How to write a competent application to the HOA and what to do if it is not accepted?

Flooding of the living space Problems in the heating system Roof leaking The need to move the garbage container Installing seals on meters

When apartment residents need certain unscheduled measures , they have the right to make an application to the HOA.

You can learn about how to create an HOA and enter into maintenance agreements with the management company and owners of residential premises from our articles.

Goals

On what issues can I contact the partnership with applications? Typically, an appeal is drawn up in order to eliminate any problems in the house or to draw the attention of the chairman to a problem that has suddenly arisen.

Since conflicts between owners and HOAs arise quite often, we can identify the main problems in which apartment owners make statements to the chairman:

• The roof is leaking . The text of the application must indicate the location of the leak, the causes, if known, and also propose options for eliminating the accident. The complaint should end with a request to take action.
• Flooding of the apartment . The application is drawn up indicating the reasons, apartment number and nature of the accident (it is important to describe all damage and consequences of the flood). If the flood occurred due to the fault of neighbors, then you need to write down their apartment number.
• Installation of seals on metering devices . The responsibility of the HOA is to seal the meters. The installation of seals is not always carried out in a timely manner. To achieve a result, it is advisable to write a collective statement, which outlines the essence of the problem and indicates the details of the owners.
• Rearranging trash cans . One of the common problems with apartment buildings is the location of containers too close to apartment windows. Because of this, residents suffer from an unpleasant odor. The application will need to clearly state the requirements and reasons why the tanks need to be moved.
• No heating . If the lack of heat in the house is not related to repair work or the end of the season, then a collective complaint must be filed. It is advisable not only to state the essence of the problem, but also to demand compensation due to the lack of heat supply.

Attention! There can be many reasons for filing applications, since the chairman does not always fulfill his duties in good faith and on time.

What do HOA members complain about?

The main reason for complaints about the partnership is its ineffective work. Often, after creating an HOA, residents notice that only their rent has changed. Moreover, in the direction of increase. Otherwise, the living conditions remained the same as they were when the management company was in charge of everything.

The most common reasons for a complaint against an HOA are:

• unreasonable and excessive increase in utility tariffs;
• misuse of funds collected from HOA members;
• abuse of power by the chairman of the partnership and other members of the board;
• unjustified delay in current building repairs;
• making arbitrary decisions that do not comply with Russian laws or the charter of the HOA itself;
• long-term elimination of the consequences of accidents.

In such cases and in other conflict situations, any member of the created partnership has the right to complain about the HOA. But for a complaint to have any effect, it must not only be drafted correctly, but also sent to the right address.

Content

The application does not have specific rules for writing or structure . But if residents want to get a positive result and achieve fulfillment of their demands, the main points should be taken into account:

1. Document header . In the upper right corner you need to indicate the legal address of the partnership, its name, as well as the full name of the chairman. Under this information there should be information about the applicant: full name, residential address, telephone number or email address.
2. The title of the document is “Application” . It is written under the heading in the middle of the sheet.
3. Main part of the document . Here you need to describe in detail the essence of the appeal, as well as formulate clear requirements. If residents request that certain problems be corrected, their location and nature must be indicated.
4. Signature and date . If the application is a collective one, then everyone who took part in its preparation must sign.

Reference! Evidence or confirmation of a particular violation or malfunction can be attached to the application. These may be photographs or videos. Their availability is indicated at the end of the document under the “Appendix” item.

Procedure for admission

So, the document is ready, what next? It is advisable for the author to find some competent witness willing to confirm the existence and severity of the problem.

For example, if the problem concerns plumbing (a pipe burst, flooding), call a professional. Let him, after reading the paper, sign at the bottom.

It happens that there are no specialists/they don’t agree/the problem is different. Then the applicant will be helped by third-party witnesses - the closest neighbors. It is enough to describe to them what happened and demonstrate the consequences. Then show them the written complaint. Let them, after reading it, sign below. There is no need to notarize such applications. Enough with witness signatures and literate text.

As a rule, your HOA is located nearby, and it is possible to visit it in person. This is the best option; you can support the appeal with a verbal request. If this option is excluded, then send it by mail.

Important: when visiting the board in person, the applicant will be able to show both copies of his application, and at the same time ask the secretary or accountant accepting the documents to sign the second one. In addition, the acceptance date was indicated.

How to write correctly?

The application is written on a sheet of A4 paper in black or blue ink. Printing text on a computer is allowed. Text style is official. The use of jargon and slang is unacceptable. If we are talking about a violation by the chairman of his official duties or the rights of owners, it is recommended to refer to articles of law.

The document is drawn up in 2 copies. The first is submitted to the HOA, the second remains in the hands of the applicant as evidence of a written application.

Here is an example of writing a statement about a roof leak.:

1. Fill out the header of the document . Example: To the Chairman of the HOA “Rassvet”, Volgograd, st. Nikitina, 23, Eliseev P.P. from Goryunov B.B., living at the address: Volgograd, st. Elovaya, 20, apt. 2., phone number: 8-900-876-943-71.
2. The main part in this case should begin with the fact that a leak has been detected. Variant of writing: “On Friday, September 15, 2017 at 15:00, I discovered a roof leak at the address. Elovaya, no. 20, apt. 2. The location of the leak is the corner of the ceiling adjacent to the façade of the building.”
3. Next you need to point out the consequences . Example: “As a result of a leak in the kitchen, the whitewashed ceiling was damaged (damage area 2 sq. m.); The wallpaper came off the walls, the TV broke due to water getting into the case. The leak was caused by the HOA.”
4. In the next paragraph, it is necessary to cite the articles of the law , in accordance with which the applicant’s rights were violated, and refer to the fact that the HOA is obliged to provide high-quality services for maintaining the house. Example: “HOA “Rassvet” is a provider of services for the maintenance of common property, therefore it is obliged to provide consumers with services that meet the requirements of the standards. At the moment, MKD maintenance services are provided with violations (Article 4 of the Law “On Protection of Consumer Rights” and Article 10 of PP No. 491 of August 13, 2006).
5. The last paragraph should contain the statement of the requirement . Example: “Guided by Article 4 of the Law “On Protection of Consumer Rights” and Article 40-42 of PP No. 491, I demand that you immediately take measures to eliminate the leak within 24 hours and carry out repairs to the premises damaged as a result of flooding.”
6. In conclusion, you can clarify further actions that will follow if the HOA does not take measures to correct the problems. Example: “If the Rassvet HOA refuses to fix the leak, I intend to file a complaint with the Housing Property Inspectorate and the prosecutor’s office due to your organization’s violation of Art. 7.22 Code of Administrative Offenses of the Russian Federation.”

Important! If other documents are submitted along with the application (photo or certificate of examination), then their list must be indicated at the very end under the “Appendix” item.

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

Innings

The document can be submitted in two ways:

• personally take it to the HOA;
• send by email.

It is advisable to use the first option, since email messages are not recorded in the HOA log, which means that a response and result may not follow.

As in any organization, in an HOA it is very important to ensure that the partnership’s documentation is in order. Read about how to correctly draw up documents, including employment contracts, powers of attorney and audit commission reports.

Who draws up and certifies?

Registration - this means the preparation of the document is carried out by the applicant himself. You do not need any help from others in this matter. As a last resort, you can contact the secretary of the board for help. There is no need to certify applications to the HOA.

If the application is submitted by a citizen who is not a member of the HOA on behalf of the apartment owner, a power of attorney certified by a notary will be required. You can certify that the addressee has received the application by asking the secretary to sign the copy remaining with the owner, marked “received.”

If they don't accept

What to do if your application was refused? In this case, you need to file a complaint with higher authorities:

1. Housing inspection . This organization must be contacted regarding violations in the work of the HOA and its failure to fulfill its direct responsibilities.
2. Prosecutor's office . It makes sense to complain about the HOA if we are talking about financial fraud and gross violation of the laws of the Russian Federation.
3. Court . Filing a complaint to court is then appropriate. when appeals to previous authorities did not give a positive result.

A well-written statement does not guarantee a solution to the problem , but it increases the chances of obtaining the desired effect. If the request is not satisfied, the applicant must receive a written response from the chairman regarding the refusal.

Claim for improper performance of obligations by the chairman of the HOA, sample

If the chairman of the partnership does not perform his duties properly, the owners of the HOA can act in different ways. Firstly, they can raise the issue of removing his powers at an extraordinary meeting of the partnership.

Secondly, they can complain about his unlawful actions (inaction) to the Prosecutor's Office or file a lawsuit. The judicial authorities may consider claims to compel the fulfillment of obligations or compensation for damage caused by the unlawful actions of the chairman.

To successfully consider a case, it is important to draw up an application correctly, competently substantiate your claims, and provide the necessary evidence. Documents substantiating the stated demands must be attached to the claim. The claim form can be found below.

Download a sample claim from the link. ⇐