When you leave your apartment at the entrance, do you “admire” the peeling paint on the walls, broken windows, and dirt embedded in the ceiling? Is the condition of the elevator really deplorable? Almost every resident of an apartment building is familiar with a similar picture. Sooner or later you have to think about who is responsible for carrying out cosmetic repairs to the entrances. Of course, you can take the restoration of order into your own hands: organize all the residents, raise funds and bring the entrance to a normal and pleasing state. But it is better to submit an application to the housing and communal services for the repair of the entrance, a sample of which you can find in the housing office or write in any form.
To the manager (full name and name of the housing and communal services department), then from whom (your full name). Statement
I ask you, in accordance with the Housing Code of the Russian Federation, as well as the rules for maintaining property in apartment buildings (approved by the Decree of the Government of the Russian Federation dated May 23, 2006), to recalculate all payments for utility services (be sure to indicate which payments were made). Next, you need to indicate the reason for the recalculation.
How to write an application to a management company
Management companies often refuse to redecorate the entrance. There are a number of reasons for this, sometimes even illegal. There are two ways out of this situation: go to court or resolve the issues yourself. The second option is preferable for both parties, but often does not work.
To force the management company to repair the entrance, you should draw up a statement according to the rules. To do this, you need to reliably describe the desires of the residents of the entrance. Describe the work that the management company is obliged to carry out, and also do not forget to indicate the exact deadlines.
Now all that remains is to certify the paper from the residents and take it to the secretary. Next, the management company should begin making repairs or contact the residents to clarify some points. If the management company refused to fulfill its obligations regarding repairs, then you can safely go to court.
But don’t rush to contact higher authorities. For example, a house needs a porch renovation. If the extension was built by the management company, then no problems will arise. However, if the porch was built unofficially, then the representatives may refuse to repair it, and they will be right.
Samples of applications to the Housing and Communal Services Management Company from residents
In order to persuade the management company to carry out repairs at the entrance faster, you should write the application correctly.
- Now get to the point: “I am so-and-so, I live at the address... I ask you to fulfill your responsibilities for maintaining a residential building, in particular...”. Instead of the last ellipsis, describe the problems with the entrance.
- At the end of the paper, attach photographs confirming what you have written.
- All that remains is to put the date, personal data (full name, address and telephone number), and signature.
The application has been written, and now take the paper to the Criminal Code.
How to write and where to file a complaint about inflated housing and communal services tariffs?
With inflated housing and communal services tariffs, things are somewhat more complicated, since their management company sets them after agreement with local administrative authorities. Copies of meeting documents can be obtained from both the management office and the service organization.
If, based on the results of the meeting, certain limits for raising tariffs are established (or a basic formula for their calculations is indicated), but in fact the prices are higher, then you can complain to:
- management company directorate;
- State Housing Inspectorate;
- Rospotrebnadzor;
- Federal Tariff Service;
- prosecutor's office
The presence of collective complaints is a potential opportunity for a management company to lose its license.
But simply complaining about high prices is a waste of time. Arguments always need to be supported by documents or detailed calculations that, in the opinion of the complainants, were exaggerated in favor of the service company.
Initially, the complaint should be sent specifically to the directorate of the organization. If this does not help in any way, then you can already send an application to the State Housing Inspectorate and the Federal Service for Tariff Issues (possibly at the same time). It is imperative that the complaint be accompanied by a document confirming that previously the same appeal was addressed to the management company itself, but no answers were provided (or the cost of the services provided was not recalculated).
Experts recommend contacting a lawyer to draft it. Competently drafting a complaint is a guarantee that the management company will be obliged to respond to it. Otherwise (if evidence is not provided or it contains a minimum of information), the organization will be able to refuse to consider the application.
Example and sample complaint
The application is drawn up in free form, but it must contain the following information:
- to whom it is addressed;
- who draws up the document;
- the essence of the complaint (indicating the period when the inflated tariffs were in effect);
- evidence (calculation using the provided formula, minutes of the meeting of the administrative commission, order of the Federal Tariff Service);
- date and signature (list of everyone who certifies the document, if the complaint is a collective one).
Here you can download a sample complaint form.
The management company undertakes to provide a response to the complaint within 30 days.
Procedure for filing a complaint
There are two ways to submit a complaint to the Criminal Code. In the first case, you should come to the office in person and hand over the paper to the secretary. He is obliged to note the date and time of acceptance, and also send the paper for further consideration.
You can also send a complaint by mail. To do this, we issue a registered letter at the post office with a valuable inventory, attach an application and give the address of the management company.
It is important to format the letter in this way. This way there is a chance to later prove that the letter was actually sent.
Reference. In both cases, make a copy and keep it for yourself. In the future, a copy will serve as evidence if you decide to sue over repairs that were not made.
At whose expense are cosmetic repairs carried out?
Cosmetic work at the entrance is carried out at the expense of the management company in one case - there is an agreement with the organization, which contains this condition.
If there is no such clause in the paper, then the repairs will have to be done on your own.
Such work is considered planned. They are held once every five years. Repairs are preceded by wear checks.
Unscheduled work is also possible, but to carry it out, residents must organize a general meeting at which a statement is drawn up to the housing office. The request for routine repairs of the housing and communal services entrance must be collective.
Where to complain about the management company
At the moment, the state has created 6 inspectorates to which you can contact with this question:
- HOA;
- housing inspection;
- city administration;
- Rospotrebnadzor;
- prosecutor's office;
- court.
HOA
An HOA is a homeowners' association.
In order to write an application to the management company, you need to personally come to their office or send a registered letter. Write in the letter that the management company refused to carry out repairs. Indicate how many times they contacted the housing office, and how long the management company ignored the letter. Also provide evidence of the deplorable condition of the entrance. The HOA deals with issues related to the residential building. If they determine that the residents are right, they will try to influence the management company. But he doesn't always succeed. In this case, you can go even higher.
Housing inspection
You need to contact the housing inspectorate only after you have been refused by the Criminal Code. Since, first of all, the State Housing Inspectorate will ask about the attempts that were made to influence the Criminal Code. Moreover, GZHI is obliged to conduct inspections independently. Therefore, he does not like complaints from individuals. It is best to request a written refusal from the management company to carry out the work.
Having collected evidence of several fruitless attempts to obtain repairs from the management company, you can safely go to the State Housing Inspectorate. However, they do not accept oral statements. You need to come to their office and, under the supervision of the secretary, write an application to the Criminal Code, attaching all the evidence.
The housing inspection may not respond if the issue is not within its competence or if it has not found any cause for concern.
City administration
A complaint to the city administration must be written similar to an application to the Criminal Code. It is very important to attach evidence of your words, otherwise the paper will simply be thrown away.
To get a response as quickly as possible, you can file a collective complaint. Its difference lies in the fact that in the header you need to list the full names and residential addresses of everyone who decided to fight the Criminal Code. Everyone must also sign below.
A representative from the entrance can take the document to the administration, since if a crowd of dissatisfied people comes, this may cause distrust among the administration, and the matter will slow down. You can also send it by registered mail to the city administration.
It is advisable in the letter to refer to the laws that, in your opinion, the management company violated. However, without proof, you will most likely be ignored.
Rospotrebnadzor
You must go to Rospotrebnadzor in person with the application that you wrote to the Criminal Code for the repair of the entrance. There they will get acquainted with it and ask you to write a complaint against the Criminal Code. Next, Rospotrebnadzor conducts an unscheduled inspection within 14 days. Ultimately, you should be informed of the results and told what to do next. Basically, after this, representatives of the management company meet halfway and begin to make cosmetic repairs.
Prosecutor's office
If the above-described authorities were unable to influence the Criminal Code, then you need to go to the prosecutor’s office. There you will be questioned in detail and asked to provide evidence that the entrance really needs repairs, as well as the management company’s refusal to carry out the work. You should have taken them with you. If you are correct in this situation, then you will be given a form and sample for you to write a statement. You should write carefully and in detail.
What are we complaining about?
Important! Please keep in mind that:
- Each case is unique and individual.
- A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.
To get the most detailed advice on your issue, you just need to choose any of the options offered:
- Use the online chat in the lower corner of the screen.
- Call: Federal number: +7 (800) 511-86-74
Each resident of an apartment building receives a payment once a month from the management company. It contains a column for housing maintenance and repair. What exactly do we pay for?
First you need to understand that the main document by which lawyers can track the relationship between the owners of apartments in the building and the management organization is the contract for managing the building. It is concluded with each of the residents. It must also spell out the requirements, which in turn must be fulfilled by representatives of the management organization. Often such an agreement is not concluded.
No problem. In any case, the responsibilities of the management company are spelled out in Government Decree No. 290. Primary requirements:
The management company must maintain the load-bearing structures of the apartment building in proper condition | Problems with the foundation and walls, stairs and beams may be a reason to write an application for repairs to the entrance to the management company. Yes - because stairs are both an integral part of the house and part of the common property located in the entrance. |
The housing office or any other management company must maintain engineering and technical systems in an apartment building | Problems with heating, hot water, electricity, gas supply - no matter what the managers of management organizations say, they still have to maintain this property using money from residents’ payments |
Other housing maintenance | For the most part, lawyers help draw up an application from residents for entrance repairs, guided by this particular category of mandatory services from the management organization. This includes cleaning the entrance and keeping it in order. Plus – maintenance of the local area and land plot of an apartment building. |
Maintenance
Current repairs of entrances to apartment buildings, in accordance with Resolution No. 290, include:
- Maintaining walls and ceilings in standard condition - painting, whitewashing them
- The railings at the entrance should be maintained similarly.
- Window frames, doors and the elevator must also be in good condition, including painted
- Glazing of windows, plus work to eliminate cracks and gaps between walls and frames
- Maintaining and replacing doors between the entrance and the street
This is ongoing repairs that should be carried out without reminders from residents. There are also repairs at the request of residents in various critical and controversial situations. Let's look at this below.
Premises
Residents often ask questions about the premises in the hallways, which seem to relate to both the common property of the house and the apartments. This:
- Tambours in houses with “Czech” and “hotel” layouts
- Small premises on the ground floor in “Khrushchev” and “Brezhnevka” buildings
- Attic spaces in modern houses
- Technical floors in nine-story buildings built in 1980-2000.
You need to understand that everything that does not belong to the area of the apartment is, accordingly, common property. Therefore, you can safely justify your demands with the Decree of the Government of the Russian Federation if the management company begins to invent excuses for its inaction. And yes, you can also write an application to the Criminal Code for cosmetic repairs of the entrance - it will also be illegal to refuse such requests. Therefore, we feel free to write an application, for example, for cosmetic repairs of the entrance, and indicate the necessary premises. A sample can be viewed on our website below.
Everything that is not included in the area of the apartment is common property.
Entrance canopy
A frequent stumbling block is the canopy over the exit from the entrance. Representatives of the management company sometimes say that they will not maintain it, since it is property outside the home. In fact, in this situation they are wrong:
- They are obliged to repair the entrance canopy as well as the entrance itself and any other property in the apartment building.
- A collapsed canopy in the entrance threatens the health of the residents of the house and their guests, so it is the direct responsibility of the management company to keep it in order.
But - if the canopy is not included in the general plan of the house, but is installed illegally, then the application for repair of the canopy over the entrance may not be satisfied for completely legal reasons. Therefore, be careful in your requirements.
Broken windows
People often ask whether it is correct to write an application for routine repairs of entrances if their windows are broken. On the one hand, representatives of the management organization may state that this is not the general maintenance of the house, since the windows are broken and have not fallen into disrepair for natural reasons. On the other hand, these are not the residents’ problems. Why?
- The management organization must keep the entrances in order, and windows are included in the list of non-load-bearing structures in an apartment building.
- It is the management company that must contact the police regarding broken windows due to hooligan actions of a known or unknown person
- And the management company must civilly recover from the culprit the cost of replacing the windows.
To put it simply, even if the hooligan who broke the windows is known, the management company first repairs the windows, and only then deals with this hooligan. Residents should not be concerned about the problems of the management company when fulfilling the mandatory requirements for maintaining the property of an apartment building.
What does porch renovation include?
The scope of repair work is established by the resolution of the State Committee of the Russian Federation for the residential complex of September 27, 2003.
It also indicates the frequency of repairs to housing and communal services entrances - once every three or five years. The exact frequency depends on the type of building.
Let's consider the composition of cosmetic work:
- painting and whitewashing of walls, ceiling structures;
- eliminating cracks;
- painting the railings;
- glazing works;
- installation of new doors;
- restoration of floor covering;
- restoring mailboxes or installing new ones;
- lamp replacement;
- repair of visors;
- replacement of waste chute elements.
IMPORTANT! This list is standard. If other work is required (for example, removing protruding wires), this is indicated in the collective appeal.
The list of services for major repairs is set out in Article 166 of the Housing Code.
This list includes:
- restoration of the building foundation;
- repair of utilities;
- restoration of the facade, basements.
The list is not exhaustive. Below we will talk about how to correctly write an application to the housing and communal services for the repair of the entrance (a sample is attached below).
How to correctly write a letter to a management company, homeowners association or housing office?
At the legislative level, there is no uniform regulation for writing a pre-trial claim against the management company. However, when preparing it, you must be guided by the following generally accepted rules:
- It is best to type the document on a computer and print it on A4 paper.
- The text of the letter must be written in an official style, clearly and to the point.
- It is unacceptable to use obscene language and insults.
- From the content of the application, the essence of the requirements being put forward should be immediately clear.
- It is recommended to refer to the specific norms of the current legislation, which stipulate the responsibilities of the management company (homeowners association, housing office, etc.) for the maintenance of the common property of the apartment building.
- Documentary evidence of the legality of the demands put forward by the residents of the house (entrance inspection report, photos and videos) should be attached to the letter.
- The application should be prepared in 2 copies. One will remain with the management company, and the other with the applicant with a mark of delivery to the addressee.
Contents of the document
As mentioned above, the application for repairs is drawn up in any form. However, its content should still include the following blocks of information:
- The “header” of the document - it indicates the details of both parties, namely: the name of the organization providing services for managing apartment buildings, the name of its director, as well as personal information about the applicant (full name, address, telephone). If the claim is collective, then it is written - “Residents of house No. .....” (the exact location of the residential building is indicated).
- The introductory part - here again the applicant’s full name and address of his apartment are duplicated, it is indicated that he is a consumer of services under an agreement concluded with the management company, and it is also stated that, according to the current legislation, it is obliged to maintain the common property of the apartment owners in proper condition that meets safety requirements , sanitary and epidemiological rules and other standards.
In addition, in this section it would not be amiss to mention that the applicant fully fulfills its obligations under the apartment management agreement, making all payments in good faith. - Specific requirements - apartment owners can ask the management company to answer when exactly the last time repair work was carried out at the entrance. In this case, you can express a request to voluntarily eliminate the violations committed (in the event that the governing body does not carry out restoration work within the time limits specified in the law).
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
8 (800) 350-14-90
According to clause 3.2.9 of the Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170, repairs in the entrance of a residential building must be carried out once every 5 or 3 years. In this case, the frequency of restoration work is determined based on the category in which the building belongs and the degree of its wear and tear.
Sample applications to the management company (housing and communal services) from residents
In the table below, you can download the appropriate application, complaint and claim forms from your utility company.
Type of complaints | Samples of statements, complaints, claims to the management company |
Entrance renovation: | about a roof leak; |
a complaint that the porch in front of the entrance is in disrepair; | |
complaints about chips, cracks in the house, destruction of plaster; | |
to repair the entrance to an apartment building; | |
for insulation of external walls and interpanel seams; | |
to repair the railings at the entrance; | |
about a broken window in the entrance; | |
complaint about a malfunction of the elevator; | |
complaint about the lack of lighting in the entrance vestibule; | |
to replace the electric meter; | |
about a wall leak. | |
about flooding of the apartment. | |
flood report... | |
Compensation: | for compensation for damage after flooding. |
Sewage and heating: | to replace risers; |
for sewerage repairs; | |
sample complaint: hot water temperature does not correspond to standard; | |
sample application for low water pressure. | |
Garbage: | sample application for a clogged garbage chute; |
do not sweep up trash in the yard; | |
complaint about unsanitary conditions and littering; | |
complaint about a musty smell in the entrance and poor ventilation. | |
Payments, recalculations: | collective application to the management company; |
to obtain an agreement with the management company; | |
on recalculation for utilities in the absence of a tenant in the residential premises; | |
complaint about the inaction of the service organization; | |
complaint to the Federal Antimonopoly Service; | |
for advertising in the house; | |
about a change of management company; | |
about providing information. |
Action plan for emergency repair units of housing and communal services
If an emergency condition of the entrance is detected, a complaint should also be filed. After this, the evaluation commission is obliged to conduct an inspection. Based on its results, emergency repair work is carried out.
REFERENCE: The activities of the departments are controlled by the regional State Housing Inspectorate. Their readiness to eliminate emergency faults and technical equipment are checked.
It is possible and necessary to influence management companies. This is done through written requests. Typically, the situation is resolved at the stage of submitting an application to the head of the management company. If the organization does not respond to complaints, it is better to change it.
Alternative option
If the management company is in no hurry to act, and the entrance needs urgent repairs, you can do it at your own expense. It is extremely important to keep all receipts for the purchase of repair materials.
After the work is completed, these checks are submitted to the management company with a claim for reimbursement of costs. If the company refuses to pay, the owners have every legal basis to go to court. You can recover from the company not only the costs of the residents, but also compensation for moral damage.
Terms of consideration
Depending on the subject of the appeal, the legislation establishes different deadlines for the Criminal Code to make a decision on the application.
These deadlines can be found in Government Decree No. 354. If these deadlines are violated, you can complain to higher authorities. Applications are considered immediately or within 24 hours (clause 31 of the RF PP No. 354):
- on recalculation of utility bills;
- on obtaining readings from public meters;
- about violation of the quality of provision of public services;
- on drawing up a report on the damage caused;
- requests for information about the organization.
Within 2 working days, an application to change the amount of payment for the maintenance of residential premises is considered when providing services and performing work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration (clauses 8, 9 of the PP RF No. 491).
Within 3 working days (clause 31 of RF PP No. 354):
- application for information on the volume of consumed utilities;
- application for putting an individual metering device into operation;
- request to receive a copy of the acts drawn up in relation to the applicant.
Within 5 working days (clause 91 of the RF PP No. 354), the application is considered:
- on recalculation of the amount of payment for utility services during the period of temporary absence of the consumer;
- on providing information on the list and frequency of work and services.
Within 10 working days (clause 31 of RF PP No. 354, clause 36 RF PP No. 416):
- application for verification of the condition of individual, common (apartment) metering devices, distributors;
- requests for other information.
Within 30 calendar days the following will be considered:
- individual or collective request (appeal) of persons who are not the owners or users of premises in the apartment building.