Experience of management companies in the housing and communal services sector. What rights and responsibilities does the management company have? Does the management company have the right to turn off electricity?

The number of requests regarding the provision of housing and communal services in our country is in the first place to all levels and branches of government. Living in an apartment building promises great worries for every owner, namely problems with heating, water supply, cleaning the local area or repairing entrances. In this article we will look at what a management company should do and what rights and responsibilities it has.

The question of what a management company should do is most often asked by owners who are not satisfied with the quality of living in the house. Every month in your payment document you find lines of payment for the maintenance and repair of your home, but it is not clear where this money goes. So what should an ideal management company be like?

It doesn’t matter at all what form of management is in your house - MA, HOA or housing cooperative, the services that should be provided to the owner are generally the same and the demand from the head of one of these organizations will be the same. If a management organization has been elected in your building, then after drawing up the minutes of the general meeting, the management company is obliged to enter into a management agreement with the owners of the apartment building for at least 2/3 of the entire area of ​​the house. The date of concluding a management agreement with the management organization will be the date of commencement of management of the house. From this moment on, she must strictly comply with all legislation that regulates her work. In its work, the management organization is obliged to provide free access to information about the managed house, its characteristics and financial and economic activities. From June 1, 2016, all information about the activities of the management company must be placed in the GIS housing and communal services system. Here you will find all the necessary information. If there is no information required for posting, feel free to contact the State Housing Inspectorate or the Prosecutor's Office. Also, according to the Housing Code, every year in the first quarter all owners must hold a meeting to approve a report on the financial and economic activities of managing the house for the previous year. If such a procedure has not been carried out, you can also contact the supervisory authorities.

Responsibilities of the management company

Responsibilities of the management company for housing maintenance

Responsibilities of the property management company:

• Clean up places common use, that is, entrances;
• Clean the local area, and more specifically the land plot located under an apartment building. If there are trees on the land plot, then the issue of pruning or demolishing them is also the responsibility of the management company. If a tree falls and, as a result of the fall, damages property or harms human health, then feel free to sue the management company for damages;
• Maintain the façade of the house in proper condition: remove advertisements or paint over graffiti;
• Cleaning the sewer system of common building risers;
• Preparing the house for autumn - winter period. Carrying out flushing and pressure testing of the heating system, checking communal meters;
• Cleaning the roof from snow and ice in winter;
• For management organizations, this means concluding an agreement with the emergency dispatch service;
• Interaction with the elevator company (if elevators are available);
• Carrying out measures for disinfection and disinsection of basements and local areas.

Responsibilities of a property management company

Responsibilities of the property management company:

• Carry out repair work to restore window frames and glazing in the entrance or technical floor in case of their absence or breakdown;
• Entrances must be painted and whitewashed, they must have lighting, and overhead lighting is also mandatory;
• Roof repair work in case of leakage;
• Any repair work of common property related to the provision of utilities: risers for cold, hot water supply, heating or sewerage, intra-house power supply networks;

Responsibilities of the management company for the provision of utilities

Responsibilities of the management company for the provision of utilities:

• As a separate point, I would like to say that the management company is obliged to provide you with utilities. The fact is that when a management company takes control of an apartment building, an agreement is concluded with a resource supply organization for the supply public services. In this regard, the company is responsible for the operation of all engineering systems of the house. For example, if a service such as heating is provided to an apartment building, but it is not provided in the building, then the management company is responsible. The same situation applies to water, sewerage, gas or electricity. Of course, if the service is not available due to the fault of the resource supplying organization, then the management company must still protect your interests and make every effort to change the situation;
• Providing utility services to the owner of the apartment obliges the management company to work to collect funds for these services and conduct claim activities;
• Ensure timely removal of solid waste and large household waste. This means that the management company is obliged to enter into an agreement for waste removal;

The management company has no right to demand money in excess of the tariff for carrying out the above-mentioned work, and if it really does not have enough to ensure its normal activities, it is obliged to hold an extraordinary general meeting of owners to make calculations on this issue.

If such services are not provided, then feel free to contact the State Housing Inspectorate.

But in addition to its responsibilities, the management company also has rights. It’s also worth studying them so as not to get into trouble.

All of the above points constitute the main activities of the management company. And any organization or manager wants to receive a monetary reward for their work.

Management company income

The management company's income for these costs comes from housing maintenance. If there is such a line as home repairs, then it is a plus and the fees from it go towards emergency work. You must understand that to perform all types compulsory work significant finances are required, and we did not indicate such items as disclosure of information, certification of employees, maintenance accounting and much more.

In this case, the management company has the right to initiate a meeting of owners on the issue of increasing the tariff for the maintenance or repair of housing. The meeting should be held with the provision of cost estimates, justification for the calculation and other arguments that may influence the decision. If a decision to increase the tariff is not made, this does not mean that the responsibilities of the management company are lost; work must continue in accordance with current legislation.

The main right, as I believe, the management company has is the absence of the need to carry out major repairs using the money of the owners collected under the article maintenance and repair of housing. Let's give one of the most common examples. Repair of balconies. Balconies are common property and their repair should be carried out by the management company. But if the balconies are in a state requiring major repairs, then they may not carry out the work. In this case, it is their responsibility to take measures to change the timing of major repairs of balconies in this house to an earlier date. This should happen with any type of work that requires major repairs.

The situation is similar with window frames in entrances. If they are in poor condition, but not broken, then the management company is unlikely to spend its profits on replacing outdated structures. And no organization can oblige you to do this.

Debt collection for housing and communal services

One of the most difficult moments in the work of any management company is the debtors, from whom sometimes there is nothing to take even in court. Collection of utility bills is possible only through the court. Although today it is possible to restrict the debtor’s utilities until he repays the debt.

Most of all, owners are interested in what rights the management company has in relation to the owner if he does not pay for housing and communal services.

Does the management company have the right to turn off electricity?

To find out whether the management company has the right to turn off electricity, we will analyze two situations. If you receive a separate payment for electricity from energy company, this means that the electricity supplier is not the management company and therefore they do not have the right to restrict this service.

If you pay for electricity with a general payment in the Criminal Code, then if you meet all the requirements for notifying you as a debtor, you can limit electricity for a certain time.

Does the management company have the right to charge penalties?

If you do not pay for housing and communal services, then the management company has the right to charge you daily penalties in accordance with clause 14 of Art. 155 of the Housing Code of the Russian Federation, after 31 days of delay in the amount of one three hundredth of the refinancing rate approved by the Central Bank of the Russian Federation, and starting from 91 days of delay, penalties are paid daily in the amount of one hundred and thirtieth of the refinancing rate of the debt amount.

The management company must carry out a very wide range of work in an apartment building, otherwise it may be held liable for inaction. The management company bears responsibility before the law, the same as any organization. This can be both administrative and criminal liability. The main supervisory authorities that monitor the implementation of the work of the Criminal Code at the moment are the State Housing Inspectorate and the Prosecutor's Office. To a lesser extent, but also varying powers to inspect companies, the authorities have local government, fire supervision, Rospotrebnadzor, police and others.

Each of these organizations has the right to impose a significant fine on both the official and the entity for failure to comply with the requirements of current legislation. The main problem is to prove that a violation took place.

A few words can be said here about licensing of management organizations. After the obligation of management organizations to obtain a license arose, in case of unsatisfactory performance of the organization, it became possible to deprive them of this license. And it seems that this should affect the improvement of the provision of housing and communal services. But let’s not dwell too much on this here, since only the State Housing Inspectorate has the authority to do this and only in court. Nobody is going to deprive licenses right or left, primarily because if the house is left without management, albeit temporary, then who will guarantee that another management authority will not manage it even worse. Here, the position of the authorities is such that the owners, having united, can re-elect their negligent management organization. And, if there is no desire to unite, then there is no point in changing anything in the apartment building.

All work of the management company is secured by various legislative acts. Using them skillfully you can achieve all types of work in an apartment building. But we must not forget that the well-being of the entire house depends on the activity of each home owner.

A management company is an organization that is engaged in “conducting affairs.” To be more precise, it carries out: maintenance, repairs, organizing payments for heat and light, and also conducts inspections. Can "engage" in one or more residential buildings, it all depends on the level of prestige of the company. Moreover, recently, housing and communal services enterprises must be officially licensed, without fail. The management company contains a structure that depends on how large the enterprise is. According to the law, they must comply with a list of responsibilities, as well as comply with certain regulations.

Responsibilities of the management company under the law

The housing and communal services management company has certain rights and obligations that must be observed. Those responsibilities in the house that one or another management organization will undertake upon concluding an agreement will be spelled out in it. In this case, the contract may contain the following types of obligations:

• Preparing your home for the new season, be it winter or summer.
• Utilities, their tariffs, repair or replacement of water supply systems: pipes, meters, as well as electrical systems.
• Both major and cosmetic seasonal repairs.
• Cleaning courtyard areas, entrances, elevators, maintaining cleanliness.
• Organization of other repair work related to the equipment installed in the house, for example, elevators (if it is installed and repaired at the expense of the owners, the previous management company or construction company)
• Drawing up certificates for homeowners, providing full reporting, as well as issuing invoices in accordance with tariffs for utility services.

In addition, the cost of providing services by the company is also established. All this is discussed at a house-wide meeting of owners and residents.

Types of management companies

Housing companies can provide some of the services that were described above, it all depends on the requirements of residents and the capabilities of the organization, so these management companies in the housing and communal services sector can be divided into types:

• Provides all services and acts as an intermediary with resource-providing organizations.
• Being an intermediary who finds performers for all necessary services.
• Organizations for managing courtyard areas, garages and premises not intended for residential use.

Responsibilities of the management company

The responsibilities of management companies in the housing and communal services sector were discussed above. But what does such an organization have the right to do besides its main responsibilities?

All services that the company is ready to provide and their prices are usually announced at general building meetings, and residents, in turn, decide whether they need it. When apartment owners make a choice, an agreement is drawn up with the owners, on the basis of which services are provided. Additionally, management organizations can, for example, remove bulky waste several times a month.

Drawing up an agreement with the owners

When drawing up an agreement, the management company in the housing and communal services sector must indicate for its part:

• A list of all services that it will provide to a specific home.
• Information about the obligations of the parties, rights and relationships.
• Information about the house (or other object), and must be indicated in detail.

In addition, the agreement contains information about:

• Reports.
• Rules for the use of premises such as attics, basements and other non-residential premises.

The agreement may be changed subject to a request from the owners. Changes may be related to any clauses of the contracts.

Responsibility of the management company under the law

There are several levels of government bodies, the totality of which is in the housing and communal services sector. For this purpose, inspections are carried out to determine the quality of work performed, both from the management of the house and from the local (municipal) level. This is done in order to identify shortcomings in the work and eliminate them. When an inspection occurs by government agencies, they check everything from the cost of utilities to their quality and so on.

In the event that an organization does not fulfill its obligations, refuses to do so, the conflict is resolved by imposing an administrative fine on it, since this is considered a violation according to the Code of Administrative Offenses of the Russian Federation, article 7.22 it should be 40 - 50 thousand rubles. In addition, in addition to the fine, the article provides for the suspension of the company’s activities for up to 90 days.

If violations of the sanitary requirements of residential premises occur and the organization does not respond to this in any way, then you can immediately go to court. In this case, a fine of 10–20 thousand rubles is also imposed on the organization. This is beneficial for residents in that next time the managers will take the owners’ requests more seriously.

Licensed by the management company

Housing estates by Federal Law No. 255 are required to obtain a work license. Otherwise, the organization will not be able to register. On these grounds, it can be argued that each management organization has a license, which can be obtained from:

• Housing and communal services supervisory authority.
• Commission for licensing of housing and communal services.

And to complete it, you need a whole list of papers:

• Certificate of opening of an individual entrepreneur or LLC.
• Tax accounting documents.
• Certificate from the Unified State Register of Legal Entities.
• Appointment of a director and certificates of ability to serve in this position.

And this is not a complete list; other documents are needed. Information about the license can be obtained by the name of the management company or the address of the house to which it is associated. This can be done on the government services website.

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Nowadays, residents are often faced with the fact that the management company violates their rights.

However, what is even more deplorable is that the residents themselves usually do not even suspect that they are being violated.

Therefore, it is worth understanding what are the direct responsibilities of a management company in the housing and communal services sector for maintenance and repair houses.

Dear readers! Our articles talk about typical ways to resolve legal issues. If you want to know how to solve exactly your problem - call free consultation:

Responsibilities of the housing and communal services management company under the law

The activities of management companies are regulated legislation. The legislative framework, establishing the rights and obligations of the management company, is contained in Housing Code of the Russian Federation. In particular, this is stipulated in 161-162 articles.

Housing Code

The management company must provide residents with suitable and safe conditions residence, as well as decent maintenance of common property, solve problems of its use and provide residents with utilities.

This is what the first paragraph says 161 articles LCD.

His first subparagraph brings more specificity to the question maintenance of common property and gives a clearer formulation.

According to it, the management company is obliged to:

1. Observe sanitary and epidemiological requirements And fire safety rules, in order to maintain the reliability of the house and the well-being of residents;
2. Maintain level security, suitable for maintaining human life and health, custody of their possessions, and property state and municipality;
3. Give to residents access to use of premises and common property of homeowners;
4. Observe rights and interests of homeowners in a multi-storey building, if this does not contradict the law;
5. Support communication system in good condition and also keep track of serviceability of metering devices and other types of general equipment;
6. Realize supply of resources necessary to provide residents with utilities.

The management company assumes responsibility for the common property in a particular apartment building and for the supply of utilities, regardless of the degree of improvement of this property.

Quality of service in any case must comply with government requirements and regulations, which are indicated in Housing Code.

Wherein The management company is responsible not only before the state or municipality, but also directly in front of residents.

The management company is also obliged to provide residents with access to information about its financial and economic activities, about services, which she provides, and the order in which they are provided.

She must inform residents about costs and tariffs for all services provided to it.

IN Article 162 are specified rules for concluding an apartment building management agreement, which is concluded between the management company and all owners of its premises. This document is worth considering separately, as it has a fairly extensive legislative base.

Management contract

This document can only be concluded with a management company that has permission for such activities.

Otherwise, the organization will not meet the requirements, which are established by law, and therefore does not have the right to enter into such agreements.

At its conclusion, it is necessary to collect all owners housing in this house.

According to the second paragraph, the house management agreement means that the management company undertakes:

• Do your job on time, for the established fee;
• Conduct repair and provide maintenance of common property premises owners;
• Provide them public utilities;
• Conduct another management activities.

At the same time, the list of works and services that are included in the obligations of the management company must be indicated in the relevant agreement.

Sample standard contract management of an apartment building with a management company you can download.

The company must begin to comply with the terms of the agreement no later than within one month after its signing. However, if a different period is specified in the agreement, then the management company is obliged to begin work within the specified date.

One month before the end of the contract, The management company must transfer all documentation for this house management organization, which was selected. The management company is also obliged to provide apartment owners with regular reports on its activities.

Other regulations

According to other documents, the management company must maintain in proper condition local area apartment building assigned to it.

The fact and quality of work on the maintenance of this territory should be monitored tenants.

You need to keep an eye on the following:

1. To ensure that the management company regularly performs cleaning the local area;
2. Saw her off landscaping;
3. During took out all household waste;
4. Installed on site playgrounds, benches And so on.

Rights

In addition to responsibilities, legislation and regulations install rights of the management company.

Residents also need to study them so as not to get into an unpleasant situation, violating one of the rights of the organization.

So, the management company has the right to:

• Receipt income;
• Debt collection from residents;
• Deprive a tenant of a certain resource for debts;
• Accrue penalties.

In fact, income management company depends on tariff to pay for her services.

The organization has every right to increase it, however, only when carrying out meetings of owners and provision of estimates.

Of course, the tariff increase may not be approved at the meeting, in which case The management company is obliged to continue working as before. The management company has the right to collect debts, but only through the court.

However, you can do without a trial, simply by disconnecting utility supply, for which the debtor does not pay.

To the last The Criminal Code also has every right. It gives 354 Resolution. But this is only possible if the resource is supplied to the tenant through this organization, and not from the resource supplying organization directly.

Another way to deal with debtors is the right to charge them penalties. This allows 14 paragraph 155 of article LC. Penalties are accrued from 91 days of delay.

Functions

Having understood all the laws and regulations that govern rights and obligations of the management company, it is worth clearly understanding that after all what is included in the organization's obligations and what is not:

What if the management company does not fulfill its responsibilities?

Most often the management company ignores its responsibilities for repairs and maintenance of common property.

The brightest and most frequent example – refusal to replace certain items, which are the property of all residents of the house.

Here the law remains on the side of the residents, and so you can easily change the position, holding the management company accountable.

Subsequently, she either will start working properly, or you'll have to break the agreement with her and hire other management organization.

To do this you need to do the following:

• Write appeal to the management company, state your claims and ask to fulfill your obligations according to the agreement;
• If it was not accepted, it is worth come to an appointment with the head of the management company;
• Introduce proof failure to fulfill duties;
• If there is no proper response, contact housing inspection by writing the appropriate statement indicating their claims and links to regulations and articles. TO statement worth the effort proof.

Sample application to the housing inspectorate: download the form.

After this, JI will conduct check in order to identify violations. If they really exist, then The Criminal Code will be obliged to eliminate them under threat of going to court.

The court can either force the organization fulfill your requirements mandatory, or will impose fine.

He can also suspend the company.

What's not included?

In order not to get into an awkward situation by forcing the management company to do something that is not part of its responsibilities, you need to know what actions it may not perform:

1. Garbage removal;
2. Carrying out extraordinary repair work if this is not necessary;
3. Purchase of new coolant;
4. Cutting down trees in the local area;
5. Intercom repair;
6. Lighting of the local area;
7. Installation of a video surveillance system;
8. Decoration of the local area.

Management companies have their own set rights and responsibilities, according to the law and documents.

If these rules are violated, the organization may either lose your license, or pay fine. However, this requires that the tenant noticed the violation in time And contacted the appropriate authority.

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