Samples of applications to housing and communal services and methods of submitting them

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Housing and communal services functions

Remember! The following main functions of housing and communal services can be distinguished:

carrying out inspections of residential premises, preparing design estimates;
carrying out repair and construction work aimed at replacing, restoring and replacing elements of residential buildings (with the exception of complete replacement of load-bearing elements, elements made of concrete and stone);
carrying out the modernization of construction projects in the event of their major repairs (carrying out redevelopment, reorganizing kitchen rooms, sanitary facilities, expanding residential premises through the use of auxiliary premises), replacing stove heating with central heating with the installation of boiler rooms, heat supply and other points, heat supply sources, carrying out re-equipment of stoves burning gas and coal, organization of installation of cold and hot water supply equipment, replacement of central heating, water supply, installation of electric stoves used in everyday life or kitchen hearths, installation of elevators, garbage disposal systems, conversion of the existing power supply system to higher voltage , carrying out repairs to antennas that are used collectively, connecting apartments to telephone networks and radio broadcast networks, implementing procedures for installing intercoms, locks with an electronic system, fire protection system and smoke removal systems, carrying out activities aimed at automating and dispatching elevators, heating and boiler networks , landscaping of courtyard areas (paving, landscaping, installing wood sheds, improving utility and amenity areas related to an apartment building, repairing roofs, facades of houses, buildings up to 50%;
organization of insulation of buildings with residential status (carrying out work aimed at improving the heat-insulating properties of enclosing structures, organizing external vestibules;
replacement of utility networks;
organizing the installation of heat energy consumption meters for types of water supply, organizing the installation of apartment meters for the use of cold and hot water supply;
reconstruction of combined roofs;
carrying out supervision of design organizations in the process of carrying out major repairs of buildings, which concerns the replacement of floors and redevelopment;
carrying out technical supervision in cases where such organizations include bodies supervising the implementation of the overhaul process;
organization of repairs of premises built into buildings.

Financial support is provided by the owners. The list of obligations is subject to determination by the general meeting.

What questions are addressed?

Currently, one can find many reasons why the owner of a home located in an apartment building receives the right to contact a management company.

Remember! The following grounds are identified for filing a complaint about poor quality services:

violation of the housing and communal services provisions provided for in the agreement concluded with residents, as well as the provisions contained in the Housing Code of the Russian Federation;
illegal increase in service tariffs;
identification of violations in the process of holding a general meeting of residents or failure to organize a meeting if there are grounds for holding it;
provision of services that do not meet the quality (for example, lack of cleaning services for entrances, lack of heating during cold periods), or failure to provide services that are provided for in an agreement concluded with the management company;
systematic violation of the terms of provision of services (the procedure for provision is regulated by Article 162 of the Housing Code of the Russian Federation);
implementation by the Criminal Code of actions that violate the provisions of laws or Decrees of the Government of the Russian Federation;
damage to homeowners as a result of negligence in the performance of their duties by the management company (for example, damage due to the inaction of management company employees in the event of a pipe break).

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

How to make a management company work efficiently?

Since May 1, 2015, management companies have received licenses to manage apartment buildings. After this date, business activities related to the management of apartment buildings are prohibited without a license.

Obtaining a license is not required for homeowners' associations, housing cooperatives or other specialized consumer cooperatives.

Owners of premises can veto decisions of the state housing supervision body to deprive the management organization of the right to carry out activities to manage this apartment building. In the event of such a decision by the owners, the management company retains the right to manage such an apartment building.

You can find out which company is behind the maintenance of your home and whether it is included in the register if you follow the My manager link, select your region and enter the address of your home.

The license of a management company may be revoked in the following cases:

For violation of the rules for carrying out entrepreneurial activities in the management of apartment buildings (Article 7.23.3 of the Code of Administrative Offenses of the Russian Federation).
For carrying out entrepreneurial activities in the management of apartment buildings without a license (Article 14.1.3 of the Code of Administrative Offenses of the Russian Federation).
For violation by the licensing commission of a constituent entity of the Russian Federation of the requirements of the legislation on licensing business activities for the management of apartment buildings (Article 19.6.2 of the Code of Administrative Offenses of the Russian Federation).

If you believe that your rights and legitimate interests have been violated by adopted acts or decisions of state authorities, local government bodies, or officials, you, in accordance with the Federal Law of January 17, 1992 No. 2202-1 “On the Prosecutor’s Office of the Russian Federation,” have the right to apply to the prosecutor's office at your place of residence with a statement, complaint and other appeal containing information about violation of laws, or to go to court with a complaint against the actions, decisions of authorities or officials who, in your opinion, violated your rights and freedoms on the basis of the Law of the Russian Federation dated 04/27/1993 No. 4866-1 “On appealing to court actions and decisions that violate the rights and freedoms of citizens”, as well as Chapter 25 of the Civil Procedure Code of the Russian Federation.

You can read everything about major renovations in apartment buildings in the article Major renovations of an apartment building.

How to make an application correctly

When drawing up an application, you should remember that there is no approved form. Each management company has the right to independently determine the form that must be filled out by the applicant in the event of an application.

Often the application is drawn up in free form and filled out independently.

If possible, the applicant can independently compile an application on the computer.

Despite the fact that there is no established form, the law regulates the list of information that must be reflected in the application:

the application must indicate the full name of the general director of the management company;
the application indicates the details of the person who applies to the Criminal Code and his contacts;
It is not allowed to fill out an application with errors or incorrect data;
The statement should clearly state the essence of the problem, if possible referring to the norms of the law that were violated by the actions of the Criminal Code.

Debt write-off in a management company.

For which housing and communal services you don’t have to pay, read here.

What should the management company do regarding the maintenance of the house, read the link:

Please note! The application contains the following list of information:

information about the management company, its location and information about the director;
information about the applicant, including his full name, residential address, contact details;
title of the document (application, claim);
the circumstances that served as the basis for writing the application;
the requirements that the applicant requests to be satisfied;
date of preparation of the document, signature of the person who compiled it.

Algorithm of actions

Take a blank sheet of A4 paper. Let's start filling out the header.
In the upper right corner we write down the position of the authorized person (general director of the management company), as well as his full name.
Next, we write the name of the management company along with the legal form (LLC, individual entrepreneur, etc.).
Information about the applicant (full name, address, contact details for feedback).
In the middle of a blank line we write the name of the document (claim or statement).
Next, it is very important to state the whole essence of the problem without unnecessary words. Brief, concise and without water. Describe the situation that has developed.
Then the requirements that the initiator makes to solve the problem are outlined.
At the end, applications (if any) are written down, as well as the current date, personal signature of the initiator and decryption.

Applications are made in two copies . One remains in the office of the management company, and the second with a visa confirming the registration of an authorized employee of the management company is given to the applicant.

What to consider when composing the text

Due to the fact that there is no legally established application form, the following recommendations should be taken into account:

the writing style should be businesslike;
the text should not be voluminous;
one should refer to the norms of the current law or other act that is being violated.

Remember! Such acts are:

agreement with the management company (as a rule, the entire list of works that the company provides is indicated there);
Resolution No. 170;
Housing Code of the Russian Federation;
a list of rules developed by the Government of the Russian Federation in 2011;
acts issued by local authorities regulating the activities of management companies.

When a person has other written evidence, he has the right to attach it to the completed application. In such circumstances, the application shall indicate the entire list of information attached to it.

Remember, even if the applicant did not provide any information, this is not a reason for the Criminal Code to refuse to accept and consider it.

Watch the video. What the management company should repair for free:

Conditions for filing a claim

Tenant complaints are most often filed in the following situations:

failure to perform routine repairs;
untimely liquidation of an accident at the facility;
refusal to repair communications;
lack of inspection and examination of communications by the housing and communal services organization;
the presence of rodents and insects in the house and the absence of any actions by the management company to correct the current situation;
raising tariffs for non-utility services on an illegal basis;
failures in the supply of hot water, systematic shutdowns of gas or electricity;
lack of informing citizens about upcoming repairs.

This is not all the basis for the residents' claims. The agreement and Article 162 of Part 2 of the RF Housing Code indicate the responsibilities of the Criminal Code. Failure to comply with at least one of them is grounds for filing a complaint.

The most common unsubscribes: how to argue your position

Often, after submitting an application to the Criminal Code, regardless of the reason for the application, applicants receive standard answers. As a rule, they are not legally justified, since the answers contradict the norms of the law or the concluded agreement. As a rule, the representative of the management company abuses the legal ignorance of persons.

Entrance renovations are constantly being postponed

Often, the management company reschedules repairs more than once over a certain period of time, citing the fact that there are not enough financial resources to carry it out.

In this circumstance, it is necessary to remember the provisions of Gosstroy Decree No. 170, according to which cosmetic repairs of the access area must be carried out at least once every five years. In case of wear and tear or other objective circumstances, this period is reduced to three years.

Please note! The specific period during which repair work is carried out is determined by agreement with the management company.

Relocating repairs to the porch and cornice above the entrance. When porch repairs are necessary, including cosmetic ones, the provisions contained in the previously mentioned Resolution should also be taken into account.

In accordance with this act, facade repairs are carried out after painting the main surfaces of the entrance porch. In this case, the old paint must be removed before carrying out work.

Repair work in the ventilation shaft

The ventilation system is one of the main problems of apartment buildings. The previously mentioned regulatory act does not contain a time frame during which repair actions are carried out.

However, it states that work must be organized in such a way that allows the system to function uninterruptedly. Responsibility measures are assigned to the management company in case of provision of poor-quality services.

The main reasons for complaints against neighbors

The basis for a complaint can be any action that violates the constitutional right of other residents to peace.

Most often, this is:

Exceeding the noise limit during a period of silence (the period of time during which peace must be observed is established in each region separately). This could be carrying out repair and construction work, turning on the radio or TV at high volume, barking a dog, or even prolonged crying of a child. Read also: “Quiet mode in an apartment building: how to legally find justice for a noisy neighbor.”
Use of pyrotechnics at the entrance and in the local area.
Using the apartment for other purposes than for its intended purpose - for example, setting up an office in a residential area.
The presence of pets that walk without a muzzle, constantly bark, or live in the common area of the house (for example, if a tenant constantly feeds a stray cat on the landing). We advise you to read: “What to do according to the law if your neighbors’ dog is constantly barking in their apartment.”
Mental illness of a citizen that creates a danger to others.
Failure to comply with sanitary standards. We recommend reading: “How to get rid of neighbor’s cockroaches and where to file complaints.”
Flooding of an apartment or common areas. Read our recommendations: “How to “not get into a puddle” and correctly draw up a flood report for an apartment.”
Failure to comply with safety regulations - the tenant throws unextinguished cigarettes in the entrance or into the garbage chute, remodels or conducts communications without permission, etc. More about this: “How to legally wean your neighbor from the habit of smoking in the entrance.”
Intentional damage to an apartment or common property, vandalism. You might be interested in reading: “What a neighbor faces for damaging someone else’s property.”

This list is not closed; a complaint may be made for other reasons.

We recommend reading: “Application to a district police officer against unlucky neighbors: pitfalls, writing samples.”

Collective claim

The law allows for the filing of a collective complaint rather than an individual one. This complaint was filed by several residents of the building.

Remember! A collective complaint is drawn up in accordance with the requirements that are presented individually, the only difference is the presence of signatures of not one owner, but several.

Such a statement reflects the complaint of each of the residents of the house. Additionally, the contact information of each applicant must be indicated.

How long does it take for the management company to respond?

In accordance with clauses 18, 21 of the Standard for Disclosure of Information by Organizations, the total period during which the management company considers and draws up a response to the application is 10 days.

No more than 5 days - if the application indicates a requirement to provide information regarding the list of scope of work, the period of provision of services or performance of work. In an agreement with the management company, this period may be different.

No later than 10 days in the case where the application indicates a demand for a reduction in cost for reimbursement of expenses that are associated with deficiencies in the work that was performed.

When to report a breakdown

In addition to cases when the elevator does not arrive when called, you need to submit an application to check the serviceability of elevator equipment in the following cases:

if the elevator makes strange sharp sounds when moving;
in the absence of lighting in the cabin;
if the floor level of the cabin when stopped does not coincide with the floor level of the floor;
when elevator doors jam;
with regular short elevator stops between floors.

All of the above signs may indicate the presence of hidden faults in the elevator equipment.

Prompt elimination of such problems will help avoid accidents.

Complaint to supervisory authorities

Attention! The bodies exercising supervision in the provision of services by management companies are:

Russian consumer supervision;
Prosecutor's Office;
Housing inspection.

Regardless of which authority the person applies to, the complaint form has the same form.

Typically, a complaint contains the following sections:

in the upper part the name of the body is indicated, as well as information about the person who is filing the complaint. Please note that contact information is indicated by which the authority will contact the person to provide a response;
in the main part it is necessary to indicate in as much detail information as possible regarding the grounds for the application (provision of poor-quality services and ignoring the submitted application, inflated prices for tariffs). Information regarding sending an application to the Criminal Code with a requirement to eliminate violations must be indicated;
The following is a list of requirements aimed at eliminating violations;
below is a list of documentary information attached to the application;
At the end, the date of compilation and the signature of the person are indicated.

The complaint is submitted to the supervisory authority in person or by sending a letter. When sending a complaint by mail, you should make an inventory of the files enclosed in the envelope.

Reasons for writing an application

A sample application to the management company makes it easier to write a complaint. However, before drawing up a document, it is necessary to substantiate the claim.

That is, a sample complaint to the management company will be required if the following circumstances are identified:

The management company does not provide the services specified in the collective agreement, but continues to collect payment;
The management company provides low-quality services (cases of delayed garbage collection, prolonged decrease in hot water temperature, and so on have been identified);
The management company does not carry out major repairs, despite the identified defects (the roof is leaking, the facade is collapsing, etc.);
repairs of utilities are not carried out;
The Criminal Code hides information that should be publicly available;
there is mold on the walls, and there are rats and cockroaches in the house;
incorrect (unreasonable) charging of payments for housing and communal services.

If the indicated circumstances are identified, before applying, you must clarify how to write complaints to the management company, take a sample and fill out a form, listing the features of the situation.

Going to court

When the management company ignored the received application and the person did not contact the supervisory authority, he has the right to file a claim in court.

Note! The statement of claim is submitted after making the obligatory state payment.

When the claims made by the plaintiff are satisfied in full, the amount paid by the plaintiff is returned at the expense of the defendant. Additionally, the plaintiff has the right to indicate requirements for the need to satisfy moral requirements.

The statement of claim is filed with the district court at the place of registration of the plaintiff.

Below you can see a sample application, which provides links to regulations that substantiate the plaintiff’s position.

Who should I send it to?

This type of appeal is drawn up and submitted to various inspectorates, depending on the nature of the violation on the part of the neighbor. Let's look at where to file a complaint for various offenses.

The neighbor disturbs the peace (makes noise). A noisy neighbor can cause inconvenience occasionally (repair work, family quarrel, etc.) or systematically (listening to music at night). In the event of a disturbance of the peace on the part of the resident, it is necessary to call the police, who must conduct a conversation with the offender. If the disturbance of the peace occurs systematically, then you should contact the local commissioner by filing a collective complaint.
The neighbor flooded the apartment. Flooding of living space by neighbors is a situation that occurs in an apartment building. It arises due to the carelessness of people, neglect of the rules for installing and connecting household appliances to the water supply system and other reasons, but almost always leads to damage to the property of neighbors. In this case, a collective complaint is written to the Management Company, which must draw up a report on the flooding of housing, indicating the culprit. If a neighbor refuses to compensate for the damage caused peacefully, then a statement of claim should be filed in court.
Abuses alcohol (drinks). The systematic use of alcohol by a neighbor causes a number of troubles for his neighbors. This could be constant noise, unpleasant odors coming from the apartment, as well as non-compliance with fire safety standards. In this case, the complaint is written to the district police officer if you want an explanatory conversation to be held and measures taken.
A collective complaint is submitted to the Ministry of Emergency Situations and the Sanitary and Epidemiological Station for the purpose of drawing up reports of violations of fire and sanitary and epidemiological standards.
Such documents are necessary for the legal process, in the event of extreme measures - the forced eviction of a neighbor from his home.
Smoking on the stairs. The staircase is part of the entrance, which in turn is a public place. Federal Law No. 15 of February 23, 2013 prohibits smoking in public places and imposes administrative liability on the violator in the form of a fine. If a neighbor smokes on the stairs in the entrance, then you need to contact the local police officer by writing a corresponding complaint.
Mentally ill. If a neighbor suffers from mental disorders, then this can pose a threat to the life and health of the residents of an apartment building, since such people are not aware of the actions they are taking. If such a person is not registered with a psychiatrist, then you need to write a collective complaint to the district police officer, as well as to the head doctor of the psychoneurological dispensary about a forced examination of the citizen for sanity.
Unsanitary conditions. Many neighbors litter in public places, but when this phenomenon occurs with enviable regularity (they constantly leave garbage near the entrance, on the staircase, etc.), then you need to take decisive action and write a collective complaint first to the police department, then to the Housing Authority inspection or Rospotrebnadzor, which are the competent authorities in resolving such disputes.

Statement of claim

Remember! According to the norms of Civil Procedure Law, the claim states:

the name of the judicial authority to which the claim is filed;
Full name of the plaintiff, as well as information about his place of registration;
information about the defendant (information about the name of the management company and its location is indicated);
circumstances under which the applicant's right was violated. In this part of the statement, it is necessary to refer to the legal norms that were violated;
if it is necessary to recover amounts from the company, the claim shall indicate the procedure for their calculation;
when the plaintiff contacted the company pre-trial, information about this, as well as the results of such contact, is indicated;
at the end of the claim, a list of documentary information attached to the claim is indicated;
Next, the date of filing the claim and the signature of the plaintiff are indicated.

Attached documents

As previously mentioned, the plaintiff, in order to confirm his position reflected in the statement of claim, has the right to refer to written information that he has in his hands.

Attention! In this regard, it is necessary to understand which of them can be used as evidence by the recipient of utility services:

agreement on the provision of services by the management company;
payment documents confirming full payment for services received;
copies of complaints and claims compiled and submitted by the applicant;
copies of decisions made by the management company after it received the application or claim;
complaints filed with supervisory authorities, as well as decisions they made after considering the complaints;
other evidence that the applicant has (for example, written expert opinions, photos or video materials that confirm the applicant’s arguments);
formulas for calculations subject to collection of funds.

How to write an application to housing and communal services?

The first complaint about the provision of poor-quality utility services must be written to the management company. When filing a claim, you need to take into account a number of general rules.

Important! The management company has at least 10 days, counted from the date of receipt of the application, to eliminate the identified violations. This period is necessary to confirm the shortcomings indicated in the application.

It is recommended to indicate one organization in the application. Management organizations do not consider claims for several items at once, for which different legal entities are responsible.

Important! The response from the management company should be responded to immediately. That is, if the owner of the apartment does not agree with the decision made, it is necessary to submit a corresponding claim to a higher organization.

When submitting an application, it is recommended to be guided by the sample that can be obtained from the Criminal Code. This document should reflect the exact details of the organization receiving the claim.

Home repairs

The frequency of major repairs is established at the legislative level. In particular, in the entrance, such work is performed no more often than every 5 years. If urgent repairs are needed, it is necessary, along with the application to the Criminal Code, to submit evidence that the house requires restoration. The basis is photographs, videos or opinions of independent experts.

Roof leak

If there is a roof leak, it is recommended to report this problem to the management company by phone. After this, you need to write a statement demanding that the identified defect be eliminated. This document can later be used in court in cases where the management company refuses to fulfill legal obligations. It is recommended that the statement reflect all the circumstances: the nature of the violation, who discovered the leak and when, etc.

Receiving the information

Apartment owners have the right to receive the following information from the management company:

information about the legal entity (OGRN, TIN, etc.);
list and features of houses managed by the company;
information about the work performed and the cost of services provided;
tariffs and standards applied when calculating prices for services;
data on expenses for major repairs;
data on the methods of use of property located in common property;
reports on fulfillment of contract requirements.

In some cases, owners have the right to request other information.

Wall heating

Insufficient heating of apartments is also used as a basis for filing a claim with the management company. The temperature level that must be maintained inside residential premises is established at the legislative level.

Attention! It is possible to make a claim for lack of heat in cases where the owners have provided sufficient thermal insulation of the apartments.

If the Criminal Code does not eliminate this violation, apartment owners have the right to demand a recalculation of utility bills.

Recalculation for utilities

Recalculation for utilities is carried out if the owners have proven that the resource supplying organization has not fulfilled its obligations (control measurements of the temperature level in the room, etc.). It is recommended that the statement reflect all the nuances of a specific situation. Recalculation is made within 5 days, but a month after the last payment is accrued.

More sample applications to the Criminal Code

The management company accepts claims in the previously identified cases. In particular, complaints can be made regarding non-compliance with sanitary standards, low hot water temperature and other situations.