The Central Bank has changed the rules for disclosure of information by issuers

Communication with residents of apartment buildings, supervisory authorities, and contracting companies is one of the important areas in the work of management organizations. The response time depends on the topic of the request received. We have collected the topics of statements and the deadlines for providing a response to them in accordance with current regulations.

What information is the management company not obliged to provide to the owners?
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What is this resolution about?

Let's first figure out why, in fact, this legislative act was called the Standard? With the word standard, we immediately associate a set of rules that are mandatory and identical for a group of people or a community of people for whom it was developed. And our case is no exception.

731 Government Decree is mandatory for all management companies. That is, now each management company must create its own website and register on the Housing and Communal Services Reform . In these sources it is necessary to post information about your activities in managing apartment buildings, as well as information on each apartment building.

For these purposes, on December 22, the Ministry of Construction approved Order No. 882/pro on forms of information disclosure. But the document came into force only on May 22, 2015. Therefore, from this day on, information is published on websites not in any form, but in strictly approved forms.

Printed copies must be placed on information stands in company offices. Information stands should be located in a place convenient for visitors, that is, so that everyone can approach the counter and read the information they are interested in (more information about the design of stands in our article). The management company must keep copies of materials from its stands for 5 years.

In addition, the Information Disclosure Standard contains requirements for the types, procedure, methods and timing of publication of information that management companies and which must be accessible to an unlimited number of persons. In other words, the management company discloses information about its activities and houses, and the population, regulatory and other authorities can view and check them.

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Part 1. From 731st to 731st

A little more than a year has passed since the article “ Where and what to disclose to management companies and HOAs?”

“, and it became clear that the issue needed to be returned to be updated.

First, let's refresh our memory on the main points regarding the regulatory regulation of information disclosure by management organizations, homeowners' associations and cooperatives.

For the first time, for these entities, the obligation to disclose a certain minimum of information was formulated in the Decree of the Government of the Russian Federation of September 23, 2010 No. 731 “On approval of the standard for information disclosure by organizations operating in the field of management of apartment buildings” (hereinafter referred to as Standard No. 731).

Mandatory federal

a certain website www.nosoun.ru was designated as an Internet resource, the vastness of which was ordered to “come out of the darkness.” Several programmers from Izhevsk, for mere pennies, made something that could not be successfully registered and worked on (read: disclose information) from any browser. By the way, the situation was complicated by the fact that almost every “revealer” grew into the workplace, engaged in “dumping out” digitized documents. Even then, “persons close to the emperor” realized that they could not make money out of thin air.

Gradually, the portal was “finished”, its new, already quite civilized, version was prepared, and it became obvious that it was time to put an end to the handicrafts, the era of “disclosure on an industrial scale” had arrived.

Soon the state, represented by the Ministry of Construction, decided that it was time to lead the process: the website www.reformagkh.ru, determined by the relevant order, appeared to disclose information.

And “ReformaZhKKH” has gone from being completely unsuitable for disclosing information to an almost understandable and familiar resource.

In parallel, Standard No. 731 obligated management organizations to disclose information on their websites, while for HOAs and cooperatives to have “their own website” was not a mandatory requirement.

Let’s not remember the obligation to disclose information on certain regional resources, since these resources were simply not created in most subjects and municipalities.

A remark aside: posting identical information on several resources (essentially duplication) instead of generally accepted hyperlinks is redundant. By the way, the NOSOUN adherents at first tried to prove to everyone that only they need to disclose information, and on other resources you can simply put an active hyperlink.

The Ministry of Construction quickly put an end to this free spirit, but the common sense idea was picked up; Subsequently, duplication was partially abandoned. But this happened already with the birth of GIS housing and communal services.

Please note that the volume of information to be disclosed “on information boards” was large initially, but this did not raise any special questions, everyone managed somehow.

Over time, it seemed to legislators that management organizations, homeowners' associations and cooperatives had completely learned to electronically “expose themselves”; then the Decree of the Government of the Russian Federation of December 28, 2012 No. 1468 “On the procedure for providing information to local governments by persons supplying resources necessary for the provision of public services and (or) providing public services in apartment buildings and residential buildings or services (work) appeared” on the maintenance and repair of common property of premises owners in apartment buildings,” which, strictly speaking, did not force organizations to disclose information, but determined the need to monthly write and send to local authorities a certain document called “Electronic passport of apartment buildings.”

Not only the “information providers”, but also the entire local self-government had a lot of fun with the electronic passport locally, and therefore the ill-fated resolution lasted only two and a half years, its “demise” somehow passed unnoticed against the backdrop of the development of requirements for disclosure of information on “ Reform of housing and communal services." Remember how much controversy there was over “disclosure forms”?

A bright future in the form of GIS housing and communal services has arrived, but not immediately for everyone.

Now let's look around. Where are the information disclosure requirements generally formulated?

We go through the hierarchy: part 10 (and then part 10.1) art. 161 of the Housing Code of the Russian Federation, Decree of the Government of the Russian Federation of May 15, 2013 No. 416 “On the procedure for carrying out activities for the management of apartment buildings” (hereinafter referred to as Procedure No. 416) and a certain strange shadow of Standard No. 731, which is referred to by the said resolution in subparagraph. "z" clause 4.

Now this seems absurd, since Order No. 416 contains Section VIII. “The procedure for disclosing information by a management organization, partnership or cooperative.”

Let us pay attention to the following circumstances:

• The Housing Code of the Russian Federation determines that information is disclosed in the GIS Housing and Communal Services and (this is important in our topic) does not say anything

  about “their websites” of management organizations, homeowners’ associations and cooperatives;

• Order No. 416 requires the disclosure of information on all kinds of stands and information boards, and about the websites (of management organizations, HOAs and cooperatives) it clearly says: “in the presence of

  ».

At first glance, one gets the impression that information should be disclosed electronically only

in the GIS Housing and Communal Services, and on their own websites - optionally (“if available”).
In other words, management organizations, homeowners associations and cooperatives are not required
to have their own website. (In fact, most management organizations have “their own websites,” but most homeowners’ associations and cooperatives do not.)

What about Standard No. 731? Decree of the Government of the Russian Federation of July 29, 2021 No. 1136 “On the recognition as invalid of certain acts and certain provisions of certain acts of the Government of the Russian Federation, on the repeal of certain regulatory legal acts of federal executive bodies containing mandatory requirements, compliance with which is assessed during control measures when exercising state control (supervision) in the areas of heat supply, energy efficiency, construction and housing and communal services” in clause 1 of Appendix No. 1 indicates Standard No. 731 among the normative and legal acts that have lost force. The said resolution itself will come into force on 01/01/2021. In fact, we have to live for another four months with the virtually dead Standard No. 731. After all, there is nothing significant left in it. Everything that needed to be posted/disclosed on Reform Housing and Communal Services went to the Housing and Communal Services GIS.

And it was here that a new, but well-known player suddenly appeared on the wide-open (and watered with tears) field of information disclosure - Rules No. 354.

Part 2. Rules No. 354. Shove in the unshoveable

To be fair, we note that the phrase “disclosure of information” is not in Rules No. 354. It only says that “the contractor provides the consumer with ... information.” True, it may be cheaper to be fined for failure to provide information than for non-disclosure (non-posting), but this is a separate issue.

By the way, Yu. V. Kochetkov drew attention to the fact that Rule No. 354 imposes serious information obligations on management organizations, homeowners' associations and cooperatives at one of the webinars, but this went unnoticed by the participants.

Let's carefully study clause 31 of Rules No. 354. We are interested in:

1) subparagraph h(1)

, which requires “to notify... by posting on the official website of the contractor and on information stands (stands)...
OR
by indicating at least once a quarter in payment documents” a huge amount of information;

(Resolution of the Government of the Russian Federation dated June 29, 2020 No. 950 increased

.
Subclause h(1) has existed for more than three years, we have somehow gotten used to it. Please note that sub. z(1) did not oblige management organizations, homeowners associations and cooperatives to have their own website
, since it left the possibility of an alternative “notification”: by “indicating in payment documents.”

2) subparagraph "p"

which deserves to be quoted in full:

“p) provide to the consumer (by specifying in the contract containing provisions for the provision of utility services, as well as posting on notice boards located in all entrances of an apartment building or within the land plot on which the apartment building (a residential building or a complex of residential buildings) is located) , in the state information system of housing and communal services, on the contractor’s website on the Internet, as well as on bulletin boards located on the contractor’s premises in a place accessible to all consumers, and in the cases provided for in paragraph 17 of these Rules - by posting in the state information system of housing and communal services, on the contractor’s website on the Internet, as well as on bulletin boards located on the premises of the resource supplying organization in a place accessible to all consumers) the following information:

• information about the performer - name, location (address of its permanent executive body), information on state registration, operating hours, address of the performer’s website on the Internet, as well as addresses of Internet sites where the performer is in cases provided for by the legislation of the Russian Federation , is obliged to post information about the performer, last name, first name and patronymic of the manager;
• addresses and telephone numbers of the control room, emergency dispatch service of the contractor or the person specified in paragraph 31(1) of these Rules;
• the size of tariffs (prices) for utility resources, tariff surcharges and details of the regulatory legal acts by which they are established;
• information about the right of consumers to apply for the installation of metering devices to an organization that, in accordance with the Federal Law “On Energy Saving and Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation,” does not have the right to refuse the consumer installation of a metering device and is obliged to provide installments in payment for services for installing a metering device, as well as information about such an organization, including its name, location and contact numbers;
• the procedure and form of payment for utility services, information about the consequences of late and (or) incomplete payment of utility bills, the absence of a metering device, unauthorized interference in the operation of the metering device, as well as the non-admission of the contractor to the premises to check the condition of the metering devices and the accuracy of the transmitted information about the readings such metering devices, as well as non-admission of the guaranteeing supplier (grid organization in relation to residential buildings (households) for installation, commissioning, verification, maintenance and connection to the intelligent electric energy (power) metering system of an electric energy meter located in such a room , in the cases provided for in Section VII of these Rules;
• indicators of the quality of public services, deadlines for eliminating accidents and other violations of the procedure for providing public services, established by the legislation of the Russian Federation, including these Rules, as well as information about these Rules;
• information on the maximum permissible power of devices, equipment and household machines that a consumer can use to meet household needs;
• names, addresses and telephone numbers of executive authorities (their territorial bodies and divisions) authorized to monitor compliance with these Rules;
• if a decision is made in a constituent entity of the Russian Federation to establish a social norm for the consumption of electrical energy (power):
• information on the value of the established social norm for the consumption of electrical energy (power) for groups of households and types of residential premises provided for by the Regulations on the establishment and application of the social norm for the consumption of electrical energy (power), for consumers receiving old-age and (or) disability pensions, for consumers living in residential premises classified as emergency housing stock or housing stock with a degree of wear and tear of 70 percent or more, as well as the conditions for the application of such a social norm by these consumers and the cases of non-application of such a social norm;
• information about the consumer’s obligation to inform the utility service provider about changes in the number of registered citizens in the residential premises;
• information on tariffs for electrical energy (power) established for the population and equivalent categories of consumers within and above the social norm for consumption of electrical energy (power);
• information about the need for the owner of non-residential premises in an apartment building to conclude a resource supply agreement in writing with a resource supply organization, as well as about the consequences of the absence of such an agreement within the specified time frame.”

If we extremely simplify the text of the first paragraph, it turns out that information should be provided to the consumer: in the management agreement (1), as well as on boards in all entrances (2) or in the local area (3), in the GIS Housing and Communal Services (4), on the website performer (5), as well as on boards in the office (6).

Note; When listing the required places (methods) of placement, commas and conjunctions “as well” are used. According to the rules of the Russian language, this cannot be interpreted otherwise than as a requirement to post information in all

listed places.

In this cunning way, Rule No. 354 introduced the requirement to have a website for management organizations, homeowners' associations and cooperatives, if

they are the executors of public services.

A remark aside: are there many management organizations, homeowners' associations and cooperatives in the country that are completely

“outsourced” public services (including MSW management) to “direct” contracts?

As for placing the prescribed amount of information on boards/stands in some human-readable form, even with a very developed imagination and small print, it is impossible to imagine several dozen pages of “brought to the attention.” You will need a very long hall in the office and the entire playground to place waste paper there and sometimes update it.

Let us note that the requirements for the obligatory website of the provider of public services were included in Rules No. 354 a year ago (by Decree of the Government of the Russian Federation No. 897 of July 13, 2019), but went almost unnoticed. But it was in them that, like a jack-in-the-box, the “performer’s website” appeared as an information grave of information.

By Decree of the Government of the Russian Federation dated June 29, 2020 No. 950, the list of information has expanded, but the requirements for the methods and places of its placement have not changed.

Let's summarize some results? What we have today:

• GIS housing and communal services (where can we go?);
• Order No. 416 (websites for management organizations, homeowners' associations and cooperatives are optional);
• Standard No. 731 (has already officially died - the inglorious end of the regulatory guillotine);
• Rules No. 354 (websites for management organizations, homeowners' associations and cooperatives are required if these organizations provide at least one public utility service).

Praemonitus praemunitus, as the proud ancestors of the Italians said. He who is forewarned is forearmed.

What information needs to be disclosed

The Standard strictly defines the types of information that each management company must post about itself and the houses under management. These include:

• general information about the organization, including name, address (link to the website of the management company), legal form, annual financial statements and balance sheet with appendices thereto. You also need to reflect income and expenses in your line of business;
• a list of houses under management, indicating the address and attaching the contract. Here it is important to list the houses with which management contracts were terminated in the previous year, and indicate their addresses and grounds for termination;
• general information about managed houses. Here it is necessary to list all the characteristics of the house, including its address, year, series and type of construction, cadastral number, design and technical features, level of improvement, number of floors, apartments, condition of engineering and sewer systems, area of ​​residential and non-residential premises, as well as land plot , included in the general property of the apartment building;
• information about the work performed and services provided (indicating their cost), which relate to the maintenance and ongoing repairs of the common property of the apartment building;
• information about utilities and their suppliers, tariffs and consumption standards;
• information on the use of common property of the apartment building;
• information about major repairs of the common property of the apartment building. It should be noted here that this information is disclosed by the management company if it is selected as the executor of major repairs by decision of the general meeting of residents of the house on the basis of a management agreement . If a regional operator is involved in carrying out and collecting for major repairs and the funds are deposited in his account, then the management company does not publish any information;
• data on general meetings of residents of the building with the posting of the results of their voting, the results of decisions and minutes of the OSS ;
• annual report of the management company on the fulfillment of its obligations under the management agreement;
• data on cases where a management company or official has been subject to oral reprimands, written orders, fines or disqualification for violations of licensing requirements in the field of management of apartment buildings (if any). Copies of documents on the application of administrative measures must also be attached here. It is also important to indicate what measures were taken by the management company itself to eliminate these violations.

LIST OF HOUSES IN MANAGEMENT

At the moment, CJSC RSF "Remstroyservice" manages 63 houses.

In 2021, management contracts for apartment buildings were not terminated.

Register of apartment buildings managed by CJSC RSF "Remstroyservice" on the basis of a management agreement

Where should information on the Standard be posted?

Mandatory sources are also defined for this:

• official website of Housing and Communal Services Reform
• management company website
• information stand at the company office

Information that is posted in all these sources according to disclosure forms approved by the Ministry of Construction must be accessible and stored for 5 years. For the older generation, who do not know how to use interactive resources, printed forms are provided on information stands in the company’s office.

The management company must publish its annual report annually in the first quarter following the previous reporting period. That is, by March 31, 2021, you already have to submit your annual report for 2015. You can read more about this in the first and second parts of the series of articles devoted to this topic.

If any changes have occurred in the activities of the management company, they must be reflected on official websites on the Internet within 7 working days from the date of the change and on information stands - within 10 working days. If a new house has been transferred to the management of the management company, then the organization must, within 30 days from the date of conclusion of the management agreement, reflect this information in all sources required by law.

Legal requirements

What is the responsibility of the HOA to the owners, what information is it obliged to disclose?

Until relatively recently, the management of homeowners' associations did not even think about this issue.

But in 2010, Decree of the Government of the Russian Federation No. 731 came into force, clearly describing which secrets the HOA is obliged to share, and which, so be it, it can keep to itself. Failure to comply threatens the legal entity with serious sanctions - a fine.

Anyone interested in disclosing information to HOAs and housing cooperatives can be any person related or not related to the given house and specifically to the association of owners. That is, it turns out that information - that which concerns activities and prices - must be transparent and accessible to everyone (Article 161 of the Housing Code of the Russian Federation).

First of all, those citizens who live in the house, which is managed by the partnership, should take an active interest in this and promptly request reports from them on their activities.

The fact is that if the question of bankruptcy of the partnership suddenly arises and it is revealed that the official reason was the systematic failure of residents to pay utility bills (and the real reason is not difficult to guess what exactly), then the residents may have to pay the bills twice.

And thus, the law can hit not only the thieving leadership, which is logical, but also unsuspecting citizens.

Find out about the procedure for holding a general meeting of owners, as well as the features of absentee voting, from our articles.

How to respond to public inquiries

Citizens can send written requests by mail or email to their property management company to obtain information about its activities or their home. The management company, in turn, must respond to these requests from citizens within 10 working days from the date of receipt of the request. All requests received by regular mail or email are stored by the Management Company for 5 years.

In the electronic response, the management company must duplicate the text of the request itself, as well as provide the requested information. Be sure to indicate the name and position of the management company employee who responded to the request.

If the request was received by regular mail, then it must be registered on the day it was received, assigned a registration number and stamped by the Criminal Code. The written response must include the same information as provided electronically.

A citizen who sends you a written request must indicate the name of your management company, his full name, postal address, state the essence of his request, and also indicate the desired method of receiving a response: by mail or hand-delivered.

General information about the management company

Name of company

Full official: Closed Joint Stock Company Repair and Construction

Abbreviated form: CJSC RSF "Remstroyservice"

CEO

Belyaeva Lyudmila Vasilievna

Address (legal, actual and postal)

129110, Moscow, Orlovo-Davydovsky lane, 2/5, building 3

Operation site office: 129110, Moscow, Shchepkina st., 60/2 building 2

Bank details

Corr./account 30101810400000000225 at Sberbank of Russia OJSC

BIC 044525225

TIN 7702019661

Gearbox 770201001

Calc. account 40702810538090104977

Details of the certificate of state registration of a legal entity

CJSC RSF "Remstroyservis" was registered by the State Institution of the Moscow Registration Chamber on 08/01/1994 No. 032967 with the main state registration number 1037739025906 date of entry 01/08/2003 by the Interdistrict Inspectorate of the Ministry of Taxes of Russia No. 39 for Moscow

Responsibility

By law, management companies must provide, upon request, the owners of premises in the apartment building, the address of the official website on the Internet on which the information is posted. If the management company refuses to provide information at the request of apartment building residents, this can be appealed in court.

If you have fully disclosed information in all sources required by law, then when you receive a request orally, by mail or by email, you can simply indicate in your response the address where you can get all the information. This could be the address of your website on the Internet. (read our article about how to create your own website)

Management companies that do not comply with the Disclosure Standard will be fined under Articles 7.23.3. and 14.1.3. Code of Administrative Offenses of the Russian Federation in the amount of 50 to 500 thousand rubles. Gross or repeated violations of licensing requirements are subject to disqualification for a period of 6 months to 3 years (details in our article).

If you have any difficulties with posting information on the Housing and Communal Services Reform or GIS Housing and Communal Services websites, if you do not yet have your own website, please contact us for help. We are always happy to help solve your problem!

Cost of works and services

The cost of services and work of the manager is determined by:

Order No. 352-TR dated December 17, 2020 “On adjustments to established long-term tariffs for thermal energy (power) and thermal energy transmission services for the public joint stock company “Moscow United Energy Company” for 2021-2023”

Order No. 353-TR dated December 17, 2020 “On adjustment of established long-term tariffs for hot water (hot water supply) supplied by the public joint stock company “Moscow United Energy Company” to consumers using a closed hot water supply system, for 2021-2023”

Order of the Department of Economic Policy and Development of the City of Moscow dated December 17, 2020 No. 358-TR “On adjusting the established long-term tariffs for drinking water (drinking water supply), process water and wastewater disposal for the Mosvodokanal joint-stock company for 2021 - 2023”

No. 2065-PP dated November 25, 2020 “On amendments to the Moscow Government Resolution No. 848-PP dated December 13, 2021”

Prices for maintenance and repair of residential premises in Moscow in 2021

From January 01, 2021

Tariffs for cold water and wastewater disposal for the population of Moscow

Hot water tariffs for the population of Moscow

Tariffs for thermal energy (heating) for the population of Moscow

Lawsuit

It is drawn up in the first person in the number of copies based on the number of participants in the analysis and must contain :

• full name of the court site;
• from whom, passport information, registration;
• On the basis of what document do you own the apartment (for example, a gift agreement, indicate the number)
• name of the management organization;
• requirement to recognize the actions of the residents' association as illegal;
• links to current legislation;
• links to claim material;
• list of attached papers;
• date, signatures.