Corruption in the housing and communal services sector: who and how is fighting violations by management companies. Creation of affiliated (controlled) management companies and homeowners' associations for the legal appropriation of citizens' funds. Affiliation of housing and communal services management companies signs.

There are often cases when management companies open their so-called “doubles” - organizations with similar or identical names. Everyone's goals are different. But that's not what we're talking about. Previously, this fact went unnoticed.

But after the introduction of licensing, the Ministry of Construction and the Government of the Russian Federation began to monitor the behavior management organizations. As a result, a number of initiatives have emerged related to tougher penalties for management companies and the refusal to issue a license for dishonest work or conducting dubious business activities.

Doubles of management companies will not receive licenses

We previously wrote that the Ministry of Construction proposes to limit the validity period licenses for management organizations without MKD in management. For example, if the management company has no apartment buildings in management, then after this period it will lose its license.

Corresponding changes will be made to the Housing Code of the Russian Federation. In particular, Article 199 of the Housing Code of the Russian Federation will be supplemented with Part 2.2, according to which “the license is canceled by decision of the licensing commission based on the provision of the state housing supervision body of the subject Russian Federation, if within 6 months from the date of issuance of the license or from the date of exclusion from the register of licenses of all apartment buildings, the management activities of which were carried out by the licensee, in license register not a single apartment building was included, except in the case of license cancellation provided for in parts 1 and 2 of Article 199 of this Code.”

Another initiative regarding the revocation of licenses from the Criminal Code came from the All-Russian Popular Front (ONF). He suggested that the Ministry of Construction not issue licenses to duplicate management companies. The reason was numerous inspections of the Criminal Code in 27 regions of the country.

During the event it became clear that some management companies registered with the same or similar names at the same address and with one common founder. It happens that the names coincide completely. And it happens that they differ in a letter, a dash or quotation marks. The statutory activities of management clones are the same, but Bank details different.

Therefore, regulatory authorities, the Ministry of Construction and other authorized departments believe that such schemes are created specifically for fraudulent withdrawal activities. Money, received from the population for housing and communal services, to the accounts of their counterparts.

The second option is when the management company declares itself bankrupt, and its activities are taken over by a double management company in order to evade responsibility for debts to the RSO and citizens and not incur administrative penalties for ineffective MKD management. In this regard, the initiators of the idea propose to stop further similar attempts by management organizations and refuse management clones in the first place. initial stage their creation in issuing a license.

Currently, housing legislation does not prohibit management companies from creating their own doubles, which is what unscrupulous organizations take advantage of. This is also partly the fault of the licensing commissions, which turn a blind eye to the similarity or complete coincidence of the names of the management companies when obtaining a license. And it is precisely this gap in the legislation that will have to be eliminated in the near future.

This initiative should serve as a lesson and warning for management organizations against the temptation to create their own doubles for any purpose.

ONF will bring the Criminal Code to clean water

Representatives of the All-Russian Popular Front conducted their investigation and found out 3 fraud schemes of the Criminal Code. The first includes a scheme in which contracts with RSO are concluded by one management organization, and receipts are issued to the owners by the double management company. In this way, unscrupulous management companies appropriate funds received from consumers of housing and communal services.

The second scheme concerns those management organizations that in a similar way are trying to get rid of accumulated debts to the RSO. These can be debts of both the owners and the management company itself. If the management organization does not work with debtors and debts accumulate, then it has no choice but to look for ways to get rid of them. More often than usual management companies resort to the bankruptcy procedure of an organization.

To do this, the management company first “clones” its organization so that after the bankruptcy procedure it can begin its activities with a clean slate without debt. Unscrupulous management organizations believe that it will be easier and faster for them to re-register their management company than to collect debts from owners of premises in apartment buildings or improve the efficiency of your home management activities.

Sometimes owners are asked to vote at a general meeting for the reorganization of the management company. There are also cases where reorganization management company carried out without general meeting owners. In any case, after this procedure, all debts of housing and communal services consumers are transferred to the new management company, and the debts of the management organization itself to the RSO remain the same, that is, they are “written off” in bankruptcy.

The third scheme concerns expenses for current repairs And content common property in MKD, which is the direct responsibility of the management organization. The fact is that the owners do not know the exact volumes and timing of this work. Therefore, unscrupulous management companies take advantage of this. The owners regularly pay for the maintenance of common property, but the work is not performed. If the owners begin to complain, then a new clone company appears instead of the old management organization.

But to prove this, it is not enough just a complaint from the owners. Evidence should include acts of poor quality of work or services for the maintenance and routine repairs of common property in the apartment building. Otherwise, the regulatory authorities, although they initiate an inspection, may regard such actions of the management company as ineffective economic activity.

To avoid all this red tape, and also to hold management organizations accountable, the ONF, together with the Ministry of Construction, proposes to develop a bill that would prohibit the issuance of licenses to double management companies. Therefore, management organizations should be careful and not “clone” their companies with identical or similar names. Otherwise, the risk of falling under revocation of license.

A management company in the housing and communal services sector is non-profit organization, founded to perform economic and operational functions related to the sanitary and technical maintenance of apartment buildings (MCD).

It should be noted that the term “housing and communal services management company” is a common name, in housing legislation the designation “management organization” is used.

This confusion often causes misunderstanding of the essence of the Criminal Code and creates discrepancies in references to legislative acts. However, we will henceforth use the term CC as it is more familiar.

According to the definition of the Housing Code, a management organization is one of the forms of managing a residential apartment building, the same as HOA or direct management.

Essence, purpose and purpose

All activities of the management company are subordinated to one goal - to free residents of apartment buildings from worries about maintenance, repair and maintenance of the house, cleaning the territory, removing solid waste and other necessary constant actions, performing all these for a certain fee.

Without such an organization, the house simply risks being left without maintenance and will gradually be destroyed, since not all residents will be able to organize themselves and provide proper care for their housing.

Moreover, it will be almost impossible to ensure legality in this matter. Therefore (housing associations, other types of management) as responsible executors is vitally important and established by law. Residents of an apartment building enter into a management agreement with the general meeting, on the basis of which the management company carries out its activities.

Video about what a management company is, how to choose it correctly and what its main goals are:

What types of management companies are there?

According to the form of management of the management company there are:

• Housing associations.
• Private management companies.
• State Unitary Enterprises (SUE), Directorate of the Single Customer (DEZ).
• Direct management by owners.

Wherein, Management companies may have different specializations- only maintenance, only management, both functions at once, or some other options. But most often management companies are involved in fulfilling all duties, since it is much more convenient for the customer of services - in our case, for residents - when all functions are concentrated in a single center.

Don't know which management company services your home? Read about how to clarify information in. And if you want to give up your management company, read about how to do it right.

Activities

The operating principle of a management company in the housing and communal services sector is based on the management of an apartment building and includes the following stages:

• Collection of information about the control object;
• Study of the obtained data;
• Activities aimed at improving the quality of life of apartment owners.

Residents of buildings using the right to participate in the management of an apartment building must have complete information about the types of management.

General operating rules

In April 2018, the government of the Russian Federation made changes to inspections of common property, minor current and major repairs, and reporting to owners of residential premises. Let's take a closer look.

Inspection of common property should be carried out for leaks and breakdowns twice a year: in spring and autumn.

• Routine inspection carried out in accordance with technical documentation. Each element has its own deadline and frequency;
• Seasonal inspection carried out once every six months. In the spring it is carried out after turning off the heating, in the fall - before the start of the heating season. Owners of residential premises, if desired, can take part in a walk-through of common property and draw up a list of work for routine repairs.
• Extraordinary inspection The management company is obliged to conduct it within 24 hours after an emergency: hurricane, accident, etc. The results of all inspections are stored with the documents for the house; if you wish, you can get acquainted with them, and proposals for current and seasonal inspections must be communicated to all residents.
• About tariffs for services. How much to pay is decided by homeowners at a general meeting (valid for 1 year). The management company offers tariffs for services. tenants accept or reject the offer. The changes affected the procedure for notifying new proposals of the management company.

  Reference! Owners of an apartment building receive information about tariff changes 30 days in advance using a special service on State Services and notifications on bulletin boards.

• Control over the management company has become easier. The company must place information about itself (contact details, tariffs, standards, reminders, etc.) in a place accessible to residents.

What laws govern the activity?

The legislation regulating their standards includes the following acts:

In addition to these basic documents, various documents can be used in the workflow. regulations, regulations and decisions of local administrative bodies.

The Housing Code takes precedence as a fundamental document, and any discrepancies will be interpreted in its light. All orders or other actions that are contrary to the norms of law have been submitted to supervisory authorities or have been challenged in court.

Charter

The charter is the main document defining the goals, operating rules and conditions of operation of the management company, its legal status, distribution of duties. The document covers in detail all areas of work, regulates relations between employees, residents of subordinate buildings and other persons.

The charter also resolves issues financial plan, adjusting wages hired workers, monetary remuneration for engineers, etc. All provisions of the charter must strictly comply with current legislation and regulations.
Any contradiction between clauses of the charter and legal requirements is unacceptable and repeals these paragraphs and sections.

To whom do the organizations managing apartment buildings report?

Who runs housing and communal services management companies? The management company has its own manager, appointed by management. We talked about his responsibilities.

However, in any case, the general meeting of apartment building owners. Wherein, The Criminal Code has no administrative subordination. The meeting of owners can make claims, make proposals, etc.

The activities of public utilities often cause criticism and complaints, sometimes justified, sometimes not.

If serious violations occur on the part of the management company, it is better for residents to contact the management company directly to resolve the issue on the spot. According to the Housing Code of the Russian Federation, the complaint to the Criminal Code must be considered within 3 days.

If a decision is not made or is unreasonably delayed, then residents should contact the Housing Inspectorate at the city administration, which is the most reliable and effective authority that exists to resolve such issues.

There are other authorities, contacting which helps resolve issues, for example, the prosecutor's office or the city administration, but the Housing Inspectorate is the most reliable among them.

If no other method helps, all that remains is to defend your point of view in court. This is an option that is time-consuming, nerve-wracking and requires the help of a lawyer, but if successful, a solution to the issue is guaranteed. It must be borne in mind that after two lost trials, the management company is deprived of the right to manage the house.

Housing legislation allows us to successfully solve problems with the housing stock. with the help of management companies - the most competent and professional type housing maintenance and servicing. Only people who have full time to do this, and not a couple of hours after work, can achieve success in this direction.

A large number of organizational, technical and legal issues require the work of a whole team of specialists, and the management company is the most right choice for this.

The issuance of licenses for the creation of companies managing apartment buildings should be carried out according to the principle of “one license - in one hand.” The introduction of such measures will solve the problem of affiliation of management organizations. In this regard, the proposal of the Russian Ministry of Construction to prohibit unscrupulous founders from creating new management structures must be expanded by introducing a restriction for absolutely all founders. This was stated by the head of the ONF Center “People's Expertise” Viktor Rozhkov.

Activists of the Popular Front analyzed in detail the activities of the founders of the Criminal Code. According to the ONF study, 13% of the multi-apartment housing stock in Russia today is on the balance sheet of mutually affiliated management companies through common owners. This situation leads to unscrupulous management and theft of citizens’ funds, since in some cities the housing and communal services market is actually monopolized by a narrow circle of people, and there is no healthy competition.

Thus, 78% of the housing stock of the city of Nizhnekamsk in the Republic of Tatarstan is managed by 13 management companies, the co-founder of which is the same person, who has repeatedly been brought to administrative and criminal liability for cases related to inflating the cost of services and tax evasion.

According to Viktor Rozhkov, only by blocking as much as possible all channels for the implementation of fraudulent schemes can one restore order in the housing and communal services sector. In the meantime, unscrupulous founders are using the opportunity to create several companies to cover up their illegal actions of taking money from the population. For example, the founder creates two or more management companies with the same names. And when one of them accumulates debts and declares itself bankrupt, the other picks it up at home, and the residents in this situation remain in the dark.

For example, in the Perm Territory Regionenergoservis LLC is the founder of 23 management organizations, of which six pairs of companies have the same or similar names, but different registration data: Management Company Zhilservice - Management Company Zhilservice; "Management Company " Comprehensive service houses" - Management company "Quality service of houses"; Management company "Profi-dom" - "Profi-dom Partner", etc.

ONF experts have revealed that almost simultaneously houses are transferred from the management of one management company to another. Thus, 86 apartment buildings were transferred from the Garant Management Company to another with the same name in just a few months. At the same time, the companies included in the Regionenergoservis holding committed many violations, which were identified by the State Housing Inspectorate of the Perm Territory in August 2017. In relation to Zhilservis, 25 protocols of administrative offenses were drawn up for a total amount of imposed penalties of 6 million rubles. Also, the resource supply organization T Plus terminated contracts with four holding companies due to serious debts for heat - 524 million rubles.

The ONF regularly received complaints from citizens about the results of the activities of UK clones. Popular Front activists have repeatedly drawn the attention of the public and authorities to the problem of duplicate management companies. On January 11, 2018, amendments made to the Housing Code of the Russian Federation came into force, which prohibit such companies from obtaining a license.

“It’s good that this ban was introduced. But even with the “clones” expelled from the market, the problem of unscrupulous management of apartment buildings has not yet been resolved. Now the law obliges management organizations with similar names to change the name of the management company within six months. We analyzed this issue and found that virtually all “clone” management companies were affiliated through common founders. So it turns out that the new management company changes the name completely, but the founder of both the old and the new company remains the same person. And what positive results can be expected from a manager who ruined his previous management company? Unscrupulous founders will not be stopped by amendments to the Housing Code regarding double management companies; they will come up with other schemes for taking funds from citizens,” says Viktor Rozhkov.

Thus, the case of an organized criminal group in the housing and communal services sector, which included 80 management companies from Rostov-on-Don, Novocherkassk and Azov, received wide publicity. The leader of the criminal group was the founder of 22 management organizations serving 614 apartment buildings. Members of his group signed orders to transfer part of the funds received from consumers not to the settlement accounts of resource companies, but to those controlled by the head of the company. total amount damage amounted to 92 million rubles.

“We support the initiative of the Russian Ministry of Construction to prohibit unscrupulous founders of management companies from creating new similar structures, but we believe that more stringent measures need to be introduced. The juggling needs to stop legal entities in the form of management companies, and for this to legally restrict the founders from creating more than one management company. That is, the founder should be assigned not 10 organizations serving 5 houses, but one, serving 50 houses. And if fraudulent schemes are detected, the license will be taken away forever! The introduction of such liability will protect citizens from theft of their funds and poor quality of housing and communal services. For an honest businessman, it is enough for his management company to be represented in the region by one legal entity. By improving legislation, we will be able to achieve transparency in the housing and communal services system, as the President of Russia, leader of the All-Russian Popular Front Vladimir Putin has repeatedly said,” emphasized Viktor Rozhkov.

ONF experts will send the monitoring results and their proposals to the Ministry of Construction and Housing and Communal Services of the Russian Federation.

1. Who and why creates affiliated organizations in the housing and communal services sector of the city of Novokuznetsk.

2. Mechanism for creating affiliated organizations (“subsidiaries”).

3. Schemes for withdrawing funds from residents who pay for housing and communal services.

4. Bringing to legal responsibility for such activities the creators of affiliated management companies and homeowners' associations.

5. Ways to prevent residents of apartment buildings from becoming dependent on such structures.

A problem in the housing and communal services sector of Novokuznetsk has been identified personal experience work as a senior at home.

The mechanism for implementing the idea is as follows

1. Through the circle of senior houses/chairmen of the Councils of houses included in the club “Upravdom”, controlled by the CRPO “TSSERN”, as well as through their associates not included in this social structure, structures are identified that have “entered” the housing stock in an unlawful manner or have inflated tariff requirements without providing proper services.

2. Through these residents, we receive upon request documentation about affiliated structures, make requests to the tax office to obtain an extract from the Unified State Register of Legal Entities, thereby identifying the persons listed as the founders of these management companies and homeowners associations.

3. We find acquaintances/relatives of acquaintances and simply dissatisfied-interested workers of affiliated management companies and homeowners associations, obtain information, provide certain services to them, and perhaps pay for some very interesting documents.

4. We receive information from the management of management companies and homeowners associations, who are ready to work openly and openly in the field of housing and communal services about illegal actions of affiliated structures.

5. We send materials-requests-applications to law enforcement and administrative authorities in order to attract their attention to the identified problems. Based on their reaction, we find out the degree of their interest in disclosing information and influencing disclosure.

6. We involve the media in the work, prepare publications, draw public attention to identified frauds in the housing and communal services sector, announce the “interest” of certain persons in creating affiliated structures, announce the responses of administrative and law enforcement, we describe schemes for withdrawing funds to affiliated housing and communal services structures.

7. We post the materials on the websites: CROO TsSERN and Tak-tak-tak.

8. We tell residents in the media and on websites how they can avoid falling into such structures, show clear examples and make a video message to residents in order to prevent actions by affiliated structures to misappropriate funds from residents who pay them as payment for services allegedly provided by an affiliated structure .

9. We are working with law enforcement and administrative authorities to bring to justice the organizers of fraud in the housing and communal services sector. They will cooperate because they do not want the information to reach Moscow authorities / there is experience in delivering materials, there is a result - Head of the city of Novokuznetsk S.D. Martin has been removed from his position.

10. We collect a database of affiliated structures and announce the lists in the media and on Internet sites. During the implementation of the project, there may be changes in the approach and frequency of disclosure of materials received from various sources, as well as changes in the impact on preventing the creation of affiliated structures.

Six months ago I talked about how it works
I’ll duplicate the diagram from there (already outdated):

It would seem that this is just fascinating information, which, however, directly affects the amount of monthly housing and communal services bills received by residents.
Now, the move has come to demonstrate to the court the affiliation of the companies Management Company Soyuz-Moskovsky, LLC Soyuz-Moskovsky and LLC Cozy House.
Rate the text:

=========================

The plaintiff believes that the following circumstances may make it impossible to enforce the court decision if the claim is satisfied:

1. During the first half of 2017, the Defendant stopped servicing a significant number (more than 75%) of apartment buildings.

Of the 70 apartment buildings under management, 54 apartment buildings x General Meetings of Owners were held, as a result of which 22 apartment buildings were transferred to the management of Soyuz-Moskovsky LLC, and 32 were transferred to the management of Cozy House LLC (Appendix 3, 9, 11).

There are 16 apartment buildings left under the Defendant's management (Appendix 4).

2. Soyuz-Moskovsky LLC and Uyutny Dom LLC are legal entities affiliated with the Defendant.

Affiliation is confirmed by the following facts:

1. have a common founder - LLC Group of Companies Soyuz, TIN 5024165434 (Appendices 2, 7, 10);

2. Defendant, Soyuz-Moskovsky LLC and Cozy House LLC have general organs management -general director The defendant and Soyuz-Moskovsky LLC until July 2017 was Vladimir Iosifovich Aniskov (Appendices 1, 7);

since July 2017, the general director of the Defendant and Soyuz-Moskovsky LLC is Maxim Viktorovich Panyaev (Appendices 2, 8);

General Director of Cozy House LLC Mitskevich Andrey Nikolaevich from June 2014 to June 2017 worked for the Defendant as manager of microdistrict 1, Moskovsky settlement (Appendices 5, 6).

Deper I think how can I add as evidence:
-- video of the general meeting of owners, at which the agenda items were NOT discussed;
-- the fact that the secretary of the meeting was absent from the face-to-face part of the OSS;
-- video of supposedly CC employees visiting the residents of the house and collecting voting sheets;
-- a lawyer's request to the management company, which remained unanswered.

Agree, there is a difference between discussing violations of the OSS on the forum and violations of the OSS reflected in the court decision!

home » Investments » Corruption in the housing and communal services sector: who and how is fighting violations by management companies. Creation of affiliated (controlled) management companies and homeowners' associations for the legal appropriation of citizens' funds. Affiliation of housing and communal services management companies signs.