Agreement with the management company
According to the provisions of Art. 162 of the Housing Code of the Russian Federation, the management company enters into an agreement with residents , where the above-mentioned organization, for a fee, undertakes to manage and maintain an apartment building, carry out repairs to the premises, provide utilities to residents, etc.
Naturally, all detailed information is indicated in the contract itself or on the official website of the management company , where you can find out:
- a list of services provided by the management company in your home;
- the total area of the house and the number of living owners;
- the period for which the contract was concluded;
- the price of the contract and the amount of your payment;
- mutual responsibility;
- control over fulfillment of obligations and reporting.
Usually, one copy of the contract is given to each homeowner , so read its provisions carefully to avoid any misunderstandings.
Otherwise, it is quite possible that the management organization did not undertake to perform certain services under the contract (for example, major repairs).
If the contract is lost , then go to the official website of the management company and read all the necessary information.
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The management company (MC) for the maintenance of an apartment building performs a number of functions in the Moscow region - from garbage removal and order in the entrance to the repair of communications. Therefore, if problems arise in the house, you should first contact the management company. What is the responsibility of the management company and where to go if it does not fulfill its functions, read the material on the mosreg.ru portal.
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Requirements for the management company
To carry out its work, a management company (MC) for the maintenance of apartment buildings in the Moscow region must have a license to manage an apartment building.
The conditions for obtaining a management license for managing an apartment building are:
- registration of individual entrepreneur or legal entity;
- absence of a previously revoked license,
- ensuring free access to information about activities,
- compliance with requirements for the maintenance of houses and rules for the provision of utilities.
The head of the management company must also meet a number of requirements, including:
- availability of a qualification certificate,
- absence of disqualified persons in the register,
- absence of outstanding convictions for crimes in the economic sphere, crimes of moderate gravity and especially serious ones.
Information about the activities of the management company should be published on the organization’s website or on the official website of the local government.
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Area of responsibility of the management company
Thermal insulation of pipes in the basement
Source: Main Directorate of the State Housing Inspectorate of the Moscow Region. The responsibilities of the management company include a number of functions:
- roof repair work, cleaning the roof from snow and ice in winter,
- repair of communication systems,
- sewer cleaning,
- cleaning the entrance, monitoring the lighting in the entrance, painting and whitewashing the entrance,
- carrying out disinfection measures in the basement,
- interaction with elevator equipment maintenance companies,
- maintenance of the local area: yard cleaning, tree care, garbage removal,
- preparation for the heating season - checking communal meters, etc.
If any problems arise in the house, you should first contact the management company.
However, there are times when the management company brushes off the problem or simply does not respond - this is a reason to contact higher authorities.
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Where to contact
Laptop
Source: Ministry of Energy of the Moscow Region
You can find out which management company services your home on the website of the State Corporation - Fund for Assistance to the Reform of Housing and Communal Services in the “My Home” section, selecting the appropriate region of Russia (Moscow region), municipality and the address of your home. Also, information about the management company is usually posted on an information stand next to the house or in the entrance.
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State Housing Inspectorate
Badge of the State Housing Inspectorate of the Moscow Region
Source: Main Directorate of the State Housing Inspectorate of the Moscow Region
If the management company ignores the requests of residents, then you need to contact the State Housing Inspectorate of the Moscow Region - it is this body that oversees compliance with legislation in the field of housing relations. Applications can be found on the department’s website in the “Documents” section.
The appeal can also be sent through the feedback form on the State Housing Inspectorate website, by email: [email protected] , or by mail to the address: 123592, Moscow, st. Kulakova, 20, bldg. 1, technopark "Orbita-2", 7th floor.
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"Dobrodel"
Yandex search engine
Source: Photobank of the Moscow region
You can also submit a complaint through the Dobrodel portal. After logging into your personal account, you need to click the “Report a problem” button, then select the topic of the problem – “Management companies”, select a subtopic and fill out the request form.
When do you have to go to court?
In what case should you sound the alarm and file a lawsuit? The grounds are any violation of the provisions of the contract with the management company, improper fulfillment of obligations or simply evasion of them.
For example, the list of such grounds includes:
- violation of sanitary and hygienic standards . For a long time, the management company does not carry out wet cleaning of entrances, stairs, elevators, wall surfaces, windows, ceilings, lamps, mailboxes, basements, attics, etc. or all of the above activities are carried out improperly;
- violation of maintenance of various premises in apartment buildings . The organization does not consider it necessary to engage in the maintenance and technical maintenance of attics, basements, staircases, entrances, lobbies, etc.;
- failure to carry out technical maintenance of the building , repair work in apartment buildings. The company does not regularly conduct scheduled inspections of premises; does not clean water supply systems, garbage chutes, central heating systems, and also does not carry out repairs of premises, engineering equipment, etc.;
- failure to carry out maintenance of engineering equipment in apartment buildings . The organization does not properly repair and clean the ventilation, heating, electrical equipment, gas supply, fire automatics, etc.;
- poor quality provision of public services , which are guaranteed to citizens by the Federal Law “On the Protection of Consumer Rights”. For example, electricity and heating in the house do not work well, hot water is constantly turned off, etc.
Requirements for the use of common property
In accordance with Part 1 of Art. 36 of the Housing Code of the Russian Federation, the owners of premises in an apartment building, on the right of common shared ownership, own the common property in the apartment building. The use of this property is limited by two requirements.
- The use of common property can only occur with the consent of the owners themselves. Let us remind you that decisions of owners on the use of common property, as well as reconstruction of apartment buildings must be made at the general public meeting by at least 2/3 of the votes of all owners of premises (clauses 1–3, part 2, article 44, part 1 Article 46 of the Housing Code of the Russian Federation).
- Even the use of common property agreed upon by the owners should not violate the rights and interests of the owners, tenants of premises and public interests.
In practice, quite often disputes arise related to violation of the procedure for using common property. For example:
- illegal use of attic and basement spaces;
- the use of corridors and staircases for storage by individual owners of personal belongings, and sometimes the installation of various cabinets or even permanent fences;
- installation of advertising structures, systems for collective reception of television and radio, illegal construction or placement of barriers in the local area, denial of access to common building equipment.
Not only the owner or user of the premises, but also third parties, including the management organization, TSN or residential complex, can violate the rules of use.
To resolve such disputes in court, we advise you to adhere to the following algorithm.
Can the owner not pay for the maintenance of the common property of an apartment building?
Pre-trial dispute settlement
There can be many situations and reasons for going to court. It is also worth noting that this type of dispute does not require mandatory pre-trial regulation , but judges have different attitudes to this issue and often make a decision not in favor of the plaintiff due to the lack of an initial claim against the management company (how to write a complaint to the management company correctly?) .
You are filing a claim in free form, since the law does not provide for mandatory requirements for its content.
However, according to general unspoken rules, you must indicate in your claim :
- sender's name and details;
- name and details of the management company and the official to whom the claim is sent;
- the circumstances and facts on which you base your claims;
- specific violations of contract terms or laws;
- the requirements and recommendations themselves;
- personal signature;
- date of.
Pre-trial claim to the management company, sample.
For reinsurance purposes, you must submit your claim to your property management company by certified or certified mail (preferred), return receipt requested.
Or you can personally come to the organization to an official, where the claim will need to be drawn up in two copies.
If the management company does not respond to you within 30 days , as provided for in Article 12 of the Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” or promises to fix everything and does not take any action, then feel free to go to court.
You also have the opportunity to file a complaint against the management company and the supervisory authorities (Housing Inspectorate, Rospotrebnadzor, Prosecutor's Office) as an alternative. This will only be your advantage in court proceedings.
Separately, it is worth noting that the management company quite often refers to a lack of funds or insufficient payment by residents for their services, but this is not a reason for non-compliance with the terms of the contract .
Contents of the claim and how to draw it up
How to file a claim in court against housing and communal services? Once you have determined the jurisdiction, nature and size of your claims, then you draw up a statement of claim in writing .
The Civil Procedure Code of the Russian Federation, Article 131, details the requirements that the legislator imposes on the form and content of the claim.
It is this above-mentioned code that you should use when writing a statement of claim. According to the provisions of Article 131 of the Code of Civil Procedure of the Russian Federation, in the statement of claim you need to indicate :
- the name of the court where the dispute is being heard;
- name and details of the plaintiff or his representative;
- name and details of the defendant;
- the essence of the violated rights and legitimate interests, as well as the requirements presented. At this point you need to substantiate your arguments with specific legal norms;
- all the circumstances on which you base your claims with evidence;
- calculations of disputed or collected amounts of money, and if your claim is subject to assessment, you must independently indicate the cost of the claim;
- any information about the pre-trial stage of dispute resolution;
- necessary documents attached to the claim;
- personal signature;
- date of.
If you have not forgotten to write all the above mentioned points, then your claim is completely ready.
Statement of claim to court against the management company, sample.
Rules for writing a statement of claim to the court for housing and communal services - what to consider?
You can write the statement of claim yourself or using a PC. No difference.
How to sue housing and communal services - where to go, what evidence and documents will be needed?
The main thing is to keep the form:
- Document header.
- Name. In our case – “Statement of Claim”.
- Main part.
- Final.
There are usually three parts to a statement: introductory, substantive, and effective.
They indicate:
- Information about the court to which you are applying. If you know which precinct you are applying to, then indicate its number, as well as the initials of the judge to whom this precinct is assigned. This information can be found on the official website of the court or by contacting the secretary.
- Information about the plaintiff, applicant. This includes not only the initials, but also the contact details of the person applying to the court.
- Defendant's details. Provide the information you know. This may be a representative of the management company or the name of the organization itself.
- Information about interested parties. Usually they indicate the authorities to which they applied for the pre-trial procedure for resolving the issue - the Housing Inspectorate, Rospotrebnadzor, the prosecutor's office.
- It is better to indicate all circumstances and violations in the main, substantive part. In addition, it is worth indicating what harm was caused to you and your family.
- Also write about pre-trial resolution of the issue. If the authorities that were supposed to solve the problem simply ignored your appeal, this is also worth writing about. If you have been rejected, same advice.
- Support all words with documents, photos and videos. Their presence should also be indicated in the application. List them at the end, in a list.
- Refer to the laws and regulations that apply to the violations and circumstances of your issue. Please indicate them.
- Be sure to remember the requirements. Remember that through the court you can force the management company to act and fulfill its obligations, and you can also demand compensation for damage to property or health in the form of money.
- Please sign and date the application at the end. On the second copy, which you keep for yourself, the court secretary must put his signature and write that he accepted the application.
Follow the above rules, rely on Articles 131-134 of the Code of Civil Procedure of the Russian Federation - and then there will be no problems with writing and filing a statement of claim.
Attached documents
The statement of claim must be submitted to the court along with documents confirming your grounds for claim.
When filing a claim in court, you must provide the following documents as an attachment :
- A copy of the claim.
- Power of attorney, if a representative is involved in the matter.
- Agreement on ownership of housing or copies thereof.
- The tenant’s agreement with the management company or copies thereof.
- Documents on payment of utilities.
- Copies of claims, complaints, appeals sent to the management company or supervisory authorities.
- Copies of responses to claims, complaints and appeals.
- Evidence in writing or on any tangible medium (expert opinion, photos, video documents, etc.) confirming all the circumstances of the case, including violation of the terms of the contract or legislation.
- A document with calculations of the funds collected.
- Receipt for payment of state duty.
Cost of claim and terms
Often, the applicant has difficulties not only in how to write an application to the court for housing and communal services (see sample above), but also how to calculate the cost of the claim .
According to the general rule, the amount of the claim is equal to the total amount of money collected from the defendant , that is, these are all the monetary claims of the plaintiff, and if there is a non-property dispute, then the cost of the claim is not calculated.
State fees and court costs are not included in the cost of the claim . The cost of the claim is calculated in accordance with Article 91 of the Code of Civil Procedure of the Russian Federation.
Even if the plaintiff indicated the incorrect value of the claim, the judge himself will correct everything and change the amount of money.
If the amount of claims in your claim does not exceed 1 million rubles , then you do not pay the state fee in accordance with clause 4, part 2 of Art. 333.35 of the Tax Code of the Russian Federation, since in these disputes you are the consumer, and the management company is the service provider.
A statement of claim against the management company (a sample of which is presented in the article) must be filed before the expiration of the statute of limitations, which is 3 years, calculated from the moment the applicant became aware of the violation of his rights.
The missed period of time may not be counted if the applicant has a valid reason for missing it.
If the homeowner has disputes with or members of the HOA and the problem is not resolved through conversations, then it is necessary to resort to filing a complaint, and this can also be a collective appeal. For information on how to draw up and submit a claim electronically or in writing, read our materials.
