.

17. Management of an apartment building, in respect of which the owners of premises in an apartment building have not chosen the method of managing such a house in the manner prescribed by this Code, or the chosen method of management has not been implemented, a managing organization has not been determined, including due to the recognition of an open tender for selection as invalid management organization, conducted by a local government body in accordance with this Code, is carried out by a management organization that has a license to carry out entrepreneurial activities for the management of apartment buildings, determined by the decision of the local government body in the manner and on the conditions established by the Government of the Russian Federation. Such a managing organization carries out activities for the management of an apartment building until the owners of the premises in the apartment building choose a method for managing the apartment building or until the conclusion of an agreement on the management of the apartment building with a management organization determined by the owners of the premises in the apartment building or based on the results of an open tender provided for in paragraph 4 of this article, but no more than one year.

Usually, when buying an apartment, citizens do not think about who will serve their new housing. Good for those who do not have claims to the management company. But if you are not lucky, you should know what management rights the law gives the buyer.

WITHOUT OPTIONS

The main document that regulates housing management activities, including in a new building, is the Housing Code of the Russian Federation (LC). True, many management issues are spelled out in it extremely vaguely, which makes it possible to interpret the requirements of the law quite broadly.

For example, on the one hand, the LC establishes (in paragraph 2 of article 161) that the owners should choose the method of housing management (see certificate). But on the other hand, paragraph 13 of Article 161 obliges local governments to hold open tenders to select a company to manage a new building (UK). The municipality, within 20 days from the day the house is put into use, places an announcement for such a competition, which must take place no later than 40 days from the date of this publication. Shareholders who have accepted apartments from the developer are given 10 days to notify about this. At the same time, shareholders are informed of the terms of the contract for managing their home. They cannot refuse to conclude an agreement with a management company selected by tender. If within two months from the date of summing up the results of the selection, the new settlers do not sign such an agreement, then it is considered concluded automatically.

At the same time, paragraph 14 of the same article states: before the tenants enter into these contracts, the developer must appoint a management company - no later than five days after the house is put into operation. Usually, the shareholder's consent is written in the equity agreement for the house to be managed by the builder's management company. That is, there can be no question of any choice of control method in this scheme.

There is a logic in this: even if all the apartments in it are sold out by the time the house is commissioned, this does not mean that the tenants will move into them as soon as the developer gives them the keys. Approximately 6-8% (and in some properties - up to 20%) of housing in the complex are bought by investors who do not plan to live there. This means that they may not appear in the apartment for many months, or even years. And the rest of the buyers do not immediately enter the new walls. But the LCD requires that the choice of a way to manage housing be carried out by a general meeting of owners of such housing. Since it is difficult to collect them to make such a decision, then someone else, the municipality and the developer, should deal with this issue.

In addition, the new owners of apartments receive the right of ownership far from immediately, it usually takes about six months. And the house cannot remain without an operating organization: it is necessary to clean the stairs, take out the garbage, carry out current repairs, monitor the serviceability of the elevators, etc. It is simply impossible to wait until the owners take control into their own hands.

WHEN TO PAY THE RENT?

These provisions of the LCD came into force after the adoption in June 2015 of amendments to it, approved by federal law No. 176. Previously, a developer could appoint a management company. And a few years ago, there was a requirement that he transfer the house to management only after the creation of an association of homeowners in it. This caused a lot of problems: it was time to manage the house, and very few buyers still received ownership of the apartments, who, moreover, could not be called to a meeting. It was not clear who should be responsible for maintaining the common property of the house until these issues were resolved.

However, after the amendments to the LCD came into force, it turned out that in fact, buyers of apartments in a new building in the first few years after settling in do not take a serious part in the management of the house. There are pros and cons to this.

On the one hand, even when entering an apartment with finishing, most new owners make at least minimal repairs. In addition, the move itself and the arrangement in a new place is an extremely troublesome business. It is good that at this time the new settlers do not have to take on the problems of managing the house.

On the other hand, if the work of the tenants selected by the management company is not satisfied, it will be very difficult to change it - for the reasons already mentioned: a general meeting of owners is necessary. However, new settlers have the opportunity to seek quality service from the Criminal Code, including using the State Housing Inspectorate, where you can complain about the dishonesty of managers. In extreme cases, the contract with the Criminal Code is terminated by the court.

As soon as the buyers have signed the act of acceptance and transfer, they have an obligation to pay for housing and communal services. It does not matter if they settled in a new home. Of course, if the owners have never appeared there, then you don’t need to pay for the use of electricity, water, gas in the apartment - the meters will show that there is no consumption. But these resources are used to maintain the common property of the house: washing stairs, elevators, cleaning the yard - therefore, utility bills for common house needs are charged in any case. Garbage is also taken out, regardless of how many people have already moved into the house. The elevators are functioning. So the refusal to pay under the pretext of “yes, I didn’t go into a new apartment” will not work.

OWN OR ANOTHER?

Developers solve the issue of managing a newly commissioned new building in different ways. Some have their own operational services, management companies as part of their companies. For example, in the structure of RBI there is a company "Management of Comfort", established in 2004 and engaged in the maintenance of houses built not only by RBI itself, but also by other enterprises.

Management Company "Legenda Comfort" is engaged in servicing all the houses of the company Legenda Intelligent Development. On the website of this management company, you can find detailed lists of services provided with their prices, write an application for work.

"Koltush Construction Company" not only promises its customers "maintenance of residential complexes and round-the-clock service", but also offers all newcomers to take advantage of the loyalty program. “When buying real estate, we return part of the cost of the apartment to customers in the form of bonuses on the KSK Club card. They can partially use them to pay for the next purchase of real estate in our company or transfer these bonuses to friends and family for the same purpose. You can pay with bonuses for design and repairs from KSK,” the company said.

"Glavstroy-SPb" also entrusts the management only to its company "Exploitation GS-SPb".

Other developers prefer to use the services of independent management companies. So, Setl City cooperates with partners-managers "Sodruzhestvo", "StroyLink-Service" and others.

Entrusts management to third-party companies and Construction Trust. For example, on the basis of competitions, such management companies as "Compatriot", "Our House", "Comfort Management", "StroyLink-Service" were selected to service its residential complexes.

These developers have their own truth: the management and operation of real estate is a separate type of business, and not every company wants to enter this area. After all, this means that you need to maintain a special staff of employees responsible for maintenance, repair, and maintenance of rent calculations. It is necessary to purchase equipment and inventory for this.

According to developers, in the first years after settling in, new settlers rarely put forward initiatives to change the way they manage their home or choose another management company. They are not up to it. Usually, they have a desire to take control into their own hands only when most of the apartments in the new building are already occupied. And this happens only if the tenants are very dissatisfied with the current Criminal Code. For example, it seems to them that the rent is too high, or the garbage from the container site is not taken out for weeks, no one cleans the stairs, and the broken intercoms are not repaired.

To make changes in management, it is necessary to organize a general meeting of owners of premises in an apartment building. At least half of all owners must take part in it, otherwise the decision taken is invalid. The meeting can be held both in person and in absentia - in the latter case, the owners vote by filling out the ballots received from the initiators.

The initiator of the meeting must notify the date, place and form of the meeting no later than ten days before the appointed date. The initiator can be either one owner or a group of such people, or a management company. Decisions are made by majority vote. In the event of a change in the management company, a decision is first made to terminate the contract with the current management company, and then to conclude an agreement with the new company. But to change the method of control, you must first vote for the choice of one of the three options (see help). And only after that, if the tenants prefer the HOA or the housing cooperative, choose - the association of owners itself will manage or conclude an agreement with the management company.

Most St. Petersburg houses choose the last of the described options: about 80% of the housing stock is a homeowners' association or housing cooperative, and approximately 60% of them are not engaged in the maintenance and operation of houses themselves, but through the management companies invited for this purpose.

What is the advantage of such a mechanism? In one house, as a rule, one HOA/HBC is created. And he may not be able to afford to maintain all the staff necessary for management and operation (accountant, lawyer, secretary, chairman of the HOA / housing cooperative and members of the board, plumbers, electricians, etc.), as well as equipment, inventory. Tariffs for housing and communal services are set by the authorities. The meeting of owners can, of course, vote for additional fees for management and operation. But this rarely happens.

The management company, on the other hand, maintains not one house, but several dozen, and sometimes hundreds. And the funds collected from the rent are enough to staff the staff and provide the technical capabilities to service them.

However, this is not an axiom. There are many examples of successful home management through a partnership or cooperative.

Be that as it may, the management company, HOA or housing cooperative must conclude contracts for the provision of garbage collection and public services - the supply of water, heat, electricity, etc. In this sense, the management of a new building is no different from the operation of secondary real estate. With only one remark: within seven years from the date of putting the new house into operation, the developer is obliged to eliminate all imperfections, malfunctions, and malfunctions that arose through his fault free of charge.

HELP BN

Ways to manage an apartment building

1. Direct management of the owners of the premises

Allowed only if the building has no more than 30 apartments.
The owners make at the general meeting all decisions related to management and operation: repair of the entrance door at the entrance, replacement of water pipes, conclusion of contracts for the supply of utilities, etc. At the same time, persons performing maintenance and repair of common property in the house, and also supplying utilities, conclude relevant agreements with each homeowner separately.

2. Management of a homeowners association (HOA) or housing (housing-construction) cooperative (HBC)

Contracts for maintenance, current repairs and the provision of public services are concluded by HOAs/HBCs. Accordingly, before them, and not before each specific owner, suppliers are responsible for the quality of services. It can be created as one HOA (HBC) for one house, and one partnership or cooperative for several houses.

3. Management of the managing organization

Contracts for maintenance, current repairs and the provision of public services are concluded by the Criminal Code. Before it, providers are responsible for the quality of services. Both the method of management through the management company and the method of management through the HOA / housing cooperative, which enter into an agreement with the management company for certain types of work, can be selected. At the same time, the activities of the Criminal Code are controlled by a partnership or cooperative.

By the way, we have launched a channel in Telegram, where we publish the most interesting news about real estate and real estate technologies. If you want to be one of the first to read these materials, then subscribe: t.me/ners_news .

Subscription for updates

The housing legislation establishes that apartment buildings, in order to comply with security measures, protect the rights of owners and constantly maintain the efficiency of engineering communications, are subject to management. For houses with more than 16 apartments, only 2 control methods are provided:

1. Management of homeowners associations or housing cooperatives;
2. Involvement on a contractual basis of specialized organizations - management companies.

The most common subjects of management of an apartment building are managing organizations.

Choosing a management company

The procedure for choosing a management company is regulated in detail by the norms of the Housing Law.

It should be noted that the procedure for appointing a management company for a new building has changed relatively recently. Previously, when putting a house into operation, the choice of a service organization was given entirely to the discretion of the developer, thus, a friendly or subsidiary management company was appointed by the developer. Today, the developer, before the procedure for handing over the house and transferring the apartments to the owners, is obliged to hold an open tender to select the management company. Further management issues, including the issue of creating an HOA, are left to the discretion of the tenants.

The choice of a management company for an apartment building, as a general rule, is carried out at a general meeting of owners by voting. At the same time, the meeting must be recognized as held, with the proper execution of all documents. Otherwise, the conclusion of an agreement with a management company selected by voting cannot be considered legal.

The management company can also be appointed by the local government, but only if the tenants did not exercise the right to choose the method of management during the year or all the meetings of the owners could not be recognized as valid.

Grounds for changing the management company

The duties of the housing and communal services management company include not only the maintenance of engineering communications, but also the current repair of the house to ensure the safety of residents, cleaning activities, and the maintenance of common property in proper form. Accordingly, the companies charge a fee for their services in accordance with the tariff approved at the conclusion of the contract. The tariff is set in agreement with the general meeting of owners.

If the tenants are dissatisfied with the quality of the services provided and the applied tariffs, the question arises of how to change the housing and communal services management company.

You can change the management company in an apartment building for the following reasons:

• the will of the general meeting of owners;
• the company does not have a license to conduct activities for the management of an apartment building, which is required by law to obtain before May 1, 2015;
• the company was brought to administrative responsibility for failure to comply with the instructions of the state housing supervision authority twice in a year.

One of the grounds for bringing to administrative responsibility is a well-founded complaint against the housing and communal services management company, filed by residents of managed houses. The subject of the complaint may be improper provision of services, illegal overpricing, or other violations.

The procedure for changing the management company in an apartment building

The contract for the management of an apartment building can be concluded for a period of at least 1 year and no more than 5 years. As a general rule, the tenants of the house have the right to terminate this agreement ahead of schedule. Termination of the contract with the management company is also within the competence of the general meeting of homeowners.

As a rule, at the specified meeting there is also a choice of a new service organization, to which management of the house will be transferred in the future.

The requirements for holding such a meeting are as follows:

• the meeting must be initiated by at least one of the owners of the apartment in the building;
• owners must be notified of the date and time of the meeting at least 10 days before it is held;
• the announcement should indicate the agenda: termination of the contract with the service organization and the selection of a new management company.

As mentioned above, a meeting can be recognized as valid and its decisions legitimate only if the quorum condition is met. The presence of more than 50% of the votes of all owners is recognized as a quorum. It should be noted that votes are counted not by the number of owners, but by the area of ​​residential premises they own. Thus, the owner of 20 square meters will have 20 votes, and 50, respectively - 50.

When holding a meeting, it is obligatory to keep minutes, which must be signed by the secretary and the chairman. As a rule, the chairman of the meeting is its initiator.

The meeting may be held both in person and in absentia. The absentee form implies the voting of the owners not at the time of the general meeting of the owners, but during the designated time by filling out the ballot.

Any managing organization can be involved as a new management company. The requirements for housing and communal services management companies, which can be selected during the general meeting of owners, are stipulated by the Housing Code: they must have a license (from May 1, 2015), provide access to information about its activities, tariffs, and services provided.

After the announcement of the decision of the general meeting of owners to change the management company in the apartment building, the procedure for concluding an agreement with the new company and transferring the right to manage the apartment building to it takes place. The decision of the meeting can be appealed to the court by any of the owners, if it considers the change of the managing organization illegal and carried out in violation of the requirements established by law.

The procedure for changing the management company in an apartment building is a very troublesome event. As a rule, its implementation falls on the council of the house, an initiative group of residents, or representatives of the organization claiming to manage the house. However, ordinary residents of the house usually do not have a deep knowledge of the provisions of the Housing Code, and the involvement of representatives of the Criminal Code in the meeting may result in falsification of the voting results.

For the above reasons, competent lawyers should be involved in the procedure for changing the housing and communal services organization. A real estate lawyer can help you with the following:

• advice on housing legislation;
• assistance in organizing the meeting, documenting its results, drawing up minutes;
• analysis of the management agreement for an apartment building;
• appealing the results and decisions of the general meeting of owners;
• other services.

The change of management company may take several months. The entire period until the management is transferred to the new organization, the old management company must perform its work in full. In addition, the current regulations make it possible to delay this process. Participation in the procedure of a competent lawyer will allow you to change the management company in an apartment building quickly and in the manner prescribed by law. Here you can get free legal advice online on any issues.