How to correctly write a claim or application to the management company?

Based on the current legislation of the Russian Federation (“Housing Code” of the Russian Federation, Government Decree No. 491 of the Russian Federation “Rules for the maintenance of common property”, an agreement concluded between residents and the management company, other regulatory and sub-regulatory acts), issues of maintaining the housing stock have been transferred from state competence to the level of interaction between the management company/other organizations involved in maintaining the building and the residents of an apartment building or other residential building.

This applies to both technical communications (gas pipeline, water supply, electricity supply, and so on), and issues related to the infliction and compensation of damage within the framework of the interaction of the above-mentioned individuals and legal entities. For example, you can draw up a report about the flooding of an apartment or ask the management company to solve another existing problem.

In this regard, it is important to consider the procedure and rules for writing an application to the management company.

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The legislative framework

The utility services sector is regulated by many legal acts, from federal laws to sanitary and technical standards that contain requirements for individual services. General issues of housing and communal services are regulated by the following regulations:

1. Housing Code of the Russian Federation;
2. Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the protection of consumer rights”;
3. Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” dated May 6, 2011 No. 354 (hereinafter referred to as RF PP No. 354);
4. Decree of the Government of the Russian Federation of May 15, 2013 No. 416 “On the procedure for carrying out activities for managing apartment buildings” (hereinafter referred to as RF PP No. 416);
5. Decree of the Government of the Russian Federation of August 13, 2006 No. 491 “On approval of the rules for the maintenance of common property in an apartment building and the rules for changing the amount of fees for the maintenance and repair of residential premises in the case of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of improper quality” quality and (or) with interruptions exceeding the established duration.”

How to compose?

As you understand, the complaint has three parts: the first is the introductory one, which contains basic information about the parties. The next part is a descriptive one, which describes the essence of the problem and also suggests options for resolving it. The final part includes a list of documents, signature and date.

But besides these rules, there are other rules that must be followed when drawing up this document. Thus, the complaint must be drawn up on a blank sheet of A4 format, preferably in computer font.

The text should be readable, and most importantly, should not contain spelling errors.

The document must be drawn up in two copies. One remains with the owners, and the second is sent to the management organization.

However, both copies must be registered at the office of your management organization. A complaint must only be written; an oral complaint is not considered a complaint.

When drafting a document, avoid obscene language, aggressive language, threats and jargon. Such an appeal will not constitute a statutory complaint.

A collective complaint against the management company is a sample.

What questions can you contact the Criminal Code?

To understand whether the management company can resolve a specific issue, you should find out whether it falls within the competence of the management company. According to Part 2 of Art. 162 of the Housing Code of the Russian Federation, the management company undertakes:

• perform work and (or) provide services for managing an apartment building;
• provide services and perform work on proper maintenance, current and major repairs of common property;
• provide utility services: for example, cleaning entrances and local areas, carrying out landscaping work;
• ensure the readiness of engineering systems: carry out scheduled inspections and, if necessary, repair them, install meters;
• carry out other activities aimed at achieving the goals of managing an apartment building: carry out insulation of walls, control over the process of capital renovation and other responsibilities that may be established by an agreement for the management of an apartment building (MKD).

Accordingly, you can write a complaint to the management company in the following cases:

• incorrect calculation of utility bills was made;
• the services provided for in the MKD agreement were provided improperly or were not provided at all. For example, the entrance is not washed according to schedule, burnt-out lamps are not replaced;
• poor quality of utility services: low hot water temperature, power outages, untimely heating connection, etc. For example, you can write a heating complaint to the management company.
• no current or major repairs are carried out;
• the condition of engineering systems and house communications is not monitored;
• the maintenance of common property does not meet sanitary standards: there are cockroaches or rodents, it is too dirty, etc. In these cases, a complaint is filed regarding the maintenance of the entrance.

Important! The management company does not have the right to unilaterally increase tariffs for house maintenance, introduce additional fees, reduce the scope of services provided, or otherwise change the terms of the apartment management agreement. All these issues should be submitted to the general meeting of owners of apartment buildings.

In addition to appeals arising from the management agreement for apartment buildings, residents can submit the following appeals to the management company:

• complaints about the actions or inaction of management company employees: cleaners, janitors, engineers, electricians, etc.;
• complaints about harm to the life or health of residents, property damage in common areas or in the local area: snow and icicles falling on cars, injuries resulting from a fall on a slippery porch, etc.;
• requests for information. The list of information that the management company is obliged to provide upon request is contained in the Decree of the Government of the Russian Federation of September 23, 2010 No. 731 “On approval of the standard for information disclosure by organizations operating in the field of management of apartment buildings.” In particular, this is information about the income received by the company, work plans, as well as compliance of the quality of services provided with state or other standards;
• application for commissioning of individual metering devices.

How to correctly write a claim for a defective product and a refund?

How and where to complain about the management company or housing and communal services? Step-by-step instruction

Housing and communal services functions

• Inspection of residential buildings (including a complete inspection of the housing stock) and preparation of design and estimate documentation (regardless of the period of repair work).
• Repair and construction work on the replacement, restoration or replacement of elements of residential buildings (except for the complete replacement of stone and concrete foundations, load-bearing walls and frames).
• Modernization of residential buildings during their major renovation (redevelopment taking into account the disaggregation of multi-room apartments; installation of additional kitchens and sanitary units, expansion of living space due to auxiliary premises, improvement of insolation of residential premises, elimination of dark kitchens and entrances to apartments through kitchens with devices, if necessary, built-in or attached premises for staircases, sanitary facilities or kitchens); replacement of stove heating with central heating with the installation of boiler rooms, heat pipelines and heating points; rooftop and other autonomous heat supply sources; refurbishment of furnaces to burn gas or coal; equipment with cold and hot water supply systems, sewerage, gas supply with connection to existing main networks at a distance from the input to the connection point to the main lines up to 150 m, installation of gas ducts, water pumps, boiler rooms; complete replacement of existing central heating systems, hot and cold water supply (including the mandatory use of modernized heating devices and pipelines made of plastic, metal-plastic, etc. and a ban on the installation of steel pipes); installation of household electric stoves instead of gas stoves or kitchen fires; installation of elevators, garbage chutes, pneumatic garbage removal systems in houses with the upper floor landing level of 15 m and above; transfer of the existing power supply network to higher voltage; repair of television antennas for collective use, connection to telephone and radio broadcasting networks; installation of intercoms, electric locks, installation of automatic fire protection and smoke removal systems; automation and dispatching of elevators, heating boiler houses, heating networks, engineering equipment; improvement of courtyard areas (paving, asphalting, landscaping, installation of fences, wood sheds, equipment for children's and utility areas). Repair of roofs, facades, joints of prefabricated buildings up to 50%.
• Insulation of residential buildings (work to improve the heat-insulating properties of enclosing structures, installation of window fillings with triple glazing, installation of external vestibules).
• Replacement of intra-block utility networks.
• Installation of meters for metering thermal energy consumption for heating and hot water supply, cold and hot water consumption for the building, as well as installation of apartment meters for hot and cold water (when replacing networks).
• Reconstruction of unventilated combined roofs.
• Design supervision of design organizations for major repairs of residential buildings with full or partial replacement of floors and redevelopment.
• Technical supervision in cases where local governments and organizations have established units for technical supervision of major repairs of housing stock.
• Repair of built-in premises in buildings.

Owners must pay. How and for what exactly is decided at the general meeting.

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.

Do not send copies of documents

You are not obliged, at the request of the owner, to send him copies of documents about your financial and economic activities (appeal ruling of the Saratov Regional Court dated December 17, 2014 N 33-7126). But if you want, it is not prohibited, you can send it.

You must keep all electronic and written requests and copies of responses to them on electronic and paper media for at least five years (clause 20 of the RF PP No. 731). Each written request received by the MA must be registered on the day it is received: assigned a registration number and stamped (clause 22 of the RF PP No. 731). Homeowners' associations and housing cooperatives do not have to do this.

We told you how to communicate with the GIS housing and communal services support service and save your nerves

Where to appeal?

If the management company acts unlawfully, violates the terms of the apartment management agreement, ignores claims or refuses demands, it is necessary to write a complaint to the regulatory government authorities. This document is drawn up similarly to an application to the Criminal Code, but additionally contains information about violations committed by the Criminal Code. For complaints to government bodies, a single review period has been established: 30 calendar days.

You can read more about a complaint against a management company or housing and communal services in our article.

Rospotrebnadzor

The provision of housing and communal services is subject to legislation on the protection of consumer rights. Therefore, you can file a complaint against the Criminal Code with Rospotrebnadzor. This body verifies the circumstances stated in the complaint. If violations are detected, he can issue an order to the organization to eliminate them.

Examples of circumstances that give rise to contacting Rospotrebnadzor:

• the MKD management agreement contains conditions that violate consumer protection laws;
• The management company provides false information about the services provided;
• unjustified changes in tariffs by the management company.

You can call the department, come to a personal appointment, or send a complaint to the Criminal Code by mail. The telephone number and address of the regional office of Rospotrebnadzor can be found on the website ХХ.rospotrebnadzor.ru, where ХХ is the region number, for example, 22.rospotrebnadzor.ru. On the same website you can leave a request electronically (authorization through State Services will be required).

Sample complaint:

Sample complaint

State Housing Inspectorate (GZHI)

The responsibilities of the GZHI include monitoring compliance with housing legislation, in particular ensuring the rights of citizens when providing them with housing and utility services. Therefore, it is advisable for GZHI to file a claim with the management company for maintaining the house. This body is unlikely to help in financial disputes with the management company.

Contacts of the regional inspection can be found on the official website of the head of the region. For example, contacts of the State Property Committee of Moscow can be found here. You can submit a complaint in person, through an electronic reception, by mail or through the GIS Housing and Communal Services service.

Sample complaint:

Sample application

Prosecutor's office

It is most advisable to contact this authority in case of controversial financial issues (illegal charges, etc.) and in other cases of gross violation of current Russian legislation (refusal to issue documentation or failure to provide information, etc.).

You should write a written appeal to the prosecutor's office and send it by mail or take it personally to the prosecutor at your place of residence. You can find the nearest prosecutor's office using the Prosecutor General's Office website.

If the water utility’s offense is not criminal in nature, you can write to the online reception of the prosecutor’s office.

Sample application:

Sample application

Court

As a rule, control authorities, if necessary, initiate recourse to court. However, if this does not happen, the violated rights are not restored, and the losses are not compensated, you can go to court yourself. To do this, you need to draw up a statement of claim based on a previously drawn up appeal.

It should be noted that, depending on the situation, the following requirements arising from the Law “On Protection of Consumer Rights” can be additionally included in the claim:

• on the payment of a penalty in the amount of three percent of the price of the service for each day of delay and its calculation (Article 28 of the Law “On the Protection of Consumer Rights”);
• on the payment of interest for the use of other people's funds in accordance with Art. 395 Civil Code of the Russian Federation;
• on reimbursement of legal expenses if the plaintiff applied for paid legal assistance;
• on compensation for moral damage. The court may award monetary damages to compensate the plaintiff for his emotional distress.

Important! These requirements can only be presented if there is a pre-trial claim to the management company.

In addition, when satisfying the plaintiff’s property claims, the court also orders a fine from the executor in the amount of 50% of the claim price for untimely fulfillment of the consumer’s requirements.

The state fee for going to court in cases of consumer rights protection is not paid. If an application of a non-property nature is submitted (for example, about providing false information), a state fee of 300 rubles is paid.

The statement of claim can be submitted to the court in person or sent by mail.

Sample claim:

Sample claim

Difference from a simple complaint

A collective complaint against a management company differs from other complaints for a number of reasons.

Firstly, this appeal contains not only an indication of errors, but also possible proposals for neutralizing them.

Secondly, such a complaint has a special procedure for drawing up , content, as well as measures for responding to it.

A collective appeal also differs in that, unlike a situation where a document would be submitted by one person, each of the owners puts forward their own claims, and in fact, each person composing the document must leave their signature.

When is it pointless to apply?

There is no point in filing a complaint with the housing office if the subject of your dissatisfaction is not under their jurisdiction. For example, if you have entered into an agreement with a management company, then now the maintenance of your home is their concern.

In addition, if the housing office has fulfilled all your requirements regarding the complaint, and you ask for the work to be carried out even better and more often, then most likely your request will be ignored and not fulfilled.

Still, you need to know about your rights. We are accustomed to dirty entrances and leaking roofs, but this does not mean that this is how it should be. Demand good attitude from management organizations and housing and communal services authorities, especially since your rights are protected by law.