The number of appeals on the issue of providing housing and communal services in our country is in the first place in all levels and branches of power. Accommodation in an apartment building promises very big concerns for each owner, namely, problems with heating, water supply, cleaning of the house territory or repair of entrances. In this article, we consider that the management company should do and what is the right and obligations.
The question that the management company should do is most often asked by owners who are not satisfied with the quality of accommodation in the house. Every month in your payment document, you find lines of payment for the content and repair of housing, and where this money goes not clear. So what should be the management company ideally?
It is absolutely no important what kind of management form in your home - UO, HOA or the ECC, the services that should be provided to the owner are equally the same and the demand from the head of one of these organizations will be the same. If the management organization was elected in your house, then after drawing up the protocol of the General Meeting, the management company is obliged to conclude an agreement with the owners of an apartment building at least 2/3 from the entire area of \u200b\u200bthe house. The date of concluding a management agreement with the management organization will be the date of the beginning of the management of the house. From that moment on, it should strictly comply with all legislative acts that regulate its work. In his work, the management organization is obliged to provide free access to information about the managed house, its characteristics and financial and economic activities. From June 01, 2016, all information on the activities of the Management Company is obliged to be located in the GIS Housing LCD system. Here you will find all the necessary information. In the absence of information obligatory to accommodate, boldly contact the State Housing Inspection or Prosecutor's Office. Also, according to the Housing Code every year in the first quarter, all owners should be held meeting with the approval of the report on financial and economic management activities for the previous year. If such a procedure was not carried out, you can also apply to the supervisory authorities.
Responsibilities of the management company
Here we decided to indicate which particular obligations of the management company in the framework of the management activities of an apartment building. All work on the maintenance and repair of an apartment building management company is obliged to conduct funds and repair of housing within the framework of fees.Responsibilities of the management company for housing
Responsibilities of the management company for housing content:
- Carry out the cleaning of common areas, that is, the entrances;
- Conduct the cleaning of the local area, but the specifically of the land plot, which is under an apartment building. If trees are located on the land plot, the question of their trimming or demolition is also in the zone of the Criminal Code. If the tree falls and as a result of the fall hurts the property or harm the health of a person, then boldly apply to the court to compensate for the damage to the management company;
- Contain the facade of the house in proper condition: Clean from ads or painted graffiti;
- Clean the sewage of the general risers;
- Preparation of the house to the autumn - winter period. Carrying and crimping the heating system, carrying out the calibration of public counters;
- Cleaning the roof of snow and sleep in the winter;
- For governing organizations, this is the conclusion of a contract with emergency dispatch service;
- Interaction with elevator company (in the presence of elevators);
- Conducting measures for disinfection and disinsection of basements and the local area.
Responsibilities of the management company for the repair of housing
Responsibilities of the management company for the repair of housing:
- Carry out repair work on the restoration of window frames and glazing in the stairwell or the technical floor in the event of their absence or breakage;
- The entrances must be painted and whitewashed, there must be lighting, and the adequate lighting is also obligatory;
- Roof repair work in the case of her leakage;
- Any repair work of public property related to the provision of utilities: cold, hot water, heating or sewage, domestic power supply networks;
Responsibilities of the Management Company for Communal Services
Responsibilities of the Management Company for Communal Services:
- A separate point I would like to say that the management company is obliged to provide you with communal services. The fact is that when the Criminal Code takes a multi-apartment building in the Office, then an agreement with a resource-supplying organization for the supply of a communal service. In this regard, the company is responsible for the work of all engineering systems at home. For example, if an apartment building is such a service, as the heating is provided, but it is not available in the house, the management company is responsible here. Same situation and water, sewage, gas or light. Of course, if the service is absent due to the fault of a resource-supplying organization, the management company should still protect your interests and make a maximum effort to change the situation;
- Providing utilities to the owner of the apartment obliges a management company to carry out work on collecting funds for these services and maintain claims - claims;
- Ensure timely removal of solid household waste and large household waste. This means that the management company is obliged to conclude a contract for garbage collection;
Require money over the tariff for the above-mentioned work, the management company has no right, and if it really is not enough to ensure its normal activity, it is obliged to conduct an extraordinary general meeting of owners with the creation of calculations on this issue.
If such services are not bold, and more specifically in the State Housing Inspection.
But in addition to the duties, the management company also has rights. Examine them also worth not to get to come.
All of the above items constitute the main activity of the management company. And for their work, any organization or manager wants to get a cash reward.
Income management company
The income of the management company to these costs are coming from the office of housing. If there is such a line as a housing repair, then it is a plus and fees with it go to emergency work. It should be understood that significant finance is required to fulfill all types of mandatory work, and we did not indicate such items as disclosure of information, certification of workers, accounting and much more.
In this case, the management company has the right to initiate a meeting of owners on the issue of increasing the tariff for the content or repair of housing. The meeting should be carried out with the provision of cost estimates, justifying the calculation and other arguments that may affect the decision-making. If the decision to increase the tariff is not accepted, this does not mean that the duties of the Criminal Code are lost, the work should be continued in accordance with the current legislation.
The main right, as I think there is a management company is the lack of need to carry out overhaul for the money of the owners collected under the article content and repair of housing. We give one of the most common examples. Balcony repair. Balconies are common property and their repair should be engaged in UK. But if the balconies are in a state of demanding overhaul, then they may not produce work. In this case, their responsibility to conduct events to change the timing of the overhaul of the balconies in this house to earlier. So should occur with any kind of work requiring overhaul.
A similar situation and window frames in the entrances. If they are in a deplorable state, but not broken, the management company is unlikely to spend its profits to replace outdated structures. And no organization will be able to oblige this to do.
Debt collection for housing and communal services
One of the most difficult moments in the work of any manageing company is the ardbles from which there is nothing to take on the court. The recovery of utilities is possible only through the court. Although today there is an opportunity to restrict the utility services to repay them debt.
Most of the owners are interested in what rights is the management company in relation to the owner, if he does not pay for housing and communal services.
Does the right to turn off the electricity
To find out whether the right to turn off the electricity to disconnect the two situations. If a separate payment from the energy company comes to you for payment of electricity, it means that the electricity supplier is not the management company and it means that they are not entitled to limit this service.
If you pay for the total bill in the Criminal Procedure, then when fulfilling all the requirements, the notification of you as a debtor, you can restrict electricity for a certain time.
Does the right managed company have to accrue penal
If you do not pay for housing and communal, the management company has the right to accruem you daily penalties in accordance with paragraph 14 of Art. 155 LCD RF, after 31 days of delay in the amount of one three hundred refinancing rate approved by the Central Bank of the Russian Federation, and starting from 91 days of delay paid daily penalties in the amount of one stroital refinancing rate from the amount of debt.
The management company should conduct a very wide list of works in an apartment building, otherwise it may be brought to justice. Responsibility to the law The management company is borne by the same as any organization. This can be both administrative and criminal liability. The main supervisory authorities who are followed by the implementation of the Criminal Code are currently a state housing inspection and prosecutor's office. At least, local governments, fire supervision, Rospotrebnadzor, Police and others possess various powers.
Each of these organizations has the right to impose a significant penalty both on the official and a legal entity for failure to comply with the requirements of the current legislation. The main problem is to prove that the violation took place.
A few words here can be said about licensing management organizations. After the responsibility of managers to obtain a license appeared, in the event of unsatisfactory work of the Organization, it was possible and to deprive them of this license. And it seems to be affected by improving the provision of housing and communal services. But we will not be particularly sprayed here, since the authority in this is only the state housing inspection and only in court. Nobody is going to refer to the right and left, first of all, because if the house remains without control, although temporary, then who will guarantee that other UO will not manage even worse. Here the position of the authorities is such that the owners, uniting and can re-elevate their negligent management organization. And, if there is no desire to unite, then there is no point in changing anymore in an apartment building.
All the work of the management company is enshrined by various legislative acts. Using them skillfully, it is possible to achieve all types of work in an apartment building. But we must not forget that the well-being of everything at home depends on the activity of each owner of the house.
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The management company is an organization that is engaged in "conducting business". To be more accurate, it produces: maintenance, repair, payment for heat and light, and also conducts checks. May be "engaged" with one or more residential homes, it all depends on the level of the company's prestigiousness. Moreover, with recent time, the enterprises of the housing and communal services should be officially licensed, without fail. The Criminal Code contains a structure that depends on how large an enterprise. According to the law, they must comply with the list of responsibilities, as well as perform some instructions.
Responsibilities of the Criminal Code
Housing and utilities management company has some rights and obligations that must be observed. Those responsibilities in the house that one or another management organization will take place at the conclusion of the contract will be spelled out. In this case, the contract may contain the following types of responsibilities:
- Conducting the preparation of the house to the new season, whether it is winter or summer.
- Communal services, their tariffing, repair or replacement of water supply systems: pipes, counters, as well as power grid systems.
- Both overhaul and cosmetic seasonal repair.
- Cleaning yard areas, entrances, elevators, maintenance of cleanliness.
- Organization of other repairs related to equipment installed in the house, for example, elevator (if it is established and repaired at the expense of owners, previous Criminal Code or construction company)
- Registration of certificates for owners of housing, provision of full reporting, as well as billing in accordance with utility bills.
In addition, the cost of providing services from the company is established. All this is negotiated on the general aware of the owners and tenants.
Types of management companies
Housing companies can be engaged in part of the services that were described above, it all depends on the requirements of residents and the possibilities of the organization, so these managers in the housing and communal services can be divided into types:
- Supplying all services and is an intermediary with resource organizations.
- Being a mediator who finds performers for all necessary services.
- Organizations on the management of yard territories, garages and premises that are not intended for housing.
Responsibilities of the management company
About what responsibilities there are management companies in the housing and communal services was talked above. But what is the right to deal with such an organization besides its main responsibilities?
All services that the company is ready to provide and their rates are usually voiced by public meetings, and residents, in turn, decide whether they need it. When apartment owners are determined with the choice, the contract with owners is drawn up, on the basis of which the services are provided. Additionally, control organizations can engage, for example, export of large garbage several times a month.
Registration of the contract with owners
When making a contract, the management company in the housing and communal services should be indicated by:
- A list of all services that it will provide a specific home.
- Information about the obligations of the parties, rights and relationships.
- Information about the house (or another object), and should be specified in detail.
In addition, the contract contains information about:
- Reports.
- Terms of use of premises type: attic, basements and other non-residential premises.
The contract may vary under the condition that the request comes from the owners. Changes may be associated with any contract items.
Responsibility of the Criminal Code
There are several levels of government agencies whose aggregate in the housing and communal services. For this, checks are arranged due to identifying the quality of work performance, both from the management of the house and from the local (municipal) level. This is done in order to identify shortcomings in the work and their elimination. When checking from state bodies, they check everything from the cost of utilities, to their quality, and so on.
In the case when the organization does not fulfill its obligations, it refuses to do this, then the conflict is settling due to the imposition of an administrative fine on it, since this is considered a violation according to the Administrative Code, Article 7.22 It must be 40 - 50 thousand rubles. In addition, in addition to the penalty, the article provides for the suspension of the company's activities for up to 90 days.
If there are violations of the sanitary requirements of residential premises and the organization does not respond at any way, then you can immediately go to court. In this case, the organization also imposes a fine of 10 - 20 thousand rubles. It is beneficial for residents that the next time the managers will more seriously refer to the requests of the owners.
UK license
Housing facilities FZ No. 255. We must receive a license to work. Otherwise, the organization cannot be registered. On these grounds it can be argued that each management organization has a license that can be obtained from:
- Supervision authority for housing and communal services.
- Commissions for licensing housing and communal services.
And for its design, you need a whole list of papers:
- Certificate of opening of IP or LLC.
- Tax accounting documents.
- Help from the register.
- Appointment of director and certificates of opportunity to work in this position.
And this is not a complete list, other documents are needed. License information can be obtained by the name of the management company or the address of the house to which it is tied. You can do this on the public service website.
Now tenants often faced the fact that the management company violates their rights.
However, it is even more deprecious that the tenants themselves are usually not even suspected of being violated.
Therefore, it is worth understanding what is included in the direct responsibilities of the management company in the housing and communal services content and repair houses.
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Responsibilities of the management company housing and communal services by law
The activities of management companies are regulated legislation. The legislative framework, establishing the rights and obligations of the Criminal Code, is contained in Housing Code of the Russian Federation. In particular, it is negotiated in 161-162 articles.
Housing Code
The Criminal Code should provide residents with suitable and safe living conditions, as well as a worthy content of the common property, solve problems of its use and provide residents with residents.
So read the first item 161 Articles LCD
His first subparagraph makes more specifics in question contents of common property And gives a clearer formulation.
According to him, the Criminal Code is obliged:
- Follow sanitary and epidemiological requirements and fire safety rules, in order to preserve the reliability of the house and the well-being of residents;
- Keep level securitysuitable for maintaining people's life and health, storage of their possessions, as well as property States and municipality;
- Give residents access to the use of premises and the total property owners of housing;
- Follow rights and interests of housing owners in a multi-storey house, if it does not contradict the legislation;
- Support communication system in good condition, as well as follow serviceability for accounting and other types of universal equipment;
- Realize delivery resourcesnecessary to provide residents with communal services.
The management company is entrusted with the duty for common property in a specific apartment building and for the supply of utilities, regardless of the degree of improvement of this real estate.
Service quality anyway must comply with state requirements and rulesthat are listed in Housing Code.
Wherein The Criminal Code is responsible not only before the state or the municipality, but also directly before residents.
Also, the management company is obliged to provide residents with access to information about its financial and Economic Activities, Ob. servicesthat it provides, and about the order of their provision.
She must aware of residents about the cost and tariffs on all services provided to her.
IN 162 article stipulate rules for concluding an agreement agreement with an apartment buildingwhich lies between the Criminal Code and all the owners of his premises. This document should be considered separately, as it has a sufficiently voluminous legislative framework.
Contract Contract
This document can be concluded only from the Criminal Code, which has permission to such activities.
Otherwise, the organization will not meet the requirementswhich are established by law and therefore has no right to conclude such agreements.
When it is conclosed, you must collect all owners housing in this house.
According to the second paragraph, the House Management Agreement means that the Criminal Code undertakes:
- Perform your work on timefor installed fee;
- Spend repairs and provide content of common property premises owners;
- Provide them with utilities;
- Carry out another management activities.
At the same time, a list of works and services that are included in the obligations of the Criminal Code must be specified in the appropriate agreement.
A sample of a typical contract of management of an apartment building with a management company you can download.
Start fulfilling the terms of the agreement must no later than for one month after its signing. However, if the agreement specifies a different period, then the Criminal Code is obliged to proceed to work during the specified date.
A month before the expiration of the contract, The Criminal Code must transfer all the documentation On this house of the management organization, which was selected. As well as the Criminal Code is obliged to give regular reports on their activities.
Other regulations
According to other documents, the management company must contain in the appropriate state. outdoor territory Employed apartment building.
Control the fact and quality of work on the content of this territory should residents.
And follow your following:
- During the Criminal Code regularly performed cleaning the local area;
- Conducted it gardening;
- During exported all household waste;
- Installed on the territory playgrounds, shop etc.
Rights
In addition to responsibilities, legislation and regulations establish rIGHTS OF UK.
Tenants also need to study them in order not to get into the unpleasant situation, violating one of the rights of the organization.
So, the Criminal Code has the right to:
- Obtaining income;
- Debt collection from tenants;
- Deprive tenants of a certain debt resource;
- Calculate peni..
In fact, income management company depends on tarifa To pay for its services.
The organization has the full right to its increase., however, only when conducting collection of owners and granting estimates.
Of course, at the meeting, the increase in the tariff may not be approved, and in this case The Criminal Code is obliged to continue working in the same mode.. On the recovery of debts of the Criminal Code has the right, but only through the court.
However, you can do without trial, simply turning off the delivery of a communal servicefor which the debtor does not pay.
Last The Criminal Code also has a full right. His gives 354 Resolution. But this is possible only if the resource comes with a tenant through this organization, and not from the resource-supplying organization directly.
Another way to deal with debtors is the right to accrual them. peni.. This permits 14 Paragraph 155 Articles LCD. Penios are charged from 91 days of delay.
Functions
Having understood with all the laws and regulatory acts that establish rights and obligations of the Criminal, It is worth clearly sowing that it's still enters the obligations of the organization and what not:
If the management company does not fulfill his duties?
Most often management company ignore your duties to repair and care for common property..
The most bright and frequent example – refusal to replace certain itemswhich are owned by all residents of the house.
Here the law remains on the side of residentsand therefore you can easily change the position attracting the Criminal Code.
Subsequently, she is either will start working properlyor have to break with her agreement and hire other managing organization.
To do this, you must perform the following actions:
- Write appeal in UK, state your claims and ask to fulfill your obligations, according to the Agreement;
- If it was not accepted, it is worth come to the reception to the leader of the Criminal;
- Imagine proof of non-fulfillment of duties;
- If the proper reaction did not follow, contact housing inspectionby writing the appropriate statement With an indication of its own claims and references to regulations and articles. TO application It is worth attaching proof of.
Sample application for housing inspection: download blank.
After that will hold check In order to identify violations. If they really have, then The Criminal Code will oblige them to endure to the court.
The court can either force the organization perform your requirements necessarily or impose fine.
He can also send a company.
What is not included there?
In order not to get into the awkward situation, forcing the Criminal Code to do what is not included in her duties, you need to know what actions it may not perform:
- Garbage removal;
- Carrying out extraordinary repair work, if there is no need for this;
- Buying a new coolant;
- Cutting trees at the receiving territory;
- Repair of the intercom;
- Lighting of the railway section;
- Installing the video surveillance system;
- Decoration of the local area.
Managing companies have their own set rights and responsibilitiesAccording to the law and documents.
In violation of these rules, the organization can either lose licenseor pay fine. However, for this you need to store in time noticed violation and appealed to the appropriate instance.
