Sample collective complaint against neighbors 2021

You don’t choose your neighbors—you have to put up with them, despite the noise coming from their apartments. But sometimes, such sounds exceed all reasonable limits, forcing complaints to be filed with the relevant structures authorized to resolve such problems.

A collective complaint is a legal way for citizens to appeal to administrative departments to ensure their rights are respected when living in multi-storey buildings, using Article 2 of Law No. 59 of May 2, 2006 “On the procedure for considering citizens’ appeals...”

Application form

Content

A complaint, like every similar document, is a written form of application. A collective complaint is considered to be a statement signed by two or more citizens.

The document must certainly contain:

Designation of the department to which the document is sent.
FULL NAME. and residential addresses of the applicants' neighbors.
The reason for writing it.
Evidence of misconduct.
The date of the document drawn up, as well as the signatures of the neighbors who joined the complaint.

One option for a collective complaint could be that such a letter could be drafted by a representative of a group of people on their behalf.

Grounds for application

In life, neighbors often behave so inappropriately that it is impossible to resolve the relationship peacefully. In such circumstances, you have to file a complaint against them with the departments that are authorized to resolve such conflicts. To effectively resolve problematic conflicts between neighbors, it is recommended to file a collective complaint. Such a collective statement is unlikely to be ignored by the relevant structures. Depending on the reason, a complaint against neighbors can be written based on the following circumstances:

Constantly scattering garbage in common areas.
Noise from neighbors, which is the most common problem for residents living in an apartment building with soundproof walls. Loud music, the squeal of a drill from 6:00 in the morning, the stomping of running children, rowdy behavior - can be a good reason for filing a complaint.
Keeping pets, as a result of which comfort is disturbed due to the constant barking of a dog at night, or a huge number of pets that emit stench and noise.
Unauthorized redevelopment of an apartment that threatens the safety of housing construction or creates certain inconveniences for neighbors.
In addition, the following may be reasons for writing a sting:

Regular flooding and refusal to compensate for losses caused.
Organizing hangouts in the apartment, with suspicious friends who look like drug addicts or thieves in law, constantly pestering neighbors, begging for a “bottle.”
Incomprehensible sounds, with fights and pleas for help, or drunken discos at night, ending in brawls, etc.

In the presence of the listed violations, neighbors have every reason to collectively contact administrative departments to restore proper order.

What to pay attention to

The collective appeal is signed by each participant, with a transcript of the signature. You can send an appeal to some authorities through the official website. If personal submission is not possible, the application is sent by mail. The notification will serve as proof of receipt of the package of documents by the addressee. If the application is submitted in person, the person receiving it must sign a copy that remains with the applicant.

Thus, the collective appeal procedure is quite simple and most effective. The appeal must be considered within a period not exceeding 30 days. For appeals regarding violations of consumer rights, a shorter period is established - 10 days.

The decision is not final; the law provides for the possibility of appeal. If employees are not satisfied with the response received, they have the right to use other methods to protect their rights. If you were refused by all authorities, write to the prosecutor’s office or the court, be sure to include the responses from the previous authorities.

Where to contact?

If conflict situations arise among neighbors that interfere with peaceful coexistence, you have to file a complaint with the relevant structures. Often, when drawing up a complaint, the question arises: - Where to send the complaint to effectively resolve the problem? It all depends on the type of offense and each circumstance must be considered individually.

The simplest solution to any conflict situation is to contact the local police officer. Complaints to the district police officer are the most common type of litigation between neighbors.

If a neighbor is constantly making noise at inappropriate times, the district police officer is obliged to familiarize himself with the collective statement of the neighbors and quickly respond to the document received by interviewing the residents of the entrance and drawing up a report on the troublemaker.
If the local police officer does not respond to the complaint, then in this option the neighbors need to send a complaint to his superiors - to the police department.
If nothing is done there, then the next complaint will have to be sent to higher structures up to the prosecutor’s office and, possibly, even to court, about the inactivity of law enforcement agencies. As a rule, the persistence of residents sooner or later leads to a positive solution to the problem and the offender is “restrained.”
If a neighbor keeps many animals that interfere with the normal functioning of the residents, it is recommended to file a complaint with the homeowners association (HOA).
In case of unauthorized redevelopment of an apartment that affects the interests of neighbors, you must contact the management company (MC) and the housing inspection (HI).
If neighbors litter, a statement can be sent to Rospotrebnadzor, which is authorized to resolve such issues.
In case of flooding, a local police officer or an appraiser is invited to assess the damage, and if the neighbor refuses to compensate for the losses caused, the conflict can be resolved through legal proceedings.

To summarize, it can be noted that each collective complaint is made only in writing in a free style. Therefore, residents here usually do not encounter any difficulties when registering it.

Difficulties may arise when going to court. To fill out a statement of claim, you will most likely need to contact a lawyer, since if the claim is incorrectly drawn up, the court will return the documents without consideration.

Management company and HOA

Today, to manage multi-apartment housing construction, a management company or HOA can be used, whose responsibilities include compliance with multi-storey housing construction in the normal state, including sanitary standards. Therefore, complaints from residents are most often sent to the management company or HOA and written to the head of the management company or the chairman of the HOA. Of course, these officials cannot take effective measures against violators, but they are authorized to resolve conflict situations using other authorities.

The reason for filing a claim with these institutions may be:

Neighbors constantly throwing garbage at the entrance.
Keeping animals without proper care.
Walking dogs in undesignated places and without a muzzle.
Smoking in unauthorized places.
Littering of the local area with large items.
Noise in the apartment, creating discomfort for neighbors, both during the day and at night.

If the management company or homeowners association ignores a collective complaint, this may become the basis for sending a complaint to regulatory agencies, for example, to the housing estate. It is recommended to attach materials to such a complaint certifying the fact of the appeal to the management company or HOA.

To the district police officer

According to Law No. 15-FZ of February 23, 2013 “On the Protection of Citizens’ Health...”, smoking is prohibited in entrances or common areas. If neighbors constantly violate such rules by smoking in the entrance and ignoring neighbors’ comments, you can file a collective complaint from the neighbors to the district police officer. Considering that smoking in unauthorized places is also a violation of fire safety regulations, a fire inspector can also be involved to eliminate this problem.

Also, there may be grounds for inviting a local police officer in the event of noisy gatherings in the apartment, loud scandals, drinking alcoholic beverages at the entrance and in other common places.

Upon receipt of a complaint, the district police officer is obliged to go around the neighbors, verify the reality of the violation of order by interviewing the neighbors, and draw up a report on the violator, followed by the imposition of a fine in accordance with the Code of Administrative Offenses of the Russian Federation.

If the district police officer ignores the applicants’ complaint about the unlawful actions of the troublemaker, then the applicants can send complaints to higher structures up to the district administration. If the violator ignores the warnings, then the neighbors have the right to petition the administration to evict him. Art. 91 of the RF Housing Code provides for such a decision for systematically ignoring the rights of neighbors and the violator can be evicted by a court verdict. This measure, of course, is an extreme one, and is rarely used and only for tenants. It is practically impossible to evict the owner of the apartment.

Police

Submitting a collective complaint against a neighbor to the police is possible if a previous complaint to the district police officer did not lead to a positive result. The basis for filing such a collective claim may be:

Loud noise at night.
Violation of sanitary order.
Use or distribution of drugs.
Damage to collective property.
Violation of the rules for using a residential apartment.
Actions that lead to damage to health.
When the lives of neighbors are threatened.

As already noted, you first need to invite the local police officer and hand over the complaint to him personally. If there is no response from the district police officer, the complaint must be sent to the district department of the Ministry of Internal Affairs.

If there is an urgent need and there is no local police officer on site, if a crime has been committed by a neighbor, you must call “02”.

Rospotrebnadzor

The reason for filing a collective claim with Rospotrebnadzor may be a violation of sanitary and epidemiological rules by a neighbor, or if the neighbor is a carrier of airborne diseases. When drawing up a collective application to Rospotrebnadzor, it is required to display information about the neighbor in a letter, along with evidence of the identified problem.

Court

Going to court with a class action lawsuit is a last resort, which is used if all previous measures against a negligent neighbor have not led to a positive result.

The pleading section of the claim expresses a requirement to impose an administrative or criminal penalty on the neighbor who violates the order, or to award compensation for material or moral damage. The requirements must be supported by reference to the legislative provisions of the Russian Federation, otherwise the claim will be rejected by the court. Therefore, when drawing up a statement of claim, it is recommended to seek the help of a lawyer.

Evidence must be attached to the claim. The availability of such evidence is a key factor in legal proceedings.

When sending a claim to court, we must not forget about the statute of limitations, which, according to general rules, is three years from the date of the offense.

Who serves

You can make a whole list of persons from whom a complaint can be filed, but it would be more correct to consider the most common options:

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residents of the house who are dissatisfied with the behavior of a neighbor or neighbors (loud noise, a drinking neighbor, unclean behavior, maintaining a brothel that threatens other people’s property and people’s health);
residents of the building who are dissatisfied with the work of the management company (lack of cleaning of staircases, delay in repairs, maintenance of the pipeline and other overpasses in disrepair, improper performance of their utility duties);
people who have suffered from police or bureaucratic arbitrariness (extortion, provoking bribes, beatings, dereliction of duty);
parents whose children are experiencing certain problems in kindergartens and schools (negligent attitude of teachers towards children, rude and unpedagogical communication between the class teacher and students, threats in the classroom, insults, etc.)
subordinates whose boss violates labor laws and harms the production process (delays wages, forces them to work at unregulated hours, insults and morally humiliates employees, practices illegal dismissals or non-dismissals).

Although the list could be significantly expanded, the examples presented can provide an understanding of the subject of the complaint.

How to write a collective complaint against neighbors to a local police officer?

A collective complaint against a neighbor to a local police officer is a document whose structure is similar to a single complaint. The document is filled out on a regular sheet of A4 paper and contains standard sections:

“Header”, where the addressee’s details are displayed.
List of neighbors making a petition.
Document's name.
The main text, which sets out the essence of the appeal and lists the violations.
Requirement to suppress an offense with reference to the legislation of the Russian Federation.
Date of filing the complaint.
Signatures of all applicants.

It is recommended to attach evidence of the offense in the form of photographs, video and audio recordings of violations to the complaint.

"Caption" of the statement

The “header” is placed at the top of the sheet on the right side.

1) The position of the addressee to whom the complaint is sent is indicated here, with the designation:

Name of the institution.
FULL NAME. local police officer.

2) Then a list of persons who are involved in drawing up the claim is set out, indicating:

FULL NAME. every neighbor.
Residence addresses.
Contact phone number (if available).

This item, due to the possibly large number of applicants, can be represented by one person acting on behalf of the team. You can write, “... From a group of neighbors...”. At the same time, at the end of such a complaint, the entire list of neighbors must be attached, indicating the above listed details and their signatures.

3) Next, in the center of the line you need to write the title of the document being compiled.

The applicants' further actions consist of presenting the content of the document.

Content part

The main text of the collective letter should contain a list of unlawful actions from which the applicants suffered. Here you need to describe the circumstances of each applicant with a requirement to eliminate the violation that will satisfy the group of applicants. Typically, such complaints are voluminous. The test should be presented in a businesslike tone, without embellishment - just facts.

After describing all the violations, you need to express a demand with reference to the legislative norms of the Russian Federation on the application of measures to the violator, with a request to report on the measures taken.

Finally, it is recommended to attach materials supporting the applicants' allegations. This may include photographs, audio and video recordings, as well as witness statements.

The document drawn up must be signed by all neighbors who have expressed a desire to file a complaint.

Two types of complaints according to the number of applicants

The legislation of the Russian Federation provides that citizens have the right to demand elimination of violations of their rights. A complaint is one of the ways to protect a violated right, which is a written appeal addressed to government bodies or other organizations, containing a demand to eliminate the violation of a citizen’s legal rights.

You can make such a demand both individually and collectively. It should be taken into account that if there is information that such a violation of rights was committed in relation to two or more persons, then it makes sense to invite them to formulate a general requirement. In practice, it is collective appeals that are most effective. You can contact a specialist to find out how to file a collective complaint, but many do it on their own.

What documents should I attach?

When filing a collective complaint, in order to more effectively prove the fact of an offense, it is recommended to attach materials that are evidence of accusations against the neighbor’s troublemaker, as well as mandatory documents.

Such materials and documents may be:

Copies of applicants' civil passports (required).
Previous complaints that were ignored.
An official refusal to accept a complaint or a response that does not satisfy the applicants’ demands.
Expert opinion on noise volume.
Written statements from other residents.
Audio or video recordings recording the unlawful actions of the offender.
Photographs and other video evidence, with disk attachment.

Normative base

According to Art. 4 clause 4 of Federal Law No. 59 of 2006, a complaint from a team is a legitimate appeal to the appropriate authority to resolve any issue. The essence of the paper lies not only in the presentation of the issue that has arisen, but also in the collective proposal of ways to resolve it.

A collective statement is formed by several persons who became victims or witnesses in one case.

Based on the statements of Article 2 of Federal Law No. 59, every citizen or group of persons has the right to such appeals without observing strict rules, with the exception of one thing - a written document indicating a list of all complaining persons.

However, before writing a collective complaint, it is still better to understand the essence of drawing up such documentation in order to receive adequate action from the appropriate authority.

Application processing time

All citizen complaints are usually registered upon delivery (during a personal visit) or upon receipt if the complaint is sent by mail or via the Internet. At the same time, the period for registering a complaint, depending on the method of sending, can be extended to 3 days. A response to a collective complaint is usually required to be submitted within 30 days.

In some situations, this period may be extended for valid reasons. For example, if the resolution of the complaint requires legal proceedings, for example, related to the eviction of a troublemaker. Often, when making a decision on a complaint, authorized agencies limit themselves to imposing a fine.

Note : To obtain evidence of filing a complaint, it is recommended to send complaints by registered mail with notification of the date of delivery of the message to the addressee. In this case, it is easier for the applicant to control the deadline for receiving a response.

Below is a table with approximate processing times for collective applications in various departments:

What penalties are provided?

The penalty is regulated by the legislative norms of the Russian Federation and depends on the severity of the unlawful actions. Basically, punishment is carried out by warning or imposing a fine amounting to the following amounts:

For the first violation of exceeding the permissible noise level, a warning is issued, for a repeated violation - a fine of 100 to 500 rubles.
If apartments are flooded, the fine reaches 5,000 rubles, plus compensation for damage to neighbors.
For smoking in public places, the first violation may result in a fine of 500 to 1,500 rubles. If you smoke again – up to 2,500 rubles.
For unsanitary conditions, the violator can be fined from 500 to 1,000 rubles.

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Making a claim

Before submitting an application, you should take into account all the pros and cons, and also familiarize yourself with an example of such an application in order to exclude the possibility of its rejection due to incorrect execution. Otherwise, there is a risk that the applicant will have his claims rejected.

And, as a result, undermining authority and deteriorating business reputation in the eyes of management and colleagues. A claim against a manager has its own characteristics, which we will consider below.

Complaint structure

Based on the content of Art. 4 clause 4 of Federal Law No. 59, an appeal from team members is a legal application to the appropriate authority to resolve an internal conflict at the enterprise. There are no special requirements for filing such an application.

It is compiled from a group of people in two copies according to the following principle:

indication of the exact addressee;
personal data of complaining persons;
the main part, which should include a brief and accurate description of the situation in which the rights of the company’s employees were infringed or violated;
list of requirements from applicants;
date of application;
signatures of team members with transcripts;
list of evidence.

This is also important to know:
If your salary is delayed, what to do, where to go

Attention: When compiling and subsequently submitting such an appeal, there is no need to list the names of the team members who signed in the header. It is enough to indicate that the application is being submitted on behalf of team members of a certain department or section of the production process.

Design nuances

Before you start filing a complaint, you must make a generalized list of all claims and demands.

The following design details should also be taken into account:

the complaint is collective, but only one representative of the workers must write it;
after registration, all participants in the process must familiarize themselves with the text of the application;
do not allow threats, insults, or profanity in the text;
do not limit yourself to simple words, but attach to the application an extensive evidence base from written documentation, photos, video or audio materials;
support the written text with links to articles of law;
the list of complaining persons must be submitted as a separate application.

It is necessary to restrain the expression of emotions so that this does not lead to refusal to consider the application. Everything should be presented competently, accessible, briefly, but as informative as possible.

Submission methods

After familiarizing yourself with the nuances of filing a complaint, you need to consider how to submit it. You can do this in any convenient way:

hand over personally;
use postal services and send a notification letter;
fill out the form on the organization’s Internet portal;

It is important to take into account that the document will take several days to arrive by mail, and after handing over the application in person, it will be immediately accepted for consideration.

In writing

A collective complaint is an official complaint that is written in any form. There is no single sample or form; it should be drawn up individually, taking into account the given circumstances. The paper is written by hand or typed on a computer and printed.

Online

With the help of the Internet, most issues can be resolved. It is on the World Wide Web that several portals have been created that allow you to formulate claims.