How to check the work of the management company for the maintenance of a residential building in the Moscow region

Apartment building management

The Constitution of the Russian Federation enshrines the right of every citizen to own property, own, use and dispose of it, both individually and jointly with other persons. This constitutional provision is reflected in housing legislation: the owners of residential and non-residential premises in an apartment building, at their own discretion and in their own interests, manage the apartment building with minimal interference from authorities. In Russia, there is a gradual formation of the owner, his understanding of his role in the effective management of real estate, increasing its value and market attractiveness. In this article we will try to formulate the concept of “management of an apartment building”, define conditional criteria for choosing a method of managing an apartment building and designate contractual relations for each management method.

What is apartment building management?

The newly adopted Housing Code of the Russian Federation does not define the concept of “management of an apartment building,” although an entire section is devoted to this area of ​​activity. In order to define a phenomenon, it is necessary to identify its characteristics.

Signs of managing an apartment building:

• Activity. Management is always an activity, a process extended over time. The time frame for managing a specific apartment building depends on the life cycle of the building - from the moment of its construction until the moment of demolition.
• An object. The vector of any control is directed to some object.

According to the object of management, forms of management of an apartment building are distinguished:

• Housing management is the activity of managing all premises (apartments, rooms) owned by one person;
• management of common property in the house is carried out by the owners of the premises in the house or by a person attracted by the owners.

Thus, in general, the object of management is an apartment building. The question is what is considered an apartment building. How many rooms and owners of these rooms must there be in a house for the house to be considered multi-apartment? This issue is not regulated by the Housing Code. However, based on established practice, a house with two or more premises can be considered an apartment building if there is at least one owner of these premises.

• Subject. A subject of management is a person, a group of persons, a specially created body or society as a whole who influence the managed object in order to ensure its functioning and movement towards a given goal.

Subject of management:

• carries out management and organizational work;
• makes decisions;
• ensures achievement of set goals.

When managing an apartment building, the subject of management is the owners of the premises in the apartment building (primary subject) or the persons involved by them to manage the house (indirect subject). In some cases, the subject of management of an apartment building may be local government bodies (if the owners themselves do not choose the method of managing the house, local government bodies choose a management company for them, clause 4 of Article 161 of the Housing Code of the Russian Federation).

• Focus. Any management activity has certain goals and objectives. Thus, the management of an apartment building is carried out in order to ensure: favorable and safe living conditions for citizens, proper maintenance of common property in an apartment building, resolving issues of use of common property, as well as providing utilities to citizens living in such a building.
• Coherence and unity. Management of an apartment building, the residential and non-residential premises of which belong to different owners, can only be carried out on the basis of uniform conditions agreed upon by them. Owners can develop these conditions themselves or delegate their rights to formulate them to a person authorized by them, who will represent the interests of all owners when choosing and concluding agreements with management companies.

Thus, the management of an apartment building is a coordinated activity of the owners of premises in an apartment building or persons involved by them, aimed at ensuring favorable and safe living conditions for citizens, proper maintenance of common property in an apartment building, resolving issues of use of common property, as well as providing utility services. services to citizens living in such a house.

How to choose a home control method?

The Housing Code of the Russian Federation imposes on the owners of premises the obligation to choose a method of managing the house within a year before the date of the competition for the selection of a management organization by local government bodies. It is likely that the date of such competitions should be known in advance, that is, at least not less than one year in advance.

The RF Housing Code offers three ways to manage an apartment building:

• direct management of premises owners in an apartment building;
• management of a homeowners' association or housing cooperative or other specialized consumer cooperative;
• management of the management organization.

The choice of management method depends on how many apartments there are in the building, how solvent and disciplined the residents are, what management organizations are on the housing and communal services market, what kind of relationships have developed with resource supply organizations, whether communal and apartment-level metering devices have been installed, etc.

Criteria (conditional) for choosing a method of managing a house:

How to check the work of the management company for the maintenance of a residential building in the Moscow region

Any complaints about the maintenance of common property in an apartment building (MCD) must be immediately eliminated by management companies (MCs). It happens that management companies are in no hurry to fulfill their duties efficiently. What to do in this case for residents of the Moscow region, read on the portal mosreg.ru.

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Responsibilities of the management company

The State Housing Inspectorate summed up the work of management organizations in the Moscow region since the beginning of the year

Source: Main Directorate of the State Housing Inspectorate of the Moscow Region

When a person buys an apartment in a multi-apartment building, he purchases not only the housing itself, but also part of the common property of the building, which belongs to all residents.

This property, in particular, includes inter-apartment landings, stairs, elevators, elevator shafts, corridors, technical floors, attics, basements, mechanical, electrical, sanitary and other equipment, and land under the house.

The common property of the MKD must be maintained in proper form and condition - it must be safe and comfortable to use for its intended purpose. For this purpose, residents create a homeowners' association (HOA) or a cooperative or enter into an agreement with a management company (MC).

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How to tell if your home is poorly managed

If there is insufficient hot water in the apartment, utility bills are inflated, the roof is leaking, mold has appeared on the walls and ceilings, or there are other complaints about the maintenance of the house, the owner has the right to demand that the management company eliminate the violations. Deficiencies must be immediately eliminated by employees of management organizations at the request of residents.

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Where to contact

The first thing you need to do if you have any complaints about the contents of an apartment building is to contact your management company directly.

If a misunderstanding has arisen, management company employees are in no hurry to resolve complaints, or a situation has arisen that requires an immediate response, you need to call the hotline of the Unified Dispatch Service of the Moscow Region (EDS MO) in your municipality or send a request through the website. Today this is one of the most effective methods of influencing management companies. The deadlines for the execution of applications in this system are clearly regulated.

If in this case there is no action on the part of the Criminal Code, the intervention of the State Housing Inspectorate (GZHI) will be required.

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How to initiate a civil housing inspection

Inspector of the State Housing Inspectorate

Source: Main Directorate of the State Housing Inspectorate of the Moscow Region

In order for the department to take up the solution to the problem, it is necessary to issue an official request.

If you have an account on State Services, the request can be submitted through the website of the State Information System of Housing and Communal Services (GIS Housing and Communal Services). Applications are registered within three days.

The second option is to send the application by Russian Post to the GZHI office at the address: Moscow region, Odintsovo urban district, rural settlement of Barvikhinskoye, village of Razdory, 1st km of Rublevo-Uspenskoe highway, house No. 1A. The information contained in the application is verified by inspectors within 30 days.

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Test results

Roof repair

Source: Main Directorate of the State Housing Inspectorate of the Moscow Region

If the State Housing Inspectorate identifies violations of housing legislation on the part of the management organization, inspectors will help influence it and oblige them to eliminate them.

According to the instructions of the State Housing Inspectorate, residents of the Moscow region can receive a refund for housing and communal services that were not provided, services of inadequate quality, or for the fact that the wrong formula was used when calculating fees.

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State Housing and Construction Supervision Service of the Irkutsk Region

29.08.2016

In accordance with paragraph 3 of part 5 of article 20 of the Housing Code of the Russian Federation, officials have the right to issue orders to stop violations of mandatory requirements and to eliminate identified violations.

In accordance with Part 1 of Art. 17 of the Federal Law of December 26, 2008 No. 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” (hereinafter referred to as FZ-294) in the event of detection of violations by a legal entity or individual entrepreneur during an inspection mandatory requirements or requirements established by municipal legal acts, officials of the state control (supervision) body, within the powers provided for by the legislation of the Russian Federation, are obliged to: issue an order to a legal entity or individual entrepreneur to eliminate identified violations, indicating the time frame for their elimination.

In accordance with Article 39 of the Housing Code of the Russian Federation, owners of premises in an apartment building bear the burden of expenses for maintaining common property in such a building.

Owners of premises have the right to both independently carry out actions for the maintenance and repair of common property, and to attract other persons to provide services and perform work on the maintenance and repair of common property, taking into account the chosen method of managing an apartment building.

According to subparagraph “a” of paragraph 10 of the Rules for the maintenance of common property in an apartment building, approved. By Decree of the Government of the Russian Federation dated August 13, 2006 No. 491 (hereinafter referred to as Rules No. 491), the common property of an apartment building must be maintained in accordance with the requirements of the legislation of the Russian Federation in a condition that ensures compliance with reliability and safety characteristics.

In accordance with paragraph 42 of Rules No. 491, management organizations and persons providing services and performing work in the direct management of an apartment building are responsible to the owners of the premises for violation of their obligations and are responsible for the proper maintenance of common property in accordance with the legislation of the Russian Federation and the contract.

Clause 2.1. Part 2 of Article 161 of the Housing Code of the Russian Federation, when directly managing an apartment building by the owners of the premises in this building, persons performing work on the maintenance and repair of common property in the apartment building are responsible to the owners of the premises in this building for the fulfillment of their obligations in accordance with the concluded agreements, as well as in accordance with the rules established by the Government of the Russian Federation for the maintenance of common property in an apartment building.

According to subparagraph 3 of paragraph 2 of Article 161 of the Housing Code of the Russian Federation, owners of premises in an apartment building are required to choose one of the methods of managing an apartment building, which may be the management of a management organization on the basis of an apartment building management agreement concluded with it in accordance with Article 162 of the Housing Code of the Russian Federation.

The management organization, on the instructions of the other party, the owners of premises in an apartment building, within an agreed period for a fee, undertakes to provide services and perform work on the proper maintenance and repair of common property in such a building, to provide utilities to the owners of premises in such a house and to persons using the premises in this building, carry out other activities aimed at achieving the goals of managing an apartment building (clause 2 of Article 162 of the Housing Code of the Russian Federation).

Based on Article 210 of the Civil Code of the Russian Federation, the owner bears the burden of maintaining the property he owns, unless otherwise provided by law or contract.

The contents mentioned in this article include the costs of current and major repairs, maintaining the property in working order. In a number of cases, the legislator provides for the transfer of the burden of maintaining property from the owner to other persons.

By virtue of Article 39 of the Housing Code of the Russian Federation, owners of premises in an apartment building bear the burden of expenses for maintaining common property in such a building. Rules for the maintenance of common property are established by the Government of the Russian Federation.

Decree of the Government of the Russian Federation dated August 13, 2006 No. 491 approved the Rules for the maintenance of common property in an apartment building. These Rules regulate relations regarding the maintenance of common property owned by the right of common shared ownership to the owners of premises in an apartment building.

Specific requirements for the maintenance of the housing stock are determined by the Rules and Standards for the Technical Operation of the Housing Stock, approved by Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170.

In addition, paragraph 10 of Rules No. 491 stipulates that the common property of the house must be maintained in accordance with the requirements of the legislation of the Russian Federation in a condition that ensures, along with other requirements, compliance with the reliability and safety characteristics of an apartment building; safety for the life and health of citizens, safety of property of individuals or legal entities, state, municipal and other property; compliance with the rights and legitimate interests of premises owners, as well as other persons.

Paragraphs 16 and 17 of the same Rules establish that when managing an apartment building through the involvement of a management organization, the proper maintenance of the common property of the apartment building is ensured by the owners by concluding a house maintenance agreement with such an organization, determining at a general meeting the list of services and works, the conditions for their provision and implementation, as well as the amount of funding.

Based on paragraph 42 of Rules No. 491, management organizations are responsible to the owners of premises for violation of their obligations and are responsible for the proper maintenance of common property in accordance with the legislation of the Russian Federation and the contract.

In turn, the requirements and standards for the maintenance and servicing of the housing stock are determined by Rules No. 170, which are mandatory for both property owners and management organizations.

In addition, Rule No. 170 lists what exactly should be included in the maintenance and maintenance of a house, and also indicates the parameters and conditions that, in order to ensure the safety of people and the safety of a residential building, the building structures of this house must in any case meet, regardless of the wishes of the owners of individual its premises and their inclusion of relevant works and services in the contract with the management company.

Based on the above norms of current legislation, the applicant, as a management organization, is obliged to provide favorable and safe living conditions for citizens, carry out actions for the maintenance and repair of common property or attract other persons to provide services and perform work on the maintenance and repair of such property.

In addition, from the resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 29, 2010 No. 6464/10, it follows that all current, urgent, mandatory seasonal work and services are considered provided for in the contract due to the norms for maintaining the house as an object and must be carried out by management companies independently depends on whether the relevant specific actions are mentioned in the contract and whether there is a special decision on the need for their implementation by the general meeting of owners of the premises in the house.

The work that needs to be carried out to eliminate identified violations is mandatory for organizations managing apartment buildings.

Management organizations act in these relations as specialized commercial organizations that manage apartment buildings and this activity is their main activity and they bear the risk of liability.