In the context of the rapid reform of public utilities, an urgent need has arisen for the proper management of apartment buildings. If previously these issues were the responsibility of the state and local authorities, now the burden of concern is placed directly on citizens - owners of residential premises. In most cases, owners are not ready to manage their houses themselves, which results in many problems that require resolution. Let's try to understand this issue.
Managing an apartment building means ensuring living conditions for citizens, providing utilities, maintaining common property, and determining the procedure for using such property.
The Housing Code of the Russian Federation defines the following types of management:
management organization;
owners of residential premises;
housing or specialized cooperatives;
homeowners association.
The type of management is chosen at general meetings of owners and is subject to change at any time. If during the calendar year the owners have not decided on the type of management, local authorities, based on a competition, determine the management company.
Management of an apartment building by management organizations
A management organization is a legal entity that carries out management, operation, sanitary and maintenance of a house.
This type of management is carried out under an agreement concluded with the property owners. The management agreement provides equal conditions for residents and has a certain validity period.
The contract must indicate:
address of the house and list of property that will be managed;
list of works and their frequency for home repairs and its maintenance, provided utilities;
the procedure for calculating the amount of costs for maintenance, repairs, the cost of services, the payment procedure;
a way for owners to control the fulfillment of obligations.
The management company is obliged to begin execution of the contract within thirty days. Homeowners have the right to refuse to fulfill the contract on the basis of improper execution of the contract by the management organization. It also provides for early termination of the contract based on a change in the type of management.
Management of an apartment building by owners
Management of an apartment building by the owners themselves is permitted if the number of apartments in the managed building does not exceed twelve. Issues related to this type of management, including the election of the house council and the number of its members, are resolved by voting at a meeting of owners. For example, the general meeting raises the issue of the amount of monthly contributions for . The meeting votes on the expected amount of payment and makes a decision that receives more than 50% of the votes.
The house council is obliged:
ensure implementation of meeting decisions;
submit to the meeting proposals for carrying out repair work and providing utilities;
submit proposals for management;
present your opinion on project contracts;
control the execution of work and the quality of services provided.
Management of an apartment building by housing cooperatives
A housing cooperative is a voluntary association of citizens designed to meet the need for housing and manage houses. Members of such a cooperative, using their own funds, participate in the acquisition of property, major repairs, and maintenance of houses. The association must have at least five members, but no more than the number of apartments in the building being built or purchased.
A participant in a cooperative can be a legal entity or a citizen who has reached the age of sixteen. Persons wishing to join a cooperative are considered a member after paying the entrance fee.
Each participant in such a cooperative is obliged to make share payments. The terms and conditions for contributing a share are regulated by the charter of the cooperative.
The cooperative participant is provided with housing in the cooperative building by decision of the fees in accordance with the amount of the contribution paid upon entry. Ownership of residential premises begins from the moment of full payment of the contribution.
The division of property of a residential cooperative occurs among shareholders and is allowed if there are isolated premises. If involves the isolation of real estate, such property is also subject to division.
Management of an apartment building HOA
A homeowners' association (HOA) is an association of owners for the purpose of general management, ownership, use, disposal, within the limits of federal legislation, of common property, the property of home owners, for the creation, increase and preservation of such property.
The number of members of such a partnership must be more than 50% of the total number of owners. The decision to establish a partnership is made by a general meeting based on voting results.
Such partnerships can be formed:
owners of real estate in houses in which the number of apartments is no more than thirty, if the houses are located on plots with a common border, common engineering, technical support and infrastructure.
owners of several nearby houses, country houses with garden plots, if such houses are located on plots with a common border, common engineering and technical support, and infrastructure serving these houses.
To perform the assigned functions, the partnership is obliged to:
manage an apartment building
ensure the sanitary and technical condition of the property
ensure that participants fulfill responsibilities for maintaining and repairing property in the house
The governing body of such partnerships is the board of the partnership. The highest governing body of the partnership is the meeting of owners.
The HOA has the right to engage in economic activities, namely:
maintenance and repair of real estate;
construction;
rental of property in the house.
Funds from business activities are used to pay general expenses.
Regardless of the type of management chosen, the person managing the house is responsible for the obligations assigned to him to the owners.
The protection of the housing rights of owners violated as a result of managing the house is entrusted to the person performing the management and to the judicial system of the Russian Federation.
The livability and well-being of a multi-storey building depends on the chosen option for managing this building. The law offers three management options:
- choosing a HOA or housing cooperative;
- management of the residents themselves;
- management of a specific company or firm.
Residents of an apartment building independently choose one of the forms in an open general vote. Based on the results, a decision is announced. If after some time the residents want to change the decision and choose a different method of management, then it is necessary to hold a meeting in the same way and resolve the issue by voting. Today we will tell you about the pros and cons of direct management of an apartment building by the owners.
When it officially became possible to manage an apartment building directly by the owners, residents began to change the form of management. Indeed, at first glance, self-government has many advantages and seems to be the most effective method. But in fact, it turned out that direct management of an apartment building has pitfalls that many people whose houses switched to this type of management had to face.
Benefits of direct home control
When a multi-storey building is managed by a certain company, it is responsible for paying for all services. Her responsibilities include delivering notifications, notifying about new tariffs and all documentation. But when choosing direct control, the situation changes.
Disadvantages of self-management of an apartment building
There are many subtleties and pitfalls in the direct management of an apartment building. We have outlined only the most basic points in this material. It is understandable that the owners want to gain independence and the opportunity to have a “transparent” receipt for services. The disorderliness of housing departments and housing and communal services is known to most. People have to waste time proving additions and typos. However, everything needs to be carefully thought through and analyzed before implementing a solution and switching to a form of self-government. Otherwise, the transition will bring more new difficulties than it will solve old ones.
If you still have any uncertainties about this form of management or you are only interested in the changes in 2015 and 2016, then you can ask your question to our lawyer online, who will be happy to explain to you all the intricacies, features and risks of direct management.
Often in practice, management companies are faced with the situation that a new apartment building has just been put into operation, and someone must manage it. The question arises, how is it carried out? management of apartment buildings from the developer until the owners have chosen a way to manage this house?
Determination of the subject of management of MKD
After the commissioning of an apartment building, one of the priority legal issues is the determination subject of management of an apartment building. In other words, it is necessary to determine who will manage the apartment building that has been put into operation. The difficulty in the situation is that at the time the apartment building is put into operation and some time later, not all residential and non-residential premises are owned. Therefore, it is not possible, de jure and de facto, to hold a general meeting of owners to choose a method of managing apartment buildings.
In a situation where property in an apartment building is not registered for all premises, you should refer to the norms of housing legislation. To describe the situation briefly, the scheme of action is as follows. First the developer receives permission to put the house into operation. Then, within 5 days from this moment, he, at his own discretion, selects a management company, with which he enters into a management agreement for 3 months.
At the same time, within 20 days from the moment the apartment building is put into operation, the local government body notifies about the listing of the house open competition to select a management company. Within 40 days from notification of the event, the local government body must hold this competition and inform all shareholders about its results within 10 days from the date of its completion. Next, the management company, already elected based on the results of an open competition, begins to manage this house and enters into management agreements with residents after they register ownership of the premises in this house.
Thus, housing legislation has legalized the possibility of not holding a general meeting of owners to choose a method of managing an apartment building, and for the developer to enter into an agreement for managing an apartment building with the management company he has chosen. Now let's look at this scheme in detail and in order.
Management of MKD after commissioning
Before the introduction of licensing of the management company, the developer could immediately after putting the apartment building into operation management agreement with the management company or manage the house independently until the conclusion of relevant agreements with a management company selected following an open competition. An open competition, we remind you, is held by a local government body.
At the same time, licensing did not make any significant adjustments in this area and did not deprive the developer of the right to choose a management company. Before concluding a management agreement for apartment buildings between the developer (clause 6, part 2, article 153 of the Housing Code of the Russian Federation) and the management company selected based on the results of an open competition, the management of the house is carried out by a management company, with which the developer must enter into a management agreement no later than 5 days from the date of receipt of permission to enter into operation of the house (Part 14 of Article 161 of the Housing Code of the Russian Federation).
After the apartment building is put into operation, local authorities must hold an open competition to select a management company to manage the apartment building, if within a year before the date of the competition the owners have not chosen a method of managing it or the decision made by the residents has not been implemented (Part 4 of Article 161 of the Housing Code of the Russian Federation) .
So after commissioning of MKD and before holding an open competition to select a management company, the developer has the right to enter into an agreement with any management company at its discretion. The management company chosen by the developer will manage the house until the apartment building is put up for open competition or the owners choose another management company or another method of management at a general meeting.
In this case, the management company will act as a contractor for the developer. This management company must conclude agreements with the RSO on the basis of the act of putting the apartment building into operation (RF RF No. 124 dated February 14, 2012). After putting the apartment building into operation, the developer must pay the management company for residential premises and utilities (Article 153 of the Housing Code of the Russian Federation).
If the developer himself manages the apartment building without concluding a management agreement with the management company, then payment for housing and utilities is contributed by the shareholders who accepted the premises from the developer under the transfer deed from the moment of its transfer (Clause 6, Part 2, Article 153 of the RF Housing Code, Clause 7.3, Part 2, Article 155 of the RF Housing Code).
Should a developer take into account the opinions of shareholders when choosing a management company?
In fact, no, since the developer is not obliged to take into account the opinions of shareholders in choosing a management company. Person's data up to registration of property rights for housing do not have the right to express their opinion on issues of management of apartment buildings. The decision to choose a method of managing a house is made exclusively by the owners of premises in an apartment building (Part 2 of Article 161 of the Housing Code of the Russian Federation).
The grounds for the developer to have the right to conclude a management agreement for an apartment building with the management company are the charter, permission to put the house into operation and the decision of the developer’s management body authorized to make relevant decisions (Order of the Ministry of Construction of the Russian Federation No. 411/pr dated July 31, 2014). Therefore, the decision to conclude a management agreement for an apartment building and select a specific management company can be made by the developer alone and at his own discretion.
Open competition
Utility payments in a new building before the commissioning of the apartment building
Before the apartment building is put into operation, the developer enters into contracts with RSO for construction needs. These may be temporary contracts for electricity supply, heat supply for commissioning and finishing work in cold weather. After the MKD is put into operation, it is necessary to re-conclude resource supply agreements according to permanent patterns.
Before the apartment building is put into operation, the responsibility for maintaining the premises falls on the developer under agreements with the RSO (Article 210 of the Civil Code of the Russian Federation).
After the apartment building is put into operation, the obligation to pay for residential premises and utilities arises from the shareholders who accepted premises in the house from the developer under the transfer deed from the moment of such transfer (Clause 6, Part 2, Article 153 of the Housing Code of the Russian Federation).
The shareholder who received the premises from the developer under the transfer and acceptance certificate is considered consumer of utilities(RF RF No. 354 dated 05/06/2011). Consequently, the amount of payment for CG consumers in residential premises is calculated according to tariffs for the population. The volume of CG provided is determined by readings from metering devices or by consumption standards (in the absence of meters).
Shareholders recognized as consumers of utility services and paying for them have the right to demand the provision of utility services of appropriate quality or recalculation of the amount of payment for low-quality services (Section IX of the Rules for the provision of utility services).
After concluding an agreement with the management company chosen by the developer within 5 days after receiving permission to put the apartment building into operation, as well as after concluding a management agreement with the management company selected through an open competition, the developer’s obligations under resource supply agreements are terminated (Article 416 of the Civil Code of the Russian Federation).
This happens because, along with the transfer of the MKD to the management of the management company, the energy-receiving equipment included in composition of common property of premises owners in the house. The management company becomes the provider of utility services.
If the developer does not prove that he entered into an agreement with the management company or the management company was chosen through an open competition or at a general meeting of premises owners, then he will not be able to prove the transfer of energy receiving devices to the company. In this case, he will be considered a subscriber under an agreement with the RSO and is obliged to pay for utility resources until the MKD is transferred to the management of the management company or the resource supply contracts are terminated.
We hope that everything was clear to you. If you have any questions, you can always contact us for advice. We also help management companies comply 731 RF PP on the Information Disclosure Standard(filling out the portal Housing and communal services reform, website of the Criminal Code, information stands) and Federal Law No. 209 (). We are always happy to help you!
Managing an apartment building is a very complex process that requires knowledge in various areas of legislation. This is especially true for legislative acts adopted in the field of housing and communal services. The number of accepted documents increases every year and it is very difficult to understand it all. Living in apartment buildings is very different from living in a private house. First of all, this is due to numerous problems and solutions that need to be solved jointly by the majority of owners. In order to maintain the house as efficiently as possible, it is first necessary to resolve the issue of managing an apartment building that will suit all owners. To do this, you need to choose a method for managing an apartment building.
Management of an apartment building by a management organization
Management of an apartment building by a management organization is the most common form of management of residential buildings. This method is convenient for several reasons. Firstly, the management organization can unite any number of houses located in any territorial location. Secondly, the management form of a management company is primarily a commercial organization that is created to make a profit. Therefore, only the director of the organization and in no case the owners can decide what salary the company’s employees will receive. Thirdly, the management organization can enter into management agreements both with the whole house and with the HOA or housing cooperative as a whole, if the owners vote for it. It is also possible to provide services not for managing the house, but only for its maintenance. This method is very convenient for residents who have chosen a direct form of management or where payments are made directly.
Concluding a management agreement for an apartment building
In order for a management organization to enter into a management agreement for an apartment building and begin managing it, the owners are required to elect it by a majority vote. At the meeting of owners, tariffs for the maintenance and repair of housing, according to which the organization will work, should also be established, and issues regarding the use of the common property of the house should be resolved. For example, basements for employees of the organization and other organizational issues. After the meeting, the beginning of the management of the house will be the date of concluding a management agreement, which must be concluded with the majority of the owners of the entire house. The management agreement will be the main document in accordance with which work on managing the house will be carried out. My advice is to read this document as carefully as possible. Of course, the management organization is obliged to comply with all norms of housing legislation and there should be no deviations. But as often happens in modern legislation, some concepts can be blurred and therefore they can be clarified in the management agreement as it is beneficial for the management organization.
With all these advantages, management, unlike other forms of management of apartment buildings, is more subject to inspections and supervision in general. An owner who understands where to file a complaint in the event of failure of the management authority to fulfill its duties on a specific issue will always be able to get certain work carried out. The management organization is obliged to carry out all work in accordance with the rules for maintaining the common property of an apartment building, ensure the provision of utilities, adhere to the rules for carrying out activities for managing apartment buildings and comply with other rules and regulations in its work.
Sample management agreement for an apartment building
When a multi-apartment residential building is managed by a management organization, it is responsible to the owners of the premises for the provision of all services and performance of work. She is obliged to ensure proper maintenance of common property in a given house and their quality, which must meet the requirements of technical regulations and rules established by the Government of the Russian Federation for the maintenance of common property in an apartment building, as well as for the provision of utilities depending on the level of improvement of a given house.
In this case, pay attention to the apartment building management agreement. Sign only after making sure that it takes into account all the services necessary for a comfortable stay in your home. You can view and download an example of a management agreement.
The procedure for managing an apartment building
The procedure for managing an apartment building is regulated by the rules for carrying out activities for managing apartment buildings. They have been approved. These rules define standards for the management of multi-apartment residential buildings, which describe the responsibilities of management companies, their powers and standards of interaction with owners. The management procedure stipulates standards for storing technical documentation of the house and transferring it to another management company in the event of re-election, responsibilities for concluding contracts for the provision of utility services, responsibilities for disclosing information about the company’s activities, preparing proposals for establishing tariffs for the maintenance and repair of housing in accordance with the minimum a list of work in a residential building, as well as the work of the emergency dispatch service.
License for management of apartment buildings
One of the main innovations in the field of management of multi-apartment residential buildings was the adoption of a law on licensing management organizations. In accordance with the amendments to the Housing Code of the Russian Federation, only management organizations are required to obtain a license to manage apartment buildings. This was done so that supervisory authorities had the opportunity to eliminate negligent companies from the market for providing housing and communal services without the right to restore their activities, as well as to exclude events when one apartment building is managed by several organizations.
The process of obtaining a license to manage an apartment building does not pose any particular burden for a new company. It is enough to contact the State Housing Inspectorate with a corresponding application, pass an exam to the head of the management organization, and pay the state fee. duty and, in general, the process is over. If the management organization fails to cope with its responsibilities and the supervisory authorities constantly receive requests from citizens from a certain house, then the State Housing Institution can either exclude a specific house from the register of houses that are managed by the MA or revoke the license to manage all houses. These innovations were supposed to help make the market for management organizations more understandable and transparent.
