Housing and communal services debt collection: the stage of preparing a package of documents for going to court

• Complaint to the management company: the essence of the document
• What should be included in a claim statement for a management company?
• Complaint to the management company: features of the document
• Grounds for a claim for poor-quality provision of housing and communal services
• When can fees for low-quality housing and communal services be reduced?
• Improper provision of public services: rules for signing

A claim to the Management Company for poor-quality provision of housing and communal services is formed based on its purpose: to recalculate for poor-quality services, to achieve the completion of work, or to prepare the basis for termination of the management contract.

How to prepare documents for application

If the debt belongs to an individual, it is necessary to file a claim in a magistrate’s court or a court of general jurisdiction, in other words, a district court. If the debtor is an organization, you should apply to the arbitration court.

The activities of arbitration courts are based on uniformity. If a court decision was made in one of the subjects of the Russian Federation, which contains conditions/circumstances suitable for this process, you can refer to it, including on the condition that the decision was made in another subject of the federation. When considering a case and making a decision, arbitration courts are based on judicial arbitration practice.

The BIT.Debt Management program solves the problems of effective management of electronic documentation with the ability to create any documents based on templates with automatic calculation of state duty.

Document templates loaded into the program:

• Pre-trial claim
• Statement of claim
• Application for a court order
• Application for replacement of a party
• Application for initiation of enforcement proceedings

Review and submit claims to the performers on the day they are received by the MA

All incoming claims after registration must be sent to the manager’s desk. It’s easier if the management organization has electronic document management: in this case, letters are scanned and sent to an official for review.

All claims and complaints must be submitted to the manager on the day they are received, if this occurs during working hours. As a last resort - in the morning of the next day, if, for example, the email arrived at the UO mailbox late in the evening.

The manager is required to devote time to reviewing and scheduling customer complaints once a day. This way, he will be aware of what and/or who customers are complaining about, and will be able to send the consumer letter to work as soon as possible.

7 tips for management authorities on creating regulations for working with documents
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A package of documents in the magistrate's court and the court of general jurisdiction

To submit an application to a court of general jurisdiction/magistrates' court, a claim must be filed. It is compiled according to the number of defendants, another separate copy is for the court. The list of mandatory components includes calculating the amount of debt. If a penalty is charged, detailed calculation information will also be needed. A description of the amount owed is attached on a separate sheet.

You will also need a copy of the minutes of the general meeting of owners on the selection of a management company or a copy of the minutes on the selection of the chairman of the board. Instead of these documents, the claim may be accompanied by an extract from the minutes of the general meeting, the required details:

• the name of the document is “Extract from the minutes of the general meeting”;
• name of the homeowners association or housing construction cooperative;
• questions regarding the choice of management organization.

The extract is issued for a specific date. It is endorsed as follows: “The extract was compiled as of....., the extract is correct.” The document is signed by the chairman of the board or general director of the management company. An extract from the minutes of the board of directors is prepared in a similar manner. The claim is filed by the organization, therefore the following documents are attached to the claim:

• a copy of the certificate of the main state registration number;
• an identification number;
• payment order for payment of state duty.

The program implements a mechanism for batch sending of documents, which will not allow you to send a batch of documents if any of the documents are not attached.

Improper provision of public services: rules for signing

The claim is signed only by the owners or tenants, or their representatives by power of attorney, which should preferably be certified by a notary.

The attached Act in accordance with Section X of Rules No. 354 must be signed by representatives of the emergency service, the utility service provider, the Management Organization, and if they avoid signing, by two interested parties (neighbors, members of the house council or the chairman).

REFERENCE. If the claim reflects work (services) not performed due to an accident, recalculation will be legally refused (clause 14 of Rules No. 491).

You can file a Claim with the Management Company for poor quality provision of housing and communal services yourself by studying the specified provisions of the law. You can use standard forms, filling out samples, or, which is much more reliable, contact specialists.

Documents to the arbitration court

The requirements for applying to an arbitration court are more serious. The package of documents must include a claim with a copy of the receipt for delivery to the defendant. Or a signature will be required to confirm receipt of the notification. The arbitration court is provided with a receipt confirming the preliminary sending of the claim to the defendant. In magistrates' courts, judges themselves send claims to defendants.

Additional documents are attached to the application in the form of an extract from the unified state register of legal entities - for the defendant and the plaintiff. Another mandatory document is copies of contracts, which can be submitted immediately with the application or during further consideration of the case. In the arbitration court, cases are considered quickly and even in the absence of the parties. Therefore, when filing a claim, the preparation of a package of documents must be approached with particular seriousness. The plaintiff can supplement the minimum list with other documents that he considers necessary - an agreement for the maintenance of property, an agreement with resource supply companies.

The debt is calculated in a separate document - broken down by the amount of debt and penalties. The amount of debt can be indicated total or by month; information about accrual and payment is entered into the table. There is no uniform filling standard.

According to the owners, it is unlawful to indicate the total amount of debt. For details, you can make copies of payment receipts for the entire debt period, which indicate the following details:

• name of utilities;
• rates;
• amounts billed to owners;
• if available, meter readings.

The document also contains information regarding the maintenance and repair of common property.

Copies of receipts are attached as additions to the document with calculations of the total amount of debt. The plaintiff can sew them together and sign them in the upper corner as “Appendix No. to the calculation of debt from the date ..”. But this is not a mandatory requirement. The document must reflect the period of debt and the date on which the penalty is calculated. The amount of the penalty is constantly increasing, as it is calculated based on the number of days of delay. If the amount of the penalty increases, then formally the amount of the subject of the claim also increases. Accordingly, it is necessary to increase this amount each time by filing an application to change the claims and pay an additional state fee. And this may serve as a reason for the defendant to file a motion to postpone consideration of the application until the requirements presented are reviewed.

What should be included in a claim statement for a management company?

A claim drawn up for a fee recalculation must include:

• name (description) of the poorly provided service;
• date (period) of the quality violation;
• request for recalculation;
• act recording the fact of violation (attachment to the claim).

ATTENTION! The requirement for recalculation without drawing up an act of recording the violation will not be satisfied (clause 15 of Rules No. 491).

If it is necessary to force the work to be completed or to terminate the management contract, the same information is indicated in the claim, with the exception of an act that is desirable, but not required, to be drawn up.

Procedure for filing a claim

In arbitration and magistrate courts, as well as courts of general jurisdiction, the algorithm of actions will be different. The process of applying to courts of general jurisdiction and magistrates' courts includes several simple steps:

• filing a claim;
• preparation of documents;
• payment of state duty;
• submitting an application.

As mentioned above, the claim is drawn up according to the number of defendants, and another copy is prepared for the court. If the plaintiff submits documents to the court on his own, he needs to prepare an additional copy, which will have a stamp on acceptance of the claim or a covering letter. If documents are sent by valuable mail with a list of attachments, an additional copy is not required.

What are the ways to file a claim?

In some cases, the claim procedure for resolving a dispute is mandatory, and if it is not followed, the court will refuse to consider the claim.
Read about when the pre-trial (claim) procedure for resolving disputes is mandatory in ConsultantPlus. If you don't have access to the system yet, sign up for a free trial online.

There are several ways to file a claim - they all have the same legal consequences: if the recipient refuses to fulfill the requirements set out in it, the court will consider that the pre-trial procedure for resolving the dispute has been followed and will accept the claim for consideration.

You can submit a claim:

• by mail;
• personally to the other party to the conflict;
• through the Internet.

We will tell you in more detail about each of the listed methods of submitting a document.

Procedure for filing a claim

To file a claim in arbitration court, the claim is initially sent to the defendant. Upon expiration of the debt repayment period:

• a claim is filed;
• all documents are prepared;
• state duty is paid;
• the plaintiff sends a statement of claim to the defendant with a package of documents;
• then the plaintiff attaches a receipt to the statement of claim for delivery to the defendant and submits documents to the court.

The statement of claim is also submitted to the arbitration court by the number of parties, third parties are taken into account. All copies are certified with the inscription “Copy is correct. Chairman full name." Certified by the seal and signature of the chairman/general director of the management company. At their discretion, district and arbitration courts may request original documents.

Filing a claim online

First, let's determine whether it is possible to send a claim by email? Yes, you can.

IMPORTANT! When sending documents, make sure that the address to which you are sending them actually belongs to the company you are applying to. This can be confirmed by business cards, advertising banners, a website on the Internet - in general, any publicly available material distributed on behalf of the company.

To send you will need:

• prepare the text of the claim in electronic form;
• move it to the message window or attach a text document to the letter;
• send a letter to the addressee;
• save (or better yet, print) a copy of the letter from the “Sent” folder; It is important that the date of dispatch is visible on the printout - the period allotted for consideration of the claim will be counted from it.

You can also submit a claim through the company’s website if it has a feedback form. Don’t forget to include your contact information and take a screenshot of the screen with the sent letter - not all sites save the history of requests sent in this way.

Amounts of state duties

The amount of fees for filing claims in courts of general jurisdiction and arbitration courts will differ. The fee for a claim for collection of non-payments in the magistrate's court is set as a percentage. For a statement of a non-property nature, for example, about recognizing the actions of the owner as invalid, the state fee is 4 thousand rubles. For supervisory appeals, the fee is 50% of the initial fee. The amount of the fee to the arbitration court is calculated using a similar scheme, but in this case the amount for monetary claims will be different.

Changes are regularly made to the Tax Code, including changes to the amounts of state duties. In case of incomplete payment of the fee, the judges will leave the claim without progress. If the amount of the fee is large and there are not enough available funds, an application to reduce the amount of the fee is drawn up. But this will require a strong economic justification:

• difficult financial situation;
• a large number of debtors, while the plaintiff company fulfills its obligations to resource supply companies in a timely manner. If there are reconciliation reports, you can attach copies of them and a summary table of the total amount of debt for the object.

The plaintiff may ask to be exempted from paying the fee completely or to reduce the amount of the fee and assign obligations to the defendant.

Results

So, a claim can be submitted in three ways - by mail, in person or online.
Regardless of which of these methods you choose, remember that you must keep a document confirming the fact of filing the claim - an inventory of the letter and a notification of delivery to the addressee, a second copy of the appeal or a printout of the sent letter from the electronic mailbox. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Drawing up a statement of claim

The statement of claim is drawn up based on the specific circumstances of the case. But there are basic characteristics that must be reflected in the document:

• regulations;
• references to normative legal acts and judicial practice of the courts - Supreme, Supreme Arbitration;
• the period for which the debt arose;
• amount of debt and penalties.

Obligations to pay utility bills and payment terms are established for both owners and tenants. The corresponding rule is specified in Article 153 of the LC. Obligations to pay for utilities arise from legal entities and individuals who act as owners, arising from the moment of registration. Many owners, after receiving property as an inheritance, do not contact the Rosresstra Office to obtain a certificate of ownership. It is from the date indicated in this document that payments for utilities should be made.

In the case of construction, the contract states that the owners are responsible for paying for utilities from the moment the object is transferred under the acceptance certificate. If an individual acts as a tenant and the apartment is not privatized, utilities are charged from the moment the rental agreement is signed.

The Housing Code (Articles 110, 138 and 162) states that if a management company, a housing construction company or a homeowners' association is selected for a building, then all payments are made through the management body. Failure to comply with the terms of the agreement does not exempt the owners from paying for utilities, in accordance with Article 162 of the Civil Code, paragraph 5 of part 3 of Article 67 of the Housing Code, paragraph 7 354 of the Government Decree.

If the parties have entered into an agreement, including orally, and there is a fact of using utilities, the absence of payment or payment in full does not indicate a failure to fulfill the terms of the agreement. This provision is confirmed by Article 438, paragraph 1 of Article 540 and 548 of the Civil Code.

To prove the owner’s obligations, the motivation part can be drawn up on the basis of Article 210 of the Civil Code. You can make an additional reference to Article 249 of the Civil Code and to Wasser’s definition of August 14, 2009, according to which all owners undertake to pay payments in proportion to their share.

If there are several owners, the claim must be brought against everyone, regardless of age. Persons under the age of majority have legal representatives. There is one more nuance regarding property that has several owners. Each of them has certain shares. As a rule, the claim is brought for a total amount, the owners are listed as defendants. The debt is collected from persons who have official income.

Article 249, paragraph 1 of the Civil Code of the Russian Federation of the Plenum of the Supreme Court dated July 2, 2009 No. 14 states that the claim must be brought in separate amounts, divided by each owner in accordance with his shares in property rights.

But courts of general jurisdiction have a different opinion. The appeal ruling of the Moscow City Court dated November 20, 2013 states that if the owners do not independently apply to the management body, where they ask to divide the shares and issue receipts, then the amount of the debt is collected jointly and the division into shares is not made.

When drawing up a statement of claim, the plaintiff may be faced with a situation where registered persons live in the apartment without ownership rights. These may be members of the owner's family. In this case, it is mandatory to register for persons who are subject to requirements on the basis of Part 3 of Article 31 of the Housing Code. All categories of persons, including registered ones, without ownership rights, who are members of the owner’s family, living in the apartment, are required to pay for consumed utilities.

In a non-privatized apartment, demands are initially put forward to collect the debt from the tenant; if he does not pay, then to municipal authorities or the state. A similar rule applies to tenants, especially non-residential premises. If the organization that owns a non-residential premises transfers the property under a lease agreement, the tenant often undertakes to pay for utilities. In this case, the tenant must be named as the defendant.

It is important to consider that initially the claim is granted not to the owner, but to the tenant if the apartment is in state municipal ownership. If the premises are leased, then to the tenant, and only then to the owner, the state or the lessor. The statement of claim must be provided to all registered persons and all owners. A separate article on general meetings and limitation periods has been included in the Civil Code.

When can fees for low-quality housing and communal services be reduced?

A claim to the management company about poor-quality provision of housing and communal services can be sent if the services in question are not provided as needed. When drawing up the document, you should be guided by the requirements given in Government Decree No. 354 (clause 1). It is in the document in question that the deviations that are permissible in the provision of one or another service are indicated, as well as the permissible periods of the considered interruptions in the operation of the service. In other situations, improper provision of public services is punishable by law. But you should know the situations in which you can write a complaint to the management company about improper provision of utility services:

• If the water supply is supplied with low pressure;
• If the water is turned off for a period of more than 4 hours at a time and for 8 hours during the month;
• If the gas is turned off for more than 4 hours in a month;
• If the gas pressure drops below 0.0005 Pa;
• If the electricity is turned off for 2 hours or more;
• If the heating system produces pressure below normal by 25% or more;
• If, after turning off the heating, the room temperature drops below +18 degrees.

A complaint to the management company about the failure to provide housing and communal services can also be made due to an accident on the line, but it is only necessary to take into account that in this case, the acceptable time frame for correcting the breakdown can significantly expand the conditions specified above. For example, if an accident occurs on a heating main, hot water can be turned off for a day, and in the event of an emergency at a power plant, the lights can be turned off for 4 hours.

A claim to the management company about poor-quality provision of housing and communal services can be supported by evidence recorded in the following ways:

• By making a video;
• Bringing witnesses;
• By measuring benchmarks.

Given the limited resources, an ordinary person can only measure air temperature and the presence or absence of water. Other indicators must be recorded by emergency services workers. All facts are included in a special act, which becomes the basis for reducing the tariff fee.

General meeting

Chapter 9.1 of the Civil Code specifies the requirements that the minutes of the general meeting must meet. Mandatory document details:

• place of compilation;
• date of the protocol;
• form of the meeting;
• required quorum at the meeting;
• agenda;
• voting results by issue - “for”, “against”, “abstained”;
• information about the persons who carried out the vote count.

If the minutes of the general meeting do not contain the listed information, the general meeting may be cancelled. The Civil Code specifies the reasons for filing an appeal against the minutes of a general meeting, for example, if the owner was not notified of the meeting or voted against it. In this case, he has six months to appeal the protocol. If the owner abstained during voting, then it will not be possible to appeal the decision. If the number of votes of the owner is not reflected in the voting results, the general meeting also cannot be declared invalid.

Appoint someone responsible for reviewing the complaint

The first thing a manager does when receiving a complaint is to determine its character/group. Most often, residents of apartment buildings send several types of claims and complaints to the management organization:

1. Incorrect/illegal calculations and charges for housing and communal services.
2. Quality of service (for example, rudeness of employees, lack of response to calls/applications, incompleteness of the information provided, etc.).
3. Quality of provision of housing and utility services.

Claims can also be of a mixed type: for example, when a consumer complains about errors in calculating fees for housing and communal services, such a complaint can be qualified both as a claim for incorrect charges and as a claim for the quality of service.

Each group of claims must be assigned a responsible person or department who will deal with all complaints of this nature. For example, the head of the customer service/production department may be responsible for the analysis of complaints about the work of employees, the head of the accounting department/economic department may be responsible for complaints about payments, and so on.

The manager, having assigned the claim to a group, assigns it to such employee/head of the department, sending a letter from the consumer to him or passing it through the clerk. The manager also sets a deadline for the client to send a final response, that is, to complete the analysis of the complaint.

If the MA does not have an electronic document flow, which immediately records to whom the complaint was sent for analysis and when, then the clerk enters such data into the log of incoming correspondence. This will allow, if necessary, to track the fulfillment or violation of deadlines for analyzing and responding to the complaint.

Ideally, the first three stages in the algorithm for dealing with complaints from residents of a building should not take more than one working day.

Limitation periods

The general limitation period is 3 years. But you need to take into account Article 200 of the Civil Code, which states that the limitation period begins to run from the moment a claim for payment of the debt is presented, provided that the period is not defined or is determined by the moment of fulfillment of obligations/the moment of demand.

The period is not interrupted if an agreement is signed with the debtor, for example, on repayment of payments and continues after the expiration of the time provided for repayment of the debt - but not more than 10 years.

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How to personally serve a claim

You can submit a claim in person—you don’t have to spend money on a registered letter or time waiting for it to be delivered to the addressee. There is only one drawback - you have to go to the organization yourself.

To personally serve a claim, you will need:

• prepare two copies of the document;
• hand over one copy to a representative of the company to which the claim is being filed;
• on the second copy, receive a mark of delivery - the signature of the person who accepted the document and the date of its transmission.

The second copy of the claim with a mark of receipt in court will be proof that the claim procedure for resolving the dispute was followed.

The main reasons for complaints about the work of housing and communal services

Of course, sometimes residents complain about their housing office without any justification. Some are overly vigilant, some make impossible demands, and for others, life has taught that services from public utilities a priori cannot be provided with high quality.

However, there is a whole list, identified by statistics, of real, justified reasons for contacting a housing maintenance office. Let's get to know him.

The first and main reason is the delivery of low-quality services that do not meet the requirements and wishes of residents. This also includes interruptions in the supply of such services.

When the seasons change, it is very important to properly prepare your home to receive heating services. However, not all housing maintenance offices do this efficiently. Poor preparation of the house for the beginning or end of the heating season is also a basis for a complaint.

Failure to provide residents with a report on how funds were spent on maintaining the house, as well as a complete lack of these reports, and therefore no explanation of what exactly the money people donated was used for.

The meeting of owners of an apartment building is the same body that manages the building and the activities of the housing office, as is the housing inspection. However, many employees of management organizations do not pay due respect to this body and do not appear at meetings at all; moreover, there is a failure to comply with the requirements put forward at these meetings.

Increasing fees for services without good reason and without providing explanations.

Refusal to provide one or more housing and communal services, which, nevertheless, are on the list and must be provided to residents of an apartment building.

Violation of existing requirements that were mentioned in the agreement with the management organization.

This list of claims looks very general, but if you approach it in detail, you can identify the following statistics:

• delayed heat supply;
• interruptions in heat supply;
• lack of lighting in the entrances and in the area in front of the house;
• non-working elevator;
• dangerous elevator;
• blockages inside the garbage chute that appear systematically;
• lack of major repairs;
• lack of cosmetic repairs;
• the condition of common premises, which threatens the danger of their residents.

Watch a short video on how to write a complaint about housing and communal services.

Where not to complain

Often, residents themselves make mistakes by sending an application to the wrong place. As a result, they remain unconsidered.

Please note! There is no need to send complaints to the following authorities:

• to the police - such an appeal will be returned with a note that the citizen has a civil dispute;
• You can't skip authorities. For example, it is not recommended to write a statement to the regional prosecutor's office if an appeal has not yet been sent to the district office. The complaint will be pushed down, resulting in the complainant losing time;
• to the governor's office. Such an appeal would be appropriate only if appeals to the housing inspectorate and the prosecutor's office did not help;
• deputies - the applicant’s complaint will simply be redirected to another body.

There is also no point in complaining to the elder in the house. He does not resolve any issues regarding repairs, but can provide support in drawing up a collective complaint from residents.

Letter of complaint about a defective product

In what cases is it compiled?

A letter of complaint about inadequate quality of goods can be sent to the following addressees:

• to the supplier in case of delivery of goods whose quality does not comply with the contract;
• an organization that sold a product of inadequate quality to the end consumer.

Most of these documents are sent precisely in accordance with consumer protection.

What is the purpose of the claim letter?

In documents of this kind it is always customary to indicate what the sender of the letter expects in relation to the addressee. If we are talking about the inadequate quality of the purchased product, then, depending on the specific situation, the submitter of the letter has a choice that must be stated in the document:

• replace a low-quality product with another similar one, but of adequate quality;
• replace the damaged product with the same one, but of a different brand or article (by agreement, with or without additional payment);
• reduce the price paid for the goods in proportion to the defects;
• correct defects incompatible with the quality of the product free of charge;
• pay for the elimination of defects in the product performed by the consumer or a third party;
• return all money that was paid for the product by returning it to the seller (return costs are borne by the seller).

IMPORTANT! It is necessary to comply with the deadlines for submitting a letter of claim - there are certain time frames for satisfying the requirements.

Additional nuances

In addition to the stated requirement, which is permitted by the Consumer Rights Protection Law, and the usual details. Mandatory for business correspondence, a letter of complaint about a defective product must contain supporting information. They can be in the form of attachments of documents indicating the fact of payment for the goods and non-compliance with quality. They may be:

• copies of checks, receipts;
• technical passport for durable goods (copy);
• a copy of the repair warranty card;
• act on examination of technically complex goods, etc.

To the head of Mirandolina LLC, P.R. Sventkovsky, legal address: 410 620, Saratov, st. Chekhov, 91 from Nastoychenko L.Yu., living at the address: 410 021, Saratov, st. Plyatkina, 26, apt. 60, Tel. 427-06-18

CLAIM

On September 08, 2017, I purchased from your company a black Samsung Galaxy J5 Prime SM-G570F smartphone worth 12,990 rubles (according to a cash receipt). According to the attached warranty card, the smartphone is covered by a 12-month warranty.

According to Art. 4 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the goods transferred to the buyer by the seller must be of proper quality, and by virtue of Art. 10 of the above Law, the seller is obliged to promptly provide the buyer with complete reliable information about the product, which will ensure the opportunity to make the right choice. In accordance with Art. 8 of the Law of the Russian Federation “On the Protection of Consumer Rights” information is provided in Russian. In violation of the above norms, all information about the smartphone was exclusively in a foreign language, which, due to the direct instructions of paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated September 29, 1994. No. 7 “On the practice of courts considering cases on the protection of consumer rights” (as amended on May 11, 2007) can be considered as a lack of necessary information.

Four days later, the phone malfunctioned: after trying to connect to the mobile Internet, a failure occurs, the phone does not make calls, and I have to reboot it.

Based on Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”, clause 27 of the Rules for the Sale of Certain Types of Goods, a buyer who has purchased a product of inadequate quality has the right to file a claim and ask for a refund of the money paid for it, as well as to compensate for all losses caused by the sale of goods of inappropriate quality . The consumer has the right to make the same demands if he was not provided with the necessary information about the product (Article 12 of the Law of the Russian Federation “On the Protection of Consumer Rights”).

In accordance with Art. 22 of the Law, the requirement for the return of money paid for the goods, as well as for compensation for losses caused, must be no later than 10 days from the date of receipt of the letter of claim. For failure to timely satisfy this requirement of Art. 23 of the Law provides for a penalty of 1% of the cost of the goods for each day of delay.

By failing to provide me with the information required by law about the product, by selling a low-quality product, you violated my consumer rights, and therefore I had to seek legal assistance and pay for the service of drawing up this letter of claim in the amount of 500 rubles (supporting document - receipt of Lawyer LLC "from 11/17/2017)

Taking into account the above circumstances, guided by Art. 4, 8, 10, 12, 18, 22 of the Law of the Russian Federation “On the Protection of Consumer Rights”, I refuse to fulfill my obligations under the purchase and sale agreement and demand:

1. No later than 10 days later, return to me the money paid for the product of inadequate quality - Smartphone Samsung Galaxy J5 Prime SM-G570F in the amount of 12,990 rubles.
2. Compensate me for costs (losses) caused by seeking legal assistance in the amount of 500 rubles.

If my legal demand is left unattended, I have the right to file a claim in court, where I will demand compensation not only for material costs, but also for moral damage, as well as a penalty for delay in satisfying the consumer’s legal demand.

November 18, 2017 /Nastoichenko/ L.Yu. Nastoichenko

Contacting the State Housing Inspectorate

If you cannot reach an agreement with the management company, write a statement to the housing inspectorate. This is one of the most important government bodies that can affect the activities of the management company. Sometimes it’s enough just to call the housing inspection, and the issue begins to be resolved.

The administration of the management company tries not to come into conflict with the housing inspection, since if an inspection is organized, the management company will face a fine. In addition, an order will be issued to correct the problems. If the Management Company does not comply with the order, another fine will be imposed.

The powers of the housing inspection include monitoring the activities of management companies and the condition of the housing stock.

Additional Documentation

As additional documentation, you can attach the following documents:

• photo material;
• technical documentation of the house;
• the result of the examination of faults;
• A bill paid by residents to private organizations for troubleshooting.

And now a few words about where you can write a complaint. This could be the housing inspection, Rospotrebnadzor or the prosecutor's office. Also, in some exceptional cases, citizens can file a claim in court.

Protecting your rights as one of the owners of the premises of an apartment building is your direct responsibility. If you believe that you are being treated unfairly, be sure to fight for your interests. Our experts have prepared articles on how to write and submit an electronic complaint against an HOA in the traditional way and via the Internet.