No management company has been selected. They want to give municipalities the right to appoint a management company. Is it possible to change the management company to another?
Problem
In 2012, we managed to achieve that we were appointed management company. This was done deliberately.
We live in a 2-story building, but we were actually not given a choice, since ALL 2- and 3-story buildings in the Samara region were “given” to the management of one company. At the same time, our house has always been part of one household, which always included a 5-story house and 3 two-story houses. Of these low-rise buildings, we have ALL the cranes directly physically located in the basement of the neighboring five-story building. We also have a lettered house number, i.e. with the letter "A" - 44 "A". We are part of the household. But when the management company was formed and their work began, the city was divided not according to the principle of convenience, but according to the principle of number of floors. Our house went to one management company, and the five-story building - our “mother” - actually went to another. We tried to solve the problem amicably, we were ready to choose the company that services the five-story building. But, of course, it didn’t work out.
The company to which we were assigned even forged the minutes of the general meeting, stating that we allegedly elected it. But we proved in court that the protocol was falsified.
Next, they ensured that we were ASSIGNED a Criminal Code (using Article 161 of the Housing Code) since in our conditions it seemed reasonable. It wasn't easy either. But it worked. And although this is the same company that we did not choose, the very fact of appointment was important, since under these conditions we could always involve the administration in case of difficulties in relations with the management company.
3 years have passed. And now the contractual relationship with the appointed company has expired. We notified the Administration in writing 5 months before the end of the contract that we again did NOT choose the method of managing the house and asked again to appoint a company to manage the house.
This is done through an open competition. We were notified in response to our request about the results of the competition that it was declared invalid, since not a single application was submitted.
According to the rules for holding an open competition for the selection of managers. organization, it is repeated after 3 months, but!!! with an increase in the amount of fees for maintenance and repairs “by at least 10%.” (Resolution of the Government of the Russian Federation No. 75 of 02/06/2006 “On the procedure for carrying out local government open competition for selection management organization on management apartment building").
But the Resolution does not determine at whose expense such a tariff increase is made. It simply states that the tariff is increasing. Having searched for information on the Internet, I realized that such a norm is provided for dilapidated houses that management companies do not want to maintain, since it is very expensive. In this case, additional payments to managers come from the mountains. budget.
But our house is quite prosperous (by our Russian standards), exactly the same as the neighboring five-story building. We even had our water supply updated (we got it by court order) and a new heating pipe since last fall. Does not require any increased expenses.
Pay a higher rate? Why is this, our owners do not agree with this, of course. The Administration verbally states that the increase will be at our expense. But on what basis? Is there a completely clear standard? We think that in this way we are being forced to abandon the very idea of an appointed management company.
But we hold on to it only because in the case when the cranes are located on the territory of one management company, and the house itself is managed by another, then, unfortunately, cases arise when neither of them wants to solve the problems of urgent repairs and prefer to “play football” ". And our tactics of working with the appointed company turned out to be effective. Over the past 3 years we have become convinced of this.
Now we will send a written notification to the Property Management Department that we are ready to cooperate with the management company that will be assigned to us, paying for their services at general tariffs, not elevated.
Can you comment on our situation and recommend something else?
All the best!
In addition, specially created State Information system Housing and communal services official site http://gis-zkh.ru/
The procedure for holding a repeat competition is regulated by Decree of the Government of the Russian Federation of February 6, 2006 N 75 “On the procedure for holding an open competition by a local government body for the selection of a management organization to manage an apartment building.” In particular, the increase in fees is indicated in paragraph 59 of the Resolution. base.garant.ru/12144905/
Anna, thank you for the information.
Yes, this is exactly the Resolution that I studied. But it does not indicate at whose expense the price increase occurs. At first we thought that at the expense of the residents (owners), i.e. us. It scares. But then, after searching for materials on the topic on the Internet, and after thinking about it, I came to the conclusion that it shouldn’t be this way.
Well, think about it, why do management companies refuse some houses? Because they are in such a deplorable state that, of course, simply the approved rate of tariffs, even if it is paid in good faith by the consumer of the management services, is not capable of visibly improving the matter.
Therefore, the tariff for services increases. But, tell me, can people living in such housing pay the increased tariff, because they received UNREPAIRED houses as their property through privatization (I’m talking about common property, of course). That is why the tariff increase is envisaged.
But our case is different. Our housing is not dilapidated, although it is an old building. We are simply like that “rare bird that flies to the middle of the Dnieper,” because there are very few houses that have taken advantage of the right to have an assigned management company. We are alone in our area.
Neither the Criminal Code, nor the administration itself - this is of no use.
Therefore (this is our value judgment, and even more accurately, mine) this year they decided to simply intimidate us with an increase in the tariff “by at least 10%, so that we ourselves would abandon the idea of having one that we did not choose (and we are given only one management company to choose from - and is there a choice, and what is it?) of the Criminal Code, but an appointed one. Therefore, probably, the first competition “did not take place”
But the fact that you answer so competently that raising the tariff is the LAW (and it reads as at our expense) does not make me happy, but, excuse me, it makes me doubt the correctness of your judgment. We need to think further. But THANK YOU for your expert opinion. You may have to agree to increase the tariff, and then defend in court the right to compensation for this increase at the expense of the administration. What would you say about this solution to the problem?
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 MKD is put into operation, one of the priority legal issues is the definition 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 carry out general meeting 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 works in the cold. 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 the 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 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 fees for them have the right to demand the provision of utility bills of proper quality or recalculation of the amount of payment for low-quality services (Section IX of the Rules for the Provision of Public Utilities).
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 compound common property 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!
Initially, the issue of home ownership management is dealt with by the developer.
He receives permission to put the house into operation, then within 5 days from this moment he, at his own discretion, chooses a management company with which for 3 months.
At the same time, the local government, within 20 days from the moment the apartment building is put into operation, notifies that the house is being put up for an 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.
Management activities are assigned to or by an authority local government company, since not all apartments are occupied and there are few owners to vote for the management company.
Grounds for holding the competition
The first basis for holding an election competition is the passing of apartment building for direct use or exploitation.
When the construction stage is completed, and the owners have received their documents and the long-awaited keys, the law allots a certain period for the residents to choose a management method.
The second basis arises due to failure to fulfill the will of the legislator. If, within the allotted period of one month, the residents do not choose a management method, the local administration takes control of this issue and helps residents decide on a management method.
If the owners refused the services of one management company, they will need a new organization that services the common property. Thus, a change in the organization for managing an apartment building can also be considered grounds.
Reference! The law provides for situations where she breaks the contract. In this situation, it is also necessary to select a new management company for the apartment building.
Competition rules
Regulatory acts
To get acquainted with the acts of your municipality, you should go to the city administration website.
In addition, when holding a competition, it is important to be guided by the articles of the Housing Code, as it says. The rules for holding a competition 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 entire procedure takes place. Read in advance all the nuances specified in this act.
IN last years The legislative system of our country is being reformed more and more often, and the Housing Code has not been spared innovations. Some articles reveal themselves more fully in Federal Law No. 38 of April 5, 2013. The act talks about the changes that have been made to the Housing Code, and also provides some comments on the articles.
Participants
The participants in the competition are, on the one hand, voters, that is, residents of the house and the local government body (SRO), and on the other hand, an applicant or applicants for mandatory management of the entire house.
The number of applicants is not limited, the main thing is to familiarize residents in advance with your participation in the auction.
Subject of the competition
The subject of the competition is the right to manage the house and common property, which will be expressed in the conclusion of an agreement between the parties for a limited or unlimited period.
The subject may also include cash, which will be managed by the management company, providing reporting to residents.
Subject of the auction
The subject of bargaining is payment for the activities of the management company, as well as its capabilities in property management. 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 bidding, management companies introduce owners to the results of their work in other areas, talk about possible prospects for cooperation and the 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 can 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 fifty percent mark, the company that received large quantity votes, the competition does not take place. Unanimity of owners is 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. If 2/3 of all residents of the house are absent, the competition cannot be considered objective and the management company cannot be elected.
If the initiator of the competition is a local government body, it itself appoints the management committee or adds its vote to the votes of residents.
Selection deadlines
The management company must be elected within a month from the moment the house is put into operation. If this does not happen, the self-government body has the right to help residents make their choice for another month. Thus, The entire procedure for appointing a management company should not take more than two months.
Who has the right to initiate a tender?
Only the following can initiate a competition to select a management company for an apartment building under the current Housing Code:
- Residents who choose a management company immediately after the completion of a new building.
- Local government - within a month the administration must receive information about the organization servicing the house. If this does not happen, the local government independently initiates the election of a management company through a competition.
Herself The management company does not have the right to call residents to meetings, arrange meetings and meetings.
How to choose a management company for an apartment building?
All residents of the apartment building must be notified in advance about the choice., the most suitable for this is an evening walk-through of apartments (when all residents return from work) or information by phone/SMS/announcement at the entrance to the house.
Application for participation
Applications for participation are submitted on behalf of management companies. They must indicate the name of the management company, the responsible person, the program under which the cooperation should take place, conditions and contact information. You can accept an unlimited number of applications.
Notice
The notice of a competition to select a management 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 to each owner by visiting the property;
- publication of information about the meeting in local media;
- publication on the website of a local government body;
- notification by invitation to the mailbox;
- placing information on stands at each entrance;
- calling each of the owners.
Voting procedure when choosing a management company
The first step is for the owners to familiarize themselves with all the applicants for the position of management company before voting begins.
For this The time and date of the meeting are determined, and the information is posted on a common stand, where all owners have access. It is also possible to personally invite each owner to the meeting.
All management companies, without exception, can introduce the terms of their cooperation to owners through personal communication, distributing leaflets, and publishing articles on Internet resources.
In a day competitive selection Representatives of management companies, as well as most of the residents of the house, must appear. Representatives of organizations once again familiarize residents with their conditions, proposing certain clauses in the contract. Next, voting begins, which can be either open or closed.
If the initiator of an open competition for the selection of a management organization is a municipal body, then information about the meeting should also be conveyed to the owners, but the presence of representatives of local government bodies will also be required at the meeting.
Important! In the absence of unanimity in the vote, it is the representative of the local government who appoints the management committee.
Opening envelopes and reviewing applications
Applications are reviewed carefully and discussed directly at the meeting. From these, a list of the most worthy and trustworthy candidates is formed, from which the winner is selected.
The moment of opening the envelopes with applications is recorded in the minutes of the meeting. Owners can ask questions of representatives in an attempt to obtain the most complete information.
Conducting the competition and summing up its results
A competition to select a management organization for an apartment building is held immediately at the meeting, after all candidates have been presented.
When all votes are recorded in the protocol, the result is announced. If the voting took place in the format of ballots, the papers are not thrown away, but remain in order, if necessary, to confirm the legality of the victory of a particular management company.
When the winner is announced, the prospects for the future contract are discussed with him, a document is drawn up and signed. The remaining candidates who do not receive the required votes leave the meeting.
Sample minutes of the general meeting
Examples of drawing up minutes of a general meeting to select a management company are presented below.
How does the administration choose a management company?
Reference: if the residents did not independently elect a management company in specified period(one month), then the selection and appointment of a manager is entrusted to the district administration.
In this case, specialists appoint a competition among management companies (both parties are required to be notified of the competition - the owners of the apartment building and all management organizations that may participate in it).
Actions of the administration in this process:
The developer can enter into a building 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 to leave the same company within a month after putting the house into operation.
Concluding a management agreement for 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 management company.
Once again, all the details, the duration of interaction, and possible reasons for termination of the contract are discussed. After this, the agreement is certified by a notary and signed by the parties.
The agreement is signed in two copies— one will be kept by the management company, the other by the owner’s representative.
Residents can specify their wishes for property management, but be sure to coordinate this with a representative of the organization. As soon as the agreement is signed, the management company can begin its direct responsibilities.
What types of violations are there?
Violations of the selection of the management company are associated with the election process itself:
Any violation of the selection process entails not only dissatisfaction of residents with the selected management company, but also jeopardizes financial side cooperation.
To appeal detected violations, apartment owners do the following::
- statement of discovery of a violation;
- collect signatures from residents indicating consent and participation in the accusatory process;
- collect the necessary evidence. This could be video recording of the voting process, ballots, irregularities in the work of the management company, etc.
Persons who discover violations must contact the prosecutor's office or the district court.
The competition for selecting a management 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 will be able to infringe on them.
If you find an error, please highlight a piece of text and click Ctrl+Enter.
You will need
- - initiative group;
- - information about city management companies;
- - invitations to a meeting;
- - ballots for voting according to the number of owners.
Instructions
Create an initiative group of residents of the house. Recent changes in legislation have established the right of owners to elect a House Council, which has additional powers. The initiative can negotiate with potential managers and organize a general meeting that will decide on changing the management company.
Collect information about existing management companies in your area. Analyze press reports about their work. The less in the media, the more conscientiously the organization works. Visit the houses that are serviced by these management companies and talk to their residents.
Negotiate with the heads of several companies that have the best reputation. Find out when their organization was created, how long it has been in this market and what its financial success is. What experience and qualifications do its employees have? Find out where their office is located. Find out if they have a base for carrying out repair work, or if they use subcontractors.
Invite management specialists to inspect your home to find out what condition it is in and what needs to be done first. Find out what payments for housing services this management company proposes to establish, and what part of them it will take for its services. Communal payments are established by the authorities responsible for tariff regulation. The management company must directly transfer them to resource supply organizations. Clarify how she suggests this. It will be safer for residents if an agreement is concluded with a cash settlement center.
Draw up a draft agreement with the management company. Include there a list of additional services, the obligation to maintain a 24-hour dispatch service for emergencies, the frequency and form of reporting to the owners on the results of their work. Discuss the possibility and conditions of use local area and other common shared property. After reaching agreement with the company on the main points of the contract, proceed to organize a general meeting.
Conduct preliminary information meetings to outline the work done, data collected, and final selections. Read or post the draft management agreement for review. Set a date and location for the general meeting, for example, in the courtyard of your house.
Organize a meeting with representatives of the management company. Let their leader answer all questions from residents. Draw up and read the agenda, keep minutes of the meeting. Since it is difficult to gather more than half of the owners, as required by the Housing Code, conduct an absentee vote to select this organization as the manager and approve the management agreement. After the ballots are counted and the protocol is drawn up, the company can begin work.
Hello! According to the Rules for assignment, change and cancellation of addresses" approved by Decree of the Government of the Russian Federation of November 19, 2014 N 1221
The address assigned to the addressing object must meet the following requirements:
a) uniqueness. The same address cannot be assigned to more than one addressing object, with the exception of cases of re-assignment of the same address to a new addressing object in place of the canceled address of the addressing object, as well as assignment of the same address to a land plot and a building located on it ( structure) or an object of unfinished construction;
b) obligation. Each addressing object must be assigned an address in accordance with these Rules;
c) legitimacy. Legal basis address ensures compliance with the procedure for assigning an address to an addressing object, changing and canceling such an address, as well as entering the address into the state address register.
11. In the case of assigning an address to an apartment building, simultaneous assignment of addresses to all premises located in it is carried out.
44. The address structure includes the following sequence of address-forming elements, described by details identifying them (hereinafter referred to as address details):
a) name of the country (Russian Federation);
b) name of the subject of the Russian Federation;
c) the name of the municipal district, urban district or intracity territory (for cities of federal significance) within the constituent entity of the Russian Federation;
d) the name of an urban or rural settlement within a municipal district (for a municipal district) or an intracity district of a city district;
e) name of the locality;
f) name of the element of the planning structure;
g) name of the road network element;
h) land plot number;
i) type and number of the building, structure or object of unfinished construction;
j) type and number of premises located in the building or structure.
61. In the addressing structure, an integer and (or) fractional number is used to number addressing objects, with the addition of a letter index (if necessary).
When forming the number part of the address, Arabic numerals and, if necessary, letters of the Russian alphabet are used, with the exception of the letters “е”, “з”, “й”, “ъ”, “ы” and “ь”, as well as the symbol “/” - oblique trait.
Thus, I believe that this is one apartment building and the general meeting should be held by the owners of letters “a”, “b”, “c”.
Since the decision to assign an address is made by local authorities, you can additionally clarify the issue regarding the address with the local administration.
