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Filing a complaint to the management company
If the situation does not develop in such a way that it is necessary to immediately intervene in it, you can write a written statement to the management company itself. Write a complaint about the work of a dispatcher or an ordinary employee to the site manager or director. Most often, a written request helps solve the problem.
In accordance with the law, the management company must respond to the applicant’s request no later than 10 working days. If there is no answer, go to the next authorities.
It is important that the application to the management company be prepared in duplicate. One is sent to the office of the management company, the other remains with the applicant. It is important that the applicant’s copy bears an acceptance mark.
Where to go if the management company is inactive?
Read how tariffs for utility services are set in management companies here.
Is it possible to change the management company for the house, read the link:
Stages of implementation
The management company draws up a repair plan annually. You can find out whether a certain entrance is included in the list for the near future by contacting its board. Reasons for including a house in the plan:
- an act drawn up by specialists after inspecting the premises;
- residents' application;
- accidents, breakdowns.
For each type of work, the deadlines established by law must be observed. With planned maintenance, this is 22 days per 1000 m2. The elevator breakdown must be repaired within one day. If doors or windows are damaged, then in winter the fault must be repaired in one day, in summer - in three.
Sample complaint to the Criminal Code
It is possible to achieve any results in solving the problem with the management company only by drawing up a written complaint.
Attention! A sample complaint form looks like this:
- the header of the application indicates the full name of the citizen and the full name of the Criminal Code;
- the complaint should be called “On violation of the maintenance of an apartment building.” Write this name in the center;
- in the application itself you need to describe the essence of the problem, indicate the condition of the entrance;
- the complaint must contain demands for repair work indicating the time frame;
- At the end of the appeal there is a date and signatures.
It is important that as many residents as possible sign the claim. This will make it possible to achieve results faster.
If a refusal was received from the Criminal Code?
If the repair was never carried out or the management company refused to carry it out, you should file a complaint with the Housing Inspectorate - this body is authorized to monitor the activities of housing and communal services workers, including holding the management company employees accountable.
Submitting a complaint is possible both by e-mail and by post.
The application must contain information about:
- The problem that has arisen;
- References to the provisions of the agreement;
- The results of consideration of the claim in the Criminal Code;
- A request for an inspection of the work of the management company and an obligation to carry out repair work.
It would be useful to attach the following documents :
- A copy of the agreement with the management company;
- A copy of the application previously submitted to the Criminal Code;
- A copy of the written response of the management company to the tenants’ complaint;
- List of works compiled by the general meeting;
- Entrance inspection report (defective statement).
A response from the Housing Inspectorate should be expected within a month.
Contacting the State Housing Inspectorate
If you cannot reach an agreement with the management company, write a statement to the housing inspectorate. This is one of the most important government bodies that can affect the activities of the management company. Sometimes it’s enough just to call the housing inspection, and the issue begins to be resolved.
The administration of the management company tries not to come into conflict with the housing inspection, since if an inspection is organized, the management company will face a fine. In addition, an order will be issued to correct the problems. If the Management Company does not comply with the order, another fine will be imposed.
The powers of the housing inspection include monitoring the activities of management companies and the condition of the housing stock.
Laws and regulations governing repair work in apartment buildings
The legislation of the Russian Federation clearly stipulates all the details, responsible persons and financing of repair work at the entrances of apartment buildings. Main legislative acts on this issue:
- Housing Code of the Russian Federation Art. 166.
- Federal Law No. 185 of 2007.
- Decree of the State Construction Committee of 2003 No. 170.
- “Methodological manual for the maintenance and repair of housing stock. MDK 2-04.2004" (approved by the State Construction Committee of Russia).
Repairs can take place either as planned or at the initiative of residents, but in the latter case the procedure becomes more complicated.
How to write a complaint to the State Housing Inspectorate
A complaint addressed to the housing inspection is similar in form to a complaint to the management company.
It contains the following items:
- in the header of the appeal the full name of the tenant, his contact details, and residential address are written;
- the title is “statement of violation of house maintenance rules”;
- the text of the complaint must state the violations and indicate the address;
- write down the requirement to conduct an unscheduled audit of the management company’s activities;
- The date and signature are placed at the bottom of the complaint.
The appeal is drawn up in two copies. One copy remains in the hands of the applicant. It must bear the signature of the housing inspector who accepted the application.
If the complaint was sent by email, you should receive a response back stating that it has been accepted. The response must be received no later than 30 days.
ATTENTION! Look at the completed sample complaint to the State Housing Property Committee against the Criminal Code:
Who should do it?
The entrance belongs to public areas. The clause about who is responsible for keeping the entrance in order and carrying out current and cosmetic repairs in it, as well as at whose expense they are done, should be in the agreement on the management of an apartment building (read about the standards of order and cleaning in the entrance here). Typically responsible for carrying out repairs:
- Management Company;
- Homeowners Association Management;
- Real estate owners association.
In addition, repair work is divided into planned and unscheduled. Unscheduled repairs are carried out in case of flooding, fires, and also after various emergency situations when the appearance of the entrance and communications have been damaged.
The entrance belongs to all owners on the basis of common shared ownership . The share of each depends on the area of the apartment. Repair work also includes maintaining mailboxes in good condition. According to the Federal Law “On Postal Services” dated July 17, 1999 No. 176-FZ, mailboxes must be installed by the construction company that is building the apartment building, where you can contact at any time.
Appeal to the District Prosecutor's Office
One of the most effective ways to solve any problem is to contact the prosecutor's office. She can check any organizations. The only difficulty is that employees are overloaded with work. Often because of this, instead of checking, citizens receive unsubscribes.
An exception is the case if neither an appeal to the management company nor an appeal to the housing inspection yielded any results. In such a situation, you can file an appeal to the prosecutor's office.
In some cases, prosecutors may file claims in court.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
What is included in the renovation of the entrance
The safety of everyone who uses steps and handrails is inextricably linked with the condition of the porch and stairwells in a high-rise building. Due to the large number of people entering/exiting the entrance, the stairs and landings quickly wear out, and the railings break. Since the base of the entrance, canopy, steps and handrails are common property, the repair of the porch in an apartment building is the responsibility of the management company. In order for restoration work to be carried out, a collective application must be submitted.
Often, residents do not know who owns the basement in an apartment building. This room contains pipes and technical structures that allow the entire infrastructure of the building to function. If the apartments in the building are not privatized, then the basement is municipal property. Otherwise, the common property of the house, including the underground floor, is in their possession in the appropriate shares.
Capital
The concept includes all significant measures aimed at improving the condition of communications and structural elements of the building. Their list is recorded in Art. 166 LCD:
- replacement of elevator equipment;
- restoration of the roof, foundation;
- basement renovation;
- renovation of the building facade.
Citizens who own apartments in a high-rise building make monthly contributions, which form a capital repair fund. You can learn about the features of making payments from Art. 171 LCD.
Cosmetic
During operation, cracks appear on the walls of the entrance and plaster crumbles. Eliminating these problems falls under this concept. In addition, cosmetic repairs of entrances include whitewashing the ceiling, painting railings, frames, and elevator slopes. This also includes glass replacement.
European-quality renovation
If residents decide to opt for this type of work to improve the appearance of the premises, they must be prepared to incur the corresponding costs. It is planned to use more expensive construction and finishing materials, as well as innovative technologies in this area.
How to write a complaint against the Criminal Code to the Prosecutor's Office
A complaint to the prosecutor's office about the actions of the management company must contain the following information:
- The header of the appeal indicates the body to which the complaint is addressed. Next, indicate the applicant’s full name and contact information. Also, the header of the document should contain information about the management company and the house it serves;
- The word “complaint” is written in the center of the statement, then the essence of the problem is stated in detail. It is necessary to specify which clauses of the contract are not fulfilled by the management company, and which requests were sent by residents to solve the problem. It is necessary to describe what the management company’s response was to the residents’ requests;
- after describing the essence of the problem, a request is indicated to employees of the prosecutor’s office to take measures regarding the actions or inactions of the management company;
- there must be an appendix that indicates all the papers attached to the application;
- Below is the date of submission of the appeal and the signatures of all interested residents.
The complaint can be submitted in person, or sent by registered mail with an inventory, or by filling out a special form on the official website. The period for consideration of citizens' appeals is 30 days.
ATTENTION! Look at the completed sample complaint to the Prosecutor's Office against the Criminal Code:
How often is it done?
According to the law, the frequency of cosmetic and major repairs must be specified in the management agreement for the apartment building.
Cosmetic repairs are usually carried out every 3 or 5 years, depending on the classification of the house and the degree of wear and tear. There are also separate deadlines for the repair of some structures. For example, an elevator should be replaced or repaired after 25 years of service. Roof upgrades occur every 10 years (how do you file a roof leak claim?).
The frequency of major repairs is most often set for the entire house by local governments; it is they who decide how many years to carry it out. But the entrance is an area with increased wear and tear, so residents of the house can contact the Management Company or directly contact local authorities to speed up the process. Typically, the period for major repairs is once every 10 years.
If residents are going to repair their entrance from the capital repair fund under the state program, then on the website you need to find out exactly when the deadline for a particular house is.
Trial
Filing a claim is a long process that often requires legal assistance. But this is the most reliable way to solve the problem. The court decision will be compulsorily executed by the management company.
To prepare a statement of claim, it is necessary to collect evidence, responses from government organizations, and receipts for payment for services.
Notice! An application is submitted to the district court in the following situations:
- if the dispute does not concern property issues;
- if the price of the statement of claim does not exceed 50,000 rubles;
- When filing a claim, the applicant cannot independently determine the amount of damage that the management company caused to him by violating the law.
An application is also submitted to the district court if its purpose is compensation for moral damage.
Watch the video. How to make housing and communal services work for free?
Cost for 2021
Since each apartment owner contributes a monthly amount for the maintenance and restoration of common property, the answer to the question of who pays for cosmetic repairs at the entrance is obvious. It is from these funds that the work is paid for. The table below shows approximate prices for measures to restore the entrance, giving the premises an aesthetic appearance.
Number of floors of the building | Type of repair | Cost of work, thousand rubles. | Cost of material, thousand rubles. | Total, thousand rubles |
3 | cosmetic | 30 | 15 20 | 45 60 |
capital | 40 | |||
5 | cosmetic | 40 | 25 30 | 65 80 |
capital | 50 | |||
7 | cosmetic | 60 | 30 50 | 90 120 |
capital | 70 | |||
9 | cosmetic | 80 | 50 80 | 130 170 |
capital | 90 | |||
12 | cosmetic | 120 | 60 90 | 180 240 |
capital | 150 | |||
from 14 to 16 | cosmetic | 140 170 | 70 110 | 240 280 |
capital |
The figures presented are based on minimum prices. Obviously, the cost of repairing the entrances of apartment buildings using innovative technologies and modern materials will be higher.
Budgeting
Before carrying out work, the management company must draw up a cost plan for materials and remuneration of specialists. This document will make it possible to make the most efficient use of the funds allocated for the expenditures indicated in the plan. For more accurate calculations, it is advisable to order the services of a professional independent estimate specialist.
How to change the management organization
If difficulties regularly arise with the management company, it is best to change it. To do this, residents must assemble an initiative group, headed by a senior person in the house. Then the residents turn to another management company with a request to organize a general meeting.
But several factors must be taken into account. It is not a fact that the new management company will work better, and it may also have friendly relations with the old management company.
As an alternative way to solve the problem, you can create your own HOA. In such a situation, the residents themselves will decide on housing repairs.
Evaluation of completed work
Once the renovation work begins, residents should constantly monitor the process.
It is necessary to record all stages of the repair. It is possible to use photography or draw up inspection reports. It is mandatory to require the drawing up of hidden work reports
After the renovation is completed, it will be necessary to create a selection committee consisting of representatives of the Housing Inspectorate, the contractor company, and employees of the management company. Deputies of municipal bodies may be invited as independent appraisers.
If the repair is made with defects, you should not accept the work and sign the report, since the request for the next repair may be made no earlier than in 3-5 years.
Where not to complain
Often, residents themselves make mistakes by sending an application to the wrong place. As a result, they remain unconsidered.
Please note! There is no need to send complaints to the following authorities:
- to the police - such an appeal will be returned with a note that the citizen has a civil dispute;
- You can't skip authorities. For example, it is not recommended to write a statement to the regional prosecutor's office if an appeal has not yet been sent to the district office. The complaint will be pushed down, resulting in the complainant losing time;
- to the governor's office. Such an appeal would be appropriate only if appeals to the housing inspectorate and the prosecutor's office did not help;
- deputies - the applicant’s complaint will simply be redirected to another body.
There is also no point in complaining to the elder in the house. He does not resolve any issues regarding repairs, but can provide support in drawing up a collective complaint from residents.
Summing up
A set of measures to restore the condition of the entrance can be minor or global in nature (cosmetic or major repairs). Both types of work must be carried out by the organization carrying out trust management of common property. If repairs are not carried out, residents must first submit an application to the management company. In the absence of a positive reaction, they file a complaint about the inaction of the management company. It can be addressed to the Housing Inspectorate, the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, or the prosecutor's office (depending on the situation). The court will help to finally resolve the issue.
List of works that must be provided by the housing office
The responsibilities of the management company include carrying out repairs at the entrance. In accordance with the law, the frequency of repairs must be at least once every five years. Repairs can be carried out earlier if the house is worn out and the majority of residents vote for the work to be carried out.
It is important for citizens to know that the management company is obliged to carry out repair work at the entrance even if they are not specified in the contract. Moreover, if this is not a major repair, then residents do not have the right to charge additional fees. All expenses are already included in the housing maintenance rates. In such a situation, it is important for residents to be able to distinguish major repairs from ordinary ones, so as not to incur unnecessary expenses.
The list of major repairs that must be carried out in apartment buildings using funding from the capital repair fund is enshrined in Article 166 of the Housing Code.
Attention! This includes repairs:
- roofs, facades and basements;
- engineering systems inside the house. These include water, gas, and heat supply systems;
- equipment for elevator operation;
- foundation of an apartment building.
Entrances are not included in this list of works. But there are methodological recommendations from 2004, which indicate that these are routine repairs that are carried out to restore the functionality of a residential building. The list of such works includes painting and glass work, which are carried out in utility rooms. The entrance belongs to this type of premises.
But not all entrances need to whitewash the ceiling. Therefore, the residents determine the list of works independently and record it in the minutes of the meeting. After the list of works has been compiled, residents contact the management company. You need to provide her with a list of work.
It may include the following:
- painting the ceiling and walls;
- replacement of glass or individual window elements;
- front door repair;
- replacement of lamps;
- repair of electrical panels doors, as well as their replacement;
- installation of handrails at the entrance to the entrance;
- repair or replacement of mailboxes;
- replacement of individual sections of floors.
This is an incomplete list of works, which can be expanded at the request of residents. For example, they need to install an additional door at the entrance.
Procedure
There are two ways to influence the management organization, which management company representatives prefer to remain silent about.
- Meeting of owners of residential premises of apartment buildings and a decision on carrying out any types of repairs
- Application for repair of the entrance from the owner of the residential premises to the management organization
Laws in the housing sector provide for priority management of the house by the residents themselves. Representatives of management organizations often talk about this. But current housing repairs - glazing of windows, repairs in the entrance premises, canopy - all this must be maintained in standard condition and without the intervention of a meeting of residents. That is why any home owner can write an application for repairs to the entrance to the management organization. This will be even more correct.
Complaint to the Criminal Code
By default, it is incorrect to assume that the management company will not repair the entrance and in every possible way avoid fulfilling its responsibilities for maintaining the house. But it would be legally correct to write not just a statement, but a statement-complaint, with which you can then immediately go to the inspection authorities.
Before filing a complaint, collect evidence. For example, photographs of a destroyed visor or broken windows.
How to write
Writing an application for renovation of an entrance to an apartment building is quite simple. In fact, it is prepared in free form. But it will be correct to comply with the norms of civil law.
- We prepare the application on a regular A4 sheet.
- First, we draw up a header - write where exactly the application goes. For example: “To the manager, address is such and such a city, such and such a street, such and such a house.” The name of the management company can be found on the payment slip that comes to you monthly for housing payments
- The word “Statement” and let’s get to the point. “I, full name, owner of apartment No. N in the building at (indicate the address) ask you to fulfill the obligations imposed by the Housing Code of the Russian Federation and Decree of the Government of the Russian Federation No. 290 and to fulfill the obligations for maintaining the property of an apartment building. In particular…". And then we describe the essence of the claims.
- You need to specifically, but without emotion, describe the problems that need to be eliminated. There is no need to write that it is cold in the entrance because the windows are broken. Need: “I demand glazing in entrance No. 1 of building No., since this requirement is specified in resolution No. 290.” There are no emotions, there are no causes or consequences - you simply demand that the management company do their job.
- Add evidence of your words to the application - photographs of what requires repair
- Enter the date, provide your details – full name and address, contact phone number. Sign it.
A sample application for the repair of an entrance can be found on our website ().
Representatives of the management organization must respond to your application within a month. There are two ways to transfer paper:
- Make two copies of the application to the Criminal Code for the repair of the entrance and take it to the office of the management organization. The secretary must put a date stamp indicating that the application has been accepted for consideration. If you are refused, don’t waste your time and move on to option number 2
- Just send it to the address of the management organization, which you can find out from your monthly payment receipt by mail. Send by registered mail with a valuable inventory - this way you can then prove that there was definitely a complaint.
That's the whole algorithm of actions. Let's repeat:
- Collecting evidence
- We study a sample application to the UK for the repair of an entrance
- We transfer it to the management company
- We are waiting 30 days for the results of the repair.
If nothing happens, it’s time to start influencing the management organization with regulatory authorities.
Broken windows
Often, in our entrances, regardless of the time of year, there is wind, wet from rain or snow. Broken windows in stairwells are one of the problems that housing department employees do not strive to quickly eliminate.
Now is the time to find out who should change the windows in the entrances.
Who should change the windows in the entrances?
Meanwhile, the house management company is obliged to glaze a broken window within one day in winter and three days in the warm season. This is stated in Appendix No. 2 of the Rules and Standards for the Technical Operation of the Housing Stock.
Therefore, all the excuses and replies from housing office employees have no basis. Demand to replace the glass with a whole one, without any hesitation. Let us repeat, this is the direct responsibility of the management company.
How to file a complaint
Contact the housing inspector. This is the first thing you should remember when utility companies refuse to provide quality services. This service was created to control the negligent actions of housing and communal services employees.
We will describe in detail the procedure for detecting a broken window in the entrance:
- contacting your management company;
- if refused, contact the State Housing Inspectorate;
- filing a complaint;
- submitting an application by sending a registered letter with notification or handing it over personally to an employee;
- wait thirty days before the decision is made (this period is established by law);
- After making a decision to eliminate the problem, utility companies will have forty-five days to eliminate the malfunction.
Of course, because of such a trifle as broken glass, it is unlikely that you will have to initiate a complaint procedure with the housing inspectorate and housing department employees will glaze the window. But you still have an effective method for fighting.
You can download an application for replacing windows in the entrance here.
Application for replacement of windows in the entrance
Application for replacement of windows in the entrance - 1
Application for replacement of windows in the entrance - 2
Application for replacement of windows in the entrance - 3
What should residents do if their staircase (steps) in their entrance has not been repaired for a long time, just as the broken floor tiles have not been replaced? We will talk about this below.
The video below explains how the Criminal Code should work regarding the replacement of windows in entrances: