How to refuse the services of a management company and create a homeowners association. Is it possible to refuse the management company? Appeal to higher authorities

If a management agreement with a management company was concluded based on the results of an open competition, then the owners can unilaterally refuse to fulfill this agreement after each subsequent year from the date of its conclusion. However, the decision on unilateral refusal of the management agreement, as well as the decision on choosing the method of managing the house, in this case, must be made by the owners before the expiration of the management agreement (Part 8.1. Article 162 of the Housing Code of the Russian Federation).

Refusal from the management company chosen by the owners

That is, for example, the owners decided to unilaterally refuse the contract with the management company, because they decided to create an HOA, to which management of the house would be transferred, or a decision was made on direct management. In this case, to refuse the services of the management company, there is no need to look for shortcomings in the services it provides; it is enough to decide to refuse the contract and choose a different method of managing the house.

How to make the management company work and fulfill its responsibilities?

When the residents of a house are not satisfied with something, they begin to think about who should ensure their comfortable living. Unfortunately, until this moment, many do not think about who manages their home and with whom contracts for its maintenance have been concluded.

First of all, the owner needs to study, which should be in the hands of every owner of residential premises in an apartment building. If you do not have such an agreement, this is wrong.

Come to your management company in person and demand that they give you a document. Don’t wait for managers to bring you contracts; they are least of all interested in you having this document.

After receiving the document, please read it carefully. It must specify.

The management company is obliged to provide utility services to residents of proper quality and in full, carry out repairs and maintain common property, troubleshoot engineering and technical equipment if they occur.

The minimum list of services provided is regulated by law and agreed with the owners. The approval procedure must be carried out annually.

In addition, the list of services must be listed in the contract. Failure of the management company to comply with the terms of the contract is the basis for filing claims.

The fight against the management company’s failure to properly fulfill its duties consists of 2 main stages, which we will consider below.

Filing a complaint with the Criminal Code

First you need to send a complaint to the management company. A document addressed to the head of the management company is drawn up on behalf of a group of owners or on behalf of one person in 3 copies. The statement describes in detail the nature of the complaint and the demand.

The document is submitted directly to the management company or sent by registered mail with notice. On your copy, request the date of registration of the document and the signature of the person who accepted it.

Reference! The response to your application must follow no later than 30 days after its acceptance.

If after this period the problem is not resolved, or the management company does not respond to your complaints, take the next step.

Appeal to higher authorities

After communicating about the claim directly with the management company, you can complain about her inaction to the Housing Inspectorate or the prosecutor's office. In this appeal, you must describe the situation with the management company and demand an assessment of the legality of its actions.

From the video you will learn what to do if the activities of the management company do not suit you and how you can make the management company work normally:

How to deal with criminal codes and where to find justice for them?

As practice shows, there are many similar problem situations that arise when homeowners and management companies communicate. Let's describe the most common of them.

Inflated tariffs for utilities

Violations in this case may be associated with overestimation or failure to comply with certain mandatory conditions. That is, residents are charged unreasonably high fees, and often they pay for services that are not performed by managers at all.

Many residents are faced with the problem of non-working elevators, garbage chutes, unlit or dirty entrances, broken glass or non-functioning radiators in stairwells. Wherein, For services that are not actually provided, the management company continues to charge considerable amounts.

There are also frequent cases when the management company makes adjustments to tariffs for payment of heat, electricity, water supply and sewerage. Inflates the figures for the services consumed. The difference naturally ends up in the company’s accounts.

Note! All the described cases are administrative violations, and you can report these facts to the relevant authorities.

In advance, independently or with the help of specialists, study the pricing standards, check the accuracy of payment calculations, inspect the metering devices in the house, assess their condition and correct installation, take measurements of water pressure and hot water supply temperature. If service rates do not comply with the law, act.

You should start by filing a collective or individual complaint directly to the management of the management company. After submitting the application, get the signature of the person who accepted it on your copy and wait for a response within the next two weeks.

It is possible that utility companies may ignore your request altogether. In this case, and also if you receive an answer, but are not satisfied with the result, contact the Housing Inspectorate, Rospotrebnadzor or the Prosecutor's Office. In the application, describe the problem and the process of your appeal to the Criminal Code.

Inaction of the management company

Major repairs of the building, troubleshooting the technical equipment of the house - all this is the responsibility of the management company servicing the house. However, management often refers to the lack of funds to eliminate these problems.

If such situations arise, start by asking for a list of work done recently and the amounts that were spent. Assess the ratio of actual work done to fictitious work.

If you identify unreasonably spent amounts, demand that the management company eliminate the violations and carry out the work that was reported on paper.

Often, residents of a home see that the home’s equipment is in disrepair. In these cases, you should also contact the management company with a request to eliminate the problems. Please attach photographs of equipment or parts of the building that are in disrepair or require repairs to your application.

The application should require a technical examination of the condition and prompt elimination of problems. If the company continues to ignore your demands, contact higher authorities.

Reference! Practice shows that the most effective way in this case, a complaint is made to several authorities at once.

Please attach to your appeals the complaint you filed with the Criminal Code and documents confirming the facts of unreasonable waste of funds.

The most extreme case is filing a lawsuit. For this request, it is better to use the services of professional lawyers. Sometimes the prosecutor's office goes to court if violations are discovered. Just keep in mind that the prosecutor can initiate an appeal to the judicial authorities only on collective complaints. Individual claims are filed by citizens in person.

Emergency situation

Eliminating breakdowns of technical equipment inside a separate apartment is the responsibility of the homeowner himself. If it occurs, he can turn to the Criminal Code for help, and it will take care of the elimination. But for an appropriate fee.

But in the event of problems with common house equipment, the owner informs the relevant services, whose responsibilities include the timely elimination of accidents. The management company must react and go to the site no later than 30 minutes after receiving the information.

But the consequences of a breakdown of common house equipment in a separate apartment must be eliminated by managers absolutely free of charge and in as soon as possible. It is in these cases that most often residents are faced with refusal or delay in elimination actions on the part of managers.

Most often, apartments are flooded due to the fault of utility workers who did not correct equipment malfunctions in a timely manner. If your apartment is flooded due to a burst of common pipes or a roof leak, call specialists and document the damage caused to your property.

Draw up and submit it to the Criminal Code along with the application containing a claim for damages.

If the management company refuses to compensate for losses or does not do so within 30 days, file a claim in court. In the claim, indicate the amount of damage, attach an expert opinion and the application that you submitted to the Criminal Code.

Important! When filing a claim in court, use the services of a lawyer. If a decision is made in your favor, the management company will be obliged to reimburse your costs for its services.

Concluding lease agreements without the knowledge of tenants

Management companies, without the knowledge of residents, can enter into agreements with outsiders for the rental of common property.

From the point of view of the law, these actions are a violation, since only the HOA, that is, directly the owners of residential premises, can conclude such agreements and receive profit from transactions.

If you notice that in common areas (basements, attics, technical rooms) foreign people or organizations have appeared, and foreign objects have been installed on the façade or roof ( billboards, antennas) means that your management company has decided to make money on your property without your participation.

In this case, immediately contact Rospotrebnadzor or the prosecutor's office. Describe the situation and demand an investigation into this fact, since only the owners can make decisions and enter into lease agreements for common property.

The actions of the Criminal Code in this case are a direct violation of Article 290 of the Civil Code. The management company can enter into agreements with the consent of the residents and together with them and spend the funds received for the needs of the apartment building.

Article 290 of the Civil Code of the Russian Federation. Common property of apartment owners in an apartment building

The owners of apartments in an apartment building own, by right of common shared ownership, the common premises of the house, the supporting structures of the house, mechanical, electrical, sanitary and other equipment outside or inside the apartment that serves more than one apartment.
The owner of the apartment does not have the right to alienate his share in the ownership of common property residential building, as well as perform other actions entailing the transfer of this share separately from the ownership of the apartment.

Fraud in the work of the management company

Along with the problems of providing utilities and paying for them, some companies earn incredible sums using fraudulent schemes.

Fraud by the management company can be carried out in the following ways:

Thus, the management company is an organization that should work to ensure the comfort of homeowners. If her actions somehow do not correspond to this purpose, you have the right to demand protection of your interests.

Housing Code Russian Federation grants residential property owners the right to independent choice management organization. Apartment owners have the opportunity to refuse the services of an unscrupulous management company in favor of another organization. On the other hand, the management company may also refuse to manage an apartment building due to disagreements with residents. The procedure for leaving the jurisdiction of the Criminal Code is regulated by Article 162 of the Russian Housing Code; no penalties are imposed for moving from one company to another.

Reasons for terminating the contract

You can refuse the services of a management company based on one of the following reasons:

dissatisfaction with the way the company manages the apartment building;
charging excessively high fees for the provision of utility services;
the decision of the management company not to carry out major repairs of housing, despite raising funds for its implementation;
the presence of problems with heating, water supply, and the condition of the roof, which the management company keeps silent or refuses to solve;
employees of the company, which is obliged to conscientiously manage the entrusted housing, demand payment for their services in excess of the established standards;
slow and poor quality work to maintain real estate in a residential condition.

Procedure for terminating contractual obligations

The termination of an existing contract with a company that is supposed to manage a multi-storey building on the basis of a concluded agreement occurs in accordance with the provisions of Article 162 of the Housing Code of the Russian Federation.

The easiest way to prohibit a management company from managing real estate is to wait for the expiration date of the current contract and, after its expiration, transfer the right to manage housing to another representative of the service industry. In this case, there will definitely be no disputes with the management company and there will be no need to prove its insolvency in the housing and communal services sector.

It is also possible for residents not to use the services of management companies at all and manage their property independently by creating a homeowners’ association. For organization own management You will need to organize an initiative group, raise the issue of creating a HOA at a general meeting of residents of an apartment building, and after receiving approval by a majority vote, you should contact the bank to open a personal account.

How to act

To cancel the management company, you must follow the step-by-step instructions:

inform in writing all owners of privatized apartments about the planned general meeting of residents of the building; the agenda must indicate the place, time, and reason for convening the meeting;
in the case of non-privatized apartments, an employee of the municipal government must participate in the decision to change the company obliged to manage the house;
bring up at the general meeting the issue of transferring management of the house to another organization capable of successfully managing the property entrusted to it.

There is a significant likelihood that local authorities will organize an inspection of the operation of the current management company with the further drawing up of reports on the results of the inspection.

Before choosing any organization, you should carefully weigh all the pros and cons, monitor service providers, familiarize yourself with the positive and negative reviews about their competence and integrity. Special attention should be paid to negative characteristics, since based on this information one can form an opinion about weaknesses companies from which the organization for property management is selected.

It is most convenient to choose from a list of two or three applicants and announce the list at a house-wide meeting of apartment owners for a detailed discussion. The winner is determined by voting, after the owners familiarize themselves with the advantages and disadvantages of each organization.

If homeowners want to independently manage their property, without the participation of a management company, then at a general meeting a decision can be made to organize an HOA, provided that the majority of interested parties vote for such a management method.

The responsibility of the initiative group is to explain the reasons why the management of the house needs to be changed.

Arguments in favor of the need to abandon the current Criminal Code

The initiators of the general meeting need to prepare in advance for questions about why a waiver of the services of the management company is needed. On at this stage it is necessary to study in detail and clearly formulate the reasons why the residents of the microdistrict refuse the management of the management company to maintain contractual obligations and demand that the contract be terminated. You can refuse a management company that services a house based on factual data:

regular violation of obligations assumed under the contract on the part of the organization providing housing and communal services;
the organization refuses to do work in good faith to maintain the microdistrict in a livable condition;
if the management company does not provide reports or distorts information;
The contract is invalid due to expiration.

An example of the management company creating an unfavorable situation is the obligation to make repairs to a controlled building, which was not completed.

Papers with reports on the work performed and the amount of money spent should be requested from representatives of the management company in the process of preparing for the general meeting of residents in order to create a basis of justification for leaving the jurisdiction of the organization that serves the residential building.

It is best to create a list and justification under the auspices of an experienced lawyer, since his recommendations and advice will help to avoid delays that could delay the process of changing the management of the house.

What documents need to be collected

In order for the current contract to be removed from the list of terminated ones, you should prepare in advance a package of papers that contains:

invitations sent to owners from the initiative group to hold a general meeting of apartment building residents in a certain place, as well as at a specific time;
information letter sent to the management company notifying the fact early termination contractual obligations at the initiative of tenants, the right to which is confirmed by law;
letters from residential property owners containing complaints about the management company’s inability to do its job satisfactorily;
photocopies of complaints about poor quality of services provided, sent to the office of the management company, Rospotrebnadzor, housing inspection;
a protocol of the general meeting drawn up based on the results of joint debates.

A copy of the last document is sent to the Criminal Code. It is important to receive a note from the managers’ office confirming the acceptance of the submitted papers. To do this, you should make copies of each of the documents sent to the housing office, and when directly transferring the papers to the representative of the management company, require you to register the received package and put a mark of acceptance on the photocopies, which remain with the members of the initiative group.

Such actions will protect homeowners from claims that tenants’ claims are unfounded and that they are removing the property management facility only on a whim.

Upon receipt of materials notifying the service organization about the change of status for a particular building, the management company is obliged to prepare papers to be transferred to the organization that the apartment owners have vested with authority in the field of housing and communal services.

However, such compliance on the part of managers exists only in theory; in practice, management companies strive with all their might to prevent the contract from being broken. Therefore, there is a possibility that litigation will be required to resolve the conflict.

The management company abandoned the house

There are a number of reasons why the management company refuses to fulfill its obligations to maintain an apartment building in proper condition:

the service organization has begun bankruptcy proceedings;
there is no license for the relevant type of activity;
apartment owners do not fulfill their financial obligations.

The law of the Russian Federation requires that all companies involved in the management of residential real estate undergo a licensing procedure. However, obtaining a license that allows you to take responsibility for the maintenance of housing is a slow process and can take several years. Most management companies do not seek to inform their wards about changes in status related to the lack of a license. That is, they continue to provide housing and communal services regardless of its availability. Such actions on the part of managers are illegal. Therefore, when concluding a contract, special attention should be paid to the issue of license availability.

If the organization responsible for providing the house is in a financial hole that does not allow it to engage in improvement of the entrusted real estate, then the only way out for it is bankruptcy proceedings.

Also, the management company may terminate the service agreement due to homeowners who do not make payments according to the list of services provided or make excessive or inadequate demands for the maintenance of the house and local area.

In all of the above situations, the management company has the right to terminate the service agreement unilaterally.

What should owners do if the house no longer has a management company? According to the current legislation of the Russian Federation, homeowners in an apartment building are required to decide within a month who will maintain the building: a specific management company or a homeowners’ association. If tenants are unable to make a choice on their own, the administration makes it for them. The final break in cooperation between the service organization and the residents of the house occurs after 30 calendar days from the date of notification of the owners of the management company’s initiation of unilateral termination of the contract.

In accordance with the Housing Code of the Russian Federation, apartment owners have the right to choose a management company.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

If residents are dissatisfied with the quality of the services provided, then they can refuse the management organization and.

But in this matter, not everything is so clear. There is a certain order and rules that cannot be broken.

Reasons

To refuse the services of any management company, you do not need any special reasons, just dissatisfaction with the quality of work.

In the case where several residents are dissatisfied with the situation at once, the replacement procedure is not difficult.

Who is eligible?

The procedure for abandoning the management company is regulated.

Only the owner of the apartment can refuse to provide services, that is, if the housing is privatized.

If the apartment is not privatized, then the decision will be made by the municipality - in this case, it is considered the owner of the property. But this does not mean that the tenant does not have the right to vote.

Legislation

Article 162, paragraph 8.1 of the Housing Code of the Russian Federation regulates the procedure for leaving the management company.

According to this regulatory act, homeowners can independently choose a management company and refuse the services of an existing one. There are no fines, this procedure is carried out quite quickly and does not require any costs.

How to refuse a management company?

An important point is that it is necessary to make a decision to refuse the services of the management company until the end of the contract with the organization.

If you are late with this, the contract will be extended for another 1 month and then you will have to wait for the expiration date - that is, the procedure will drag on for at least another year.

First we need to hold a meeting. It is necessary that each of the residents be notified in writing. An initiative group of residents is selected, which sends an application to change the management code and minutes of the meeting.

At the same time, it is not so important where exactly the house goes, it is quite acceptable -. Only after this procedure will the refusal of the Criminal Code be formalized on legal grounds.

Is it possible for one owner (one apartment)

It is possible to refuse the services provided by the management company.

One owner can also refuse unnecessary services.

In this case, you will have to immediately look for a replacement and the process itself is quite lengthy and tedious, since you need to collect some documents.

Go to another

Switching to another management company is quite simple. For this purpose, a meeting should also be organized at which residents will decide whether a change of management system is needed and which one to choose.

A protocol is drawn up for this purpose. The main thing in this matter is to agree and choose the most acceptable option for yourself. In order not to run into scammers, it is recommended to study reviews of the declared management company.

Create an HOA

Can . But there are some difficulties on the way to this, for example, a large number of documents and papers, and they all need to be filled out correctly.

But sometimes the local municipality prepares everything necessary documents independently, you only need to indicate information that relates specifically to the applicant’s home.

In order for an HOA to be created, you need to:

open a separate personal account;
to hold a meeting.

A decision will then be made based on the results. It is important that as many people as possible vote for the creation of a homeowners' association.

Step-by-step instruction

Is it possible to refuse to manage a company?

Yes, for this you need:

gather residents;
vote;
if the decision is made big amount people, you will need to refuse the services provided.

General meeting of residents

If one of the owners is extremely dissatisfied, then he should act as an initiator in this matter.

It is necessary to gather residents and, based on the results, a decision will be made on which company should be chosen.

In the case where the building has social rented apartments, a representative of the administration should be invited.

We must try as hard as possible to make the official believe that the initiator is right. Upon signal, an inspection will be carried out. It should be noted that based on the results of the work, certain acts are drawn up.

It is also important to determine which apartments are privatized and which are not. For this purpose, a survey is conducted. This information can also be obtained from the local municipality.

Then you need to get together and discuss the problem. On general meeting owners of real estate are raised issues related to changing the management company.

If the choice is made, then you need to consult a doctor. In any case, it is necessary to explain why this company.

If the collection does not work out, then you should print your offer and send it to all apartments. Residents will vote in absentia this way. But it should be noted that the decision will be made based on the occupied space. That is, 5 people in 20 squares influence the final voting result less than 1 in 50.

In any case, the decision is made in writing and must be certified with a seal. For it to be considered legal, at least 1000 people must vote for one option.

Selecting a control method

On face-to-face meeting premises owners decide not only to refuse the services of the existing management company, but also to find a new one. You can select a management company at the meeting itself.

There are usually 3 options:

search for a new management company;
creation of a partnership;
creation of direct management.

Only in the first case no costs are required.

In the case of creating an HOA and direct management, you will have to run around with various pieces of paper through the authorities for a long time.

Direct rule is quite convenient; under it, direct contracts for the supply of utilities are concluded.

Has a huge advantage this form board - no need to pay for the maintenance of the management company or HOA. But nevertheless, when choosing different options, residents have some problems - they cannot always agree among themselves and choose the right option.

home » Loans » How to refuse the services of a management company and create a homeowners association. Is it possible to refuse the management company? Appeal to higher authorities