The work of organizations in the housing and communal services sector rarely fully satisfies consumers. Especially many claims from residents arise against management companies. We will tell further about whether it is possible to control the work of the Criminal Code, HOA and where to complain to dissatisfied consumers.

How to control the housing and communal services management company, a parent organization

If the tenants apartment building abandoned the HOA and independent management in favor of the management company, they conclude an agreement with the selected company. It carries out its activities on the basis of this agreement, the requirements of housing legislation.

According to the Housing Code of the Russian Federation, MKD owners have the right to check the work of managing organizations. To this end, the MCs provide them with annual written reports on the work done.

In addition, residents can request other documents from their company (on utility tariffs, services performed, etc.) that are not prohibited by information disclosure standards. An equally important opportunity to influence the management company is the right to change it.

The activities of companies operating in the field of housing and communal services are controlled and regulated at all levels of government.

Various structures exercising supervision have their own specialization and powers in this industry. At the level of the Russian Federation, these functions are carried out by the following bodies:

  • Ministry of Construction of the Russian Federation. This body is engaged in the establishment of standards in the field of housing and communal services. In addition, he gives clarifications on the provision of public services.
  • The Ministry of Energy of the Russian Federation also oversees the housing and communal sector, in particular, electricity and gas supply.
  • The Federal Antimonopoly Service in Moscow monitors the legality of setting tariffs for housing and communal services.

In a certain way, control over management companies is also carried out by Rospotrebnadzor. It provides support to consumers in various legal areas. Another body that can help consumers is the housing inspectorate.

They operate both at the federal and regional levels. At the same time, due to changes in legislation, they do not directly supervise the Criminal Code. In connection with the introduction of licenses for the UK Goszhilnadzor now checks its proper use.

Official authorities at the local level also take part in the regulation of the housing and communal services sector. They have the right to independently monitor the situation or respond to consumer appeals. According to Art. 165 of the Housing Code of the Russian Federation, they can conduct an unscheduled inspection of the work of the Criminal Code when the owners of the premises apply to the MKD, the council of the house.

Where to complain about the management company

Consumers are not always able to independently control the UK. If the organization does not respond to consumer requests, does not respond to claims, then outside help is required. To begin with, you should send a complaint to the management of the Criminal Code and obtain an official refusal.

After receiving a response, the owners can submit their claims to the following authorities:

  1. Rospotrebnadzor. According to the Law of the Republic of Latvia, this body is the supervisory authority in the field of consumer protection. As part of the exercise of his powers, he considers appeals received from citizens. Rospotrebnadzor can also respond to complaints from consumers in the field of housing and communal services.
  2. Housing inspection. This body is directly involved in monitoring compliance with the law and the interests of consumers in the housing sector.
  3. Prosecutor's office. An application to the Prosecutor's Office should be addressed if other measures have not had the desired effect. If violations are found during the prosecutor's check, the perpetrators will be held accountable.
  4. Court. It is worth contacting the judicial authorities, if necessary, to recover the damage received, appeal against the illegal actions of officials, compel the fulfillment of obligations, and the emergence of other disputes within the jurisdiction of this body.

You can also complain about a company that does not perform its duties in good faith to the city administration. If the dispute is over inflated tariffs for housing and communal services, then the Federal Antimonopoly Service can provide assistance to consumers.

Can the owners audit the Criminal Code

According to housing legislation, managing organizations are controlled by the owners of MKDs who elected them. They are obliged to report to them annually on the work they have done over the past time.

The organization that manages the house must also, at the request of the owners, provide other documentation, information related to the provision of housing and communal services. The list of information that residents are entitled to receive is established by Resolution No. 731 of September 23, 2010 “On Approval of the Information Disclosure Standard by Organizations Operating in the Field of Management of Apartment Buildings”.

According to this document, enterprises managing MKD are required to disclose information about all work performed, their cost, and the use of common property at home. Therefore, tenants have the right to audit their activities.

How to check the management company, stages, audit

If the owners of MKD have suspicions about the good faith of the actions of the Criminal Code. They have the right to check its activities (audit). True, this should be done wisely in several successive stages.

First you need to request documentation from the organization on the services provided, their cost, applicable tariffs. The Criminal Code should not be against its provision, as it is obliged to report to the owners who have chosen it.

Then they can independently check the financial and economic activities of the management company (conduct an audit). But it will be difficult for people without special knowledge to check financial documentation. Residents of MKD can authorize a specialized organization (expert) to do this.

Commission on housing and communal services and control over the quality of work of management companies

There are so many problems in the housing and communal services sector that it is controlled not only by state (municipal) bodies, but also social forces. In many regions, there are public fees, under which supervisory commissions are created.

For example, a Commission on housing and communal services and control over the quality of the work of management companies in the Moscow region, St. Petersburg was created. This organization on a voluntary basis controls the activities of organizations in the field of MKD management.

We file a complaint against the Criminal Code, a sample complaint

Complaints about the actions of management companies arise very often. But in order for the stated claims not to be made without an answer, it is important to draw up a complaint correctly. There is no single sample for it, so it is written in free form.

However, any official document must contain certain details, comply with certain rules. The heading of the complaint indicates the person who filed it (name, address, contacts), as well as the body to which it is sent. Next, it is written how the document itself is called.

The main part of the complaint is a description of the situation in which consumers consider their rights violated. The description should not be too long and emotional. The complaint must reflect the facts, information about violations, the requirements of the applicant and their justification.

The document is signed by the complainant himself or his representative. A sample complaint is available. ⇐

Contacting the housing department

As mentioned above, one of the supervising organizations in the field of housing and communal services is housing services (inspections) . They respond to citizens' appeals regarding compliance with the norms and standards for the provision of housing and communal services, the interests of consumers.

You can send a complaint to the Housing Inspection through the mail or the organization's website. In addition, consumers, if possible, may submit their complaint in person. The main point that should be referred to in the complaint is a violation of the legislation in the field of housing and communal services.

Contacting Rospotrebnadzor

This body oversees primarily the implementation of the LARP. To this end, it also considers consumer appeals. The head office in Moscow performs managerial tasks and controls the activities of local divisions. You can also file a complaint with this body in person, by mail or through the website.

To the prosecutor's office

The prosecutor's office monitors the rule of law and order in the country. Many consumers, complaining about the uncontrollability of the Criminal Code, turn to the Prosecutor's Office. It can prosecute those who break the law.

To court

Consumers who are dissatisfied with the quality of the services provided by the UK often go to court to resolve the problem. The court may consider disputes on compulsion to fulfill obligations, compensation for damage caused, return of funds in case of double charging of fees in receipts.

Going to court should begin with careful preparation. The plaintiff should correctly determine the subject of his claims, appropriate Judicial authority, make a claim. Claims are drawn up in writing indicating the name of the address of the court, as well as the parties to the dispute.

In order to get a positive decision, the plaintiff needs to correctly substantiate his claim, provide evidence of a violation of the law by the Criminal Code. If the decision of the first instance does not satisfy the plaintiff, he can appeal it to a higher court.

Statement of claim in court against the management company: . ⇐

For our country, public control in the housing sector is a fairly new phenomenon. Its occurrence is explained by the limited number of employees in the regional State Housing Inspections - it is impossible to assign an inspector to each house. As a result, there are public structures supervising the work of housing and communal services. Management companies need to know how public housing and communal councils work in order to more effectively cope with their tasks and avoid additional problems.

How public structures control the housing sector

Enterprising citizens are understood as ordinary residents, as well as groups of public oversight created by them. Article 1 of the Federal Law-212 allows homeowners to perform supervisory functions on a voluntary basis in their personal capacity or as part of non-profit private organizations.

The law protects the right of citizens to public oversight of the activities of housing and communal services companies. The entities created for this purpose can unite in associations and unions for joint activities. For example, associations of HOAs and councils often appear in cities apartment buildings affecting the operation of the housing and communal services sector.

The study of FZ-212 will help the MA to understand the order in which public controllers work in the person of individual citizens or their associations.

The subjects of public supervision in housing and communal services are vested with a number of rights by law. Initiative citizens and house councils can:

  • engage in public supervision in housing and communal services in the forms noted in FZ-212;
  • organize events aimed at exercising public supervision, as well as become their participants. Clear characteristics of activities are not described, probably, here you need to focus on point 1;
  • when conducting control, request information from any government bodies, regardless of their level, and from any organizations from the housing and communal services sector. The only exception is information protected by law, including personal information of individuals and state secrets;
  • visit the relevant authorities and housing and communal services companies, taking into account their work schedule and general regulations;
  • prepare and send to authorities, housing and communal services companies and media representatives documents with the results of the control;
  • transfer the necessary materials to the prosecutor's office and other authorities that uphold the rights of citizens, if any violations are revealed;
  • go to court to protect interests;
  • exercise other rights provided by Russian law.

the housing and communal services sector state level controlled by the State Housing Inspection and housing control bodies in the municipalities. It is these special bodies that are endowed with key supervisory functions. Public activists can send them appeals, ask for advice and reactions to violations by the administration or resource-supplying organizations.

How does municipal supervision in housing and communal services differ from public

Certain state and municipal bodies are assigned the obligation to supervise the housing and communal services industry. In particular, Rospotrebnadzor is involved in this. It monitors compliance with sanitary and environmental standards that determine the quality and safety of housing and communal services.

Rospotrebnadzor carries out the following actions:

  • explores drinking water for purity and absence of pathogens;
  • measures noise and vibrations that are created in high-rise buildings by ventilation and heating elements, elevators and other equipment;
  • controls the conduct of disinfection, as well as actions to destroy pests and rodents;
  • monitors the condition of garbage chutes and areas with garbage cans.

If Management Company does not comply with SanPiNs regarding the quality of drinking water and the maintenance of high-rise buildings, then according to Articles 6.4 and 6.5 of the Code of Administrative Offenses of the Russian Federation, she is punished with fines:

  • 20,000 rubles at the first fixation of deviations from the norms;
  • 30,000 rubles - in case of secondary non-compliance.

In the case of provision of housing and communal services of inadequate quality, the MA bears administrative responsibility, as defined in Article 14.4 of the Code of Administrative Offenses of the Russian Federation. If the procedure for setting prices is violated, then the fine from Rospotrebnadzor will be up to 30,000 rubles. If you deviate from the rules again, it will increase to 50,000 rubles.

In case of unjustified excess of tariffs, the fine is calculated as the amount of excessively received income multiplied by two. If the tariffs are underestimated, penalties will amount to 100,000 rubles.

The State Housing Inspectorate monitors how the housing stock is operated, maintained and repaired. federal level and its divisions in the regions. The GZhI checks the houses under its jurisdiction and, if shortcomings are found, issues orders to eliminate them. Failure to comply with laws in the field of housing and communal services leads to the suspension or revocation of the organization's license.

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Cancellation of the license of the Criminal Code is possible only through the court. To do this, the State Housing Inspectorate sends a written appeal to the judicial authority indicating a violation of the license requirements by the MA or HOA. An appeal to the court from the GZhI comes in the presence of an appropriate decision of the licensing commission. The main legislative provision for this is Article 199 of the LC RF. She talks about the possibility of revoking the license when depriving the MA due to violations of the right to manage 15 percent or more of the total serviced footage of multi-storey buildings.

The procedure for canceling a license is as follows.

1. The State Housing Inspectorate two or more times a year issues instructions to the MA to eliminate non-compliance with the licensing conditions.

2. If the managing organization fails to comply with these instructions or performs them inappropriately two or more times, an administrative penalty is imposed on it through the court.

3. In this situation, the State Housing Inspection receives the right to exclude from the list of licenses data on those high-rise buildings in which the Criminal Code did not comply with the license conditions.

4. The licensing commission is obliged to consider the issue of revoking permits if more than 15 percent of the total footage of houses serviced by the managing organization has been excluded from the register.

5. If the licensing commission makes a decision to revoke a license from the Criminal Code, then the GZhI uses it as a basis for applying to the judicial authority with a request to annul the permits.

After the license is revoked, the UK continues to manage the multi-storey building. This is how it works until a new organization is elected by the owners of the apartments.

Local executive and self-government bodies are engaged in municipal control in the field of housing and communal services through special committees. They conduct scheduled and unscheduled inspections to assess the compliance of the activities of managing organizations with the provisions of regulations prepared at the federal and municipal levels.

To conduct a scheduled inspection, you need 1 year to pass:

  • since the end of the last scheduled inspection;
  • since the start of service by the managing organization of the apartment building.

Unscheduled inspections are associated with the receipt of reports of violations by citizens, organizations and authorities. In this case, those responsible for municipal control in housing and communal services begin unplanned verification activities. This is possible with violations associated with:

  • choice managing organization;
  • the procedure for concluding an agreement with the Criminal Code for the management of MKD;
  • rules for the maintenance and repair of common property at home;
  • the obligations of the management company prescribed in the management agreement;
  • the use of marginal indices when calculating utility bills.

An unscheduled inspection is carried out without obtaining the consent of the prosecutor's office and without warning the MA subject to it.

According to Federal Law-294 of December 26, 2008, the activities of supervisory authorities are carried out transparently to protect the rights of business representatives.

Various public councils in housing and communal services are an analogue of regulatory bodies. They cannot directly issue a fine to the Criminal Code, but they are able to file a complaint with a higher authority or file a lawsuit in court. For example, in July 2017, the head of one of the managing organizations operating in the Kaliningrad region received a fine of 25,000 rubles for improper maintenance of an apartment building. The inspection was carried out on the basis of a complaint to the prosecutor's office received from the apartment owners. Another management company from Lipetsk was forced to stop servicing a new house due to the fact that the tenants were determined to file a lawsuit against her.

Experts believe that public councils and other similar regulatory organizations in housing and communal services bring certain benefits. They allow consumers to be involved in the management of homes and the provision of public services. However, there are also difficulties here. First of all, they are related to the lack of desire or ability of residents to discuss agreements on the management of common property.

Due to ignorance of housing legislation and the lack of well-established mechanisms for interaction, apartment owners often create obstacles for managing organizations that perform their work. For example, tenants do not make claims to the MA and directly apply to the State Housing Inspectorate. The management company pays a fine, after which it spends additional time and money to eliminate the problem. Housing inspectors will not delve into the intricacies of doing business; if they find a discrepancy with one of the numerous regulations, they will simply write out a fine and supplement it with an order.

To prevent such situations from happening, the management company is recommended to establish a good relationship with apartment owners, especially those who regularly express an active position. This will take some time and competent work to inform citizens about how it is easier and faster for them to solve their problems. Established feedback will be useful to both parties.

From the point of view of the state, the attitude towards public councils in housing and communal services is also twofold. On the one hand, there are no strict legislative norms that force the authorities and departments to unconditionally fulfill the proposals and demands of public activists. On the other hand, representatives of society united on the principles of self-organization can be very persistent, so their opinion should be taken into account. The lack of interaction in such cases often turns out negatively for the authorities, especially if social activists attract journalists to their side.

The undoubted benefit of public councils in housing and communal services lies in the active conduct by many of them of information and educational work. These associations can provide free consultations to citizens and regularly cover the latest industry legislation in the media. As a result, the legal literacy of citizens increases, who often remember their rights, but forget about their duties. If management organizations work in good faith, and competition is carried out on equal terms, then public control in the housing and communal services sector only improves the overall situation.

Forms of public control in housing and communal services

FZ-212 involves several options for the implementation of public control.

1. Public monitoring. In this case, the work of managing organizations is monitored.

By law, monitoring can be carried out public associations in the form of commissions, councils, inspections and chambers in housing and communal services, as well as non-profit organizations. Any kind of public control implies mandatory monitoring.

2. Public verification. It can be carried out, among other things, by MKD councils and interested citizens.

Public inspections are carried out by public inspectors. However, regarding the list of rights of such housing inspectors, there are certain discrepancies in the legislation. FZ-212 refers to seek the rights of these inspectors in housing regulations. Paragraph 5 of Article 20 of the RF LC refers only to the rights of housing inspectors working at the level of the country and municipalities.

Public controllers still have to work on the basis of the procedure enshrined in legislation. This topic is not in the laws, therefore, in Article 6 of the Civil Code of the Russian Federation, it was separately noted that the rights of a public inspector for housing stock are the same as those that an inspector appointed by the state or municipality has.

It turns out that inspectors on a voluntary basis have a set of rights to perform the following actions.

1. Request data and papers necessary to monitor compliance with mandatory conditions. Their requests may be based on motivated requests from government officials at all levels, companies and individuals.

2. To freely visit apartment buildings, their territory and general premises. To freely enter the designated objects subject to the presentation of a certificate and a photocopy of the order of the leadership of the public body on the inspection being carried out.

3. Visit and inspect apartments with the consent of their owners.

4. Carry out tests, examinations and other necessary actions within the framework of supervision. Monitor compliance with the rules of living in social rental houses.

5. Check the compliance of the statutory documentation of the HOA, housing cooperative and other consumer associations with the requirements of regulatory enactments.

6. If there are applications from the owners of premises in the MKD, check the validity and legitimacy of:

  • decisions of the general house meeting on the creation of an HOA;
  • election of members of an HOA, LCD or other association of consumers at a general meeting;
  • obtaining by someone membership in the HOA and the election of its leader by the board of the partnership;
  • the choice by the board of the JK or other cooperative entity of its leader;
  • selection at the general meeting of the managing organization and signing a management agreement with it (under article 162 of the LC RF);
  • conclusion of an agreement on the management of MKD and the conditions prescribed in it;
  • conclusion of an agreement with the MA for works and services, within the framework of which the common property of a high-rise building will be repaired and maintained;
  • conclusion of agreements with citizens referred to in part 1 of article 164 of the RF LC, obliging them to repair and maintain the common property of the house;
  • conditions set out in these documents.

The organizer of the public inspection must notify the management of the inspected object about the time, methods and duration of the planned inspection activities. The maximum duration of verification actions is 30 days.

When preparing the audit, the managing organization may be requested to have the papers and additional materials necessary for the inspectors.

After the public audit is completed, an act is drawn up reflecting its results. It states the following:

  • the basis for launching verification actions;
  • papers and materials studied during the inspection;
  • cases and circumstances of deviations from the norms established by the inspectors. In the absence of violations, this is also recorded in the document;
  • results of the audit, ways to eliminate deficiencies, possible tips for their elimination.

The final act is received by the head of the Criminal Code. In addition, the paper can be transferred to the prosecutor's office, the State Housing Inspectorate, authorities and other interested parties, and also posted on the Internet.

3. Public expertise. Legislation allows organizing such an examination of any organization involved in public control in the housing and communal services sector. However, it should be carried out by specialists with necessary education and qualifications. In this regard, the organizers may face certain difficulties.

120 days are allotted for the examination after its announcement. Based on the results, a conclusion is prepared with a reasonable expert opinion and proposals for correcting the situation. The conclusion is transferred to the involved organizations and representatives, and is also posted on the Internet.

4. Public discussion. The organizer needs to:

  • tell in advance about the topic put forward for discussion, the time of the event and its regulations, as well as the date of receipt of the results;
  • provide all participants with the opportunity to freely familiarize themselves with the materials on the issues under discussion.

5. Public hearings. Public controllers, authorities and organizations working in the housing and communal services sector can organize meetings with the involvement of ordinary citizens. People during public hearings discuss issues with the greatest social significance. Most often, public hearings are carried out by public controllers working under the control of the authorities, for example, public chambers. Such activities are carried out in situations described in the legislation.

Hearings are organized and carried out in accordance with special requirements- they must be public and open. For the event, it is necessary to prepare and equip a room that will accommodate the expected number of citizens.

The organization of hearings has much in common with the procedure for holding public discussions. Summing up and publication of the results of the hearings takes place according to the same scheme that operates for public discussions.

Given the existence of several forms of public control in the housing and utilities sector, public inspections and public discussions are recognized as the most convenient and effective. Managing organizations need to remember that specialized centers can help citizens in carrying out control.

How public control centers work in housing and communal services

The country is developing a system of public control. Public initiatives from the regions are supported by resource centers, for the coordination of all this there is an all-Russian center. Regional public councils in housing and communal services and other similar associations are supported by local authorities and centers at the level of subjects.

At the federal level, the National Center for Public Control in Housing and Communal Services is responsible for coordinating the work of social activists.

The task of the regional centers is to support activists and specialized organizations in specific subjects of activity. To ensure effective coordination, a register of workers in the housing and communal services is being created non-profit organizations, a public council or other body is formed that unites all participants. To increase the level of coordination, a joint consumer protection work plan is being developed and implemented. Explanatory work is being carried out with people on topics related to housing and communal services, various initiatives are being proposed to improve the quality of the functioning of the industry.

The regional center provides all the necessary types of support (informational, methodological, organizational) to its NGOs and activists. In addition, he is engaged in their training and consulting. Registration of such a center can take place as an independent organization. At the same time, it may not be a legal entity, but a joint project of the authorities and public figures.

Regional centers receive informational, methodological, organizational and legal support and support from the national center.

What does the National Center do?

  • develops and maintains a common website of public controllers, where regional centers can register and use personal account;
  • trains employees of regional centers, provides them with information and methodological materials designed for professionals of various profiles. Separate materials can be prepared for familiarization of citizens and placement in the media;
  • develops guidelines for the operation of the regional centres, and proposes to them plans for various events;
  • helps regional centers to consider citizens' complaints;
  • organizes the collection of the most effective practices for use by public controllers, creates conditions for the exchange of experience between regional centers;
  • collects, analyzes and summarizes information about the situation in the housing and communal services in the regions of the country;
  • processes proposals from regional centers aimed at improving the work of housing and communal services, including the optimization of existing standards;
  • organizes interaction between regional centers and authorities at the federal level.

Reception desks in such centers provide citizens with advice on legal matters. They can apply for help by phone, in a letter, on the website of NP "ZhKH-control" or during a personal visit.

Management companies and RSOs, when interacting with individual consumers, understand that they have previously been consulted in a public reception. The duty of such receptions is to explain the existing norms of legislation, general advice and organizational support in terms of communication with representatives of the MA.

Public receptions become intermediaries between citizens and state regulatory bodies. They assist residents in drafting appeals, track their processing, outcomes and consequences of ongoing procedures.

The public reception keeps a log of calls with fixing the day of the appeal, its content and the results of the consideration (intermediate and final). The register of applications is issued in electronic form.

Actions public organizations if violations of the law are detected, they will be as follows:

  • give people targeted advice, conduct organizational work and, if necessary, assist in the preparation of an appeal to regulatory authorities;
  • send a request to the control and supervisory authorities;
  • control the consideration of complaints, the checks carried out on them and the measures taken;
  • report to the media about the detected violations of the law and the results of their elimination;
  • explain to violators what legal consequences their actions lead to.

In the absence of a response from the regulatory authorities to complaints, the public increase their own efforts to solve the problem. They receive support for their actions from the regional center. Such situations are considered at meetings of an advisory body working together with the leadership of the region, or at regular events dedicated to highlighting the problems of housing and communal services. Representatives of the authorities, courts, supervisory authorities, housing and communal services enterprises, public councils and others are involved in the meetings. similar organizations, as well as the media.

Examples of real work of social activists with management companies

Case 1. Nizhny Novgorod region, SHOCK project. Cancel illegal demands managing organization.

Resident of the city of Zavolzhye Nizhny Novgorod region Klavdia Mikhailovna Lozhkareva, as the chairman of the council of the MKD, applied to the State Housing Inspectorate in the spring of 2016. She complained about the illegal increase in tariffs for the repair and maintenance of housing, which was made by the management company Zhilservis 1 LLC.

Housing inspectors conducted an inspection on the basis of a written complaint and confirmed the existence of violations. The Criminal Code really illegally raised the tariffs, so the GZHI issued an order to it to recalculate and return the overpaid funds to the residents of the house at ul. Grunina, 11. The management of the managing organization did not agree with the conclusions of the State Housing Inspectorate and refused to return the money to the owners of the premises. The Criminal Code contested the order and applied to arbitration.

At the same time, the management company complained about Lozhkareva to the police. In a statement, the management of the MA indicated that the chairman of the board of the MKD damages its reputation, and also causes moral harm by public actions. The latter was valued by the plaintiff at 12,000 rubles.

Lozhkareva did not succumb to pressure and remained in charge of the council of the MKD. She conducted a survey in neighboring high-rise buildings and found out that their tenants pay double for housing and communal services. This was followed by an appeal to the public - the SHOCK project. Lozhkareva met them at a seminar. In addition, she turned to other public figures who control the housing sector and deputies of the city duma of the Volga region. As a result, a joint decision was made to conduct an audit of the legality of tariff rates for housing and communal services operating in all microdistricts of the city.

The audit found that the tariffs were in fact overpriced without any legal basis. All management companies operating in the Trans-Volga region turned out to be violators.

Lozhkareva calculated the difference that the MA received as a result of illegally inflating tariffs. It ranged from 1 ruble to 4.88 rubles with square meter. Due to this, the managing organizations were able to receive unreasonable earnings in the amount of 10-12 million rubles in 2015. A subjective assessment of the condition of the houses and the territories adjacent to them allowed the woman to come to the conclusion that the Criminal Code did not direct this money for improvement, but spent it at its own discretion (including plundering).

Lozhkareva suggested that a collective statement be prepared for him to be sent to the police. Law enforcement agencies conducted an audit based on this document, but it turned out to be inconclusive, since there were no signs of a crime committed. The activist did not give up here either. She went to local television and suggested that the townspeople demand that the management companies comply with the law and return the overpaid funds. People applied for recalculation, but their demands were ignored.

Lozhkareva decided to go further and started studying the documentation. Law enforcement officers refused to initiate a criminal case under the article “Fraud”. They referred to the presence in the management contracts of a clause that allows raising tariff rates by the inflation rate. Lozhkareva believes that this is contrary to the law.

The activist studied the official responses of law enforcement agencies and came to the conclusion that the information from the contracts had not been verified for authenticity. She explained this by the lack of verification of the minutes of general meetings, as well as the legitimacy of these meetings. In addition, the police took the wording “tariffs may be increased” from the contract, but it cannot justify a price increase unilaterally.

Lozhkareva again turned to the LCD of the Russian Federation and found out that the basic legislation on the formation of tariffs for housing and communal services has not changed. In accordance with it, the tariffs must still be approved at a general meeting of the owners of the premises or by decision of the local authority.

As a result, the activist was able to achieve her goal. The Arbitration Court of Second Instance forced the management company to recalculate and return the overpaid funds to the residents of building 11 on Grunina Street. After that, Lozhkareva took up tracking how the money would be returned.

Case 2. Kostroma, the return of illegally alienated areas from the common property of a high-rise building.

There are quite a lot of common premises in MKD, which can be transferred from common ownership to commercial structures. We are talking, for example, about technical basements, attic areas, wheelchairs and even chambers for collecting garbage. In some cases, the management company and the tenants may return the premises if their transfer was carried out in violation of the rules.

The National Center, which is engaged in public control in the housing and communal services sector, records such alienations, and hundreds of thousands of such cases have been accumulated in its database. Most often, alienation becomes possible due to an incorrect definition of the object's status. Such an assessment is carried out by specialists of the municipal committee of housing and communal services. When determining the status, they may not take into account the purpose of the object laid down in the project.

The following order applies here. The object is entered into the list of property of the municipality and then transferred to the tenant. A certificate from the BTI is obtained for it and the information is entered into the state register of rights, where the premises are recognized as the property of the municipality. When these procedures are completed, the object can be sold, that is, it ceases to be controlled by the apartment owners. Similar situations are now observed in new buildings, when the requirements of the legislation on equity participation in housing construction are violated. As a result, land plots from adjacent territories and various elements of the infrastructure of a high-rise building can be alienated.

The issues of unlawful alienation are also faced by the management companies themselves. Often this happens when a new house is received into management, in which the previous MA did not show special interest to these questions. When building on urban lands, expropriation can range from 10 to 90 percent. Here everything is determined by the proximity of the house to the central part of the city.

The result of this development of events is the emergence of various obstacles in the work of management companies:

  • it is impossible to provide engineering equipment with normal maintenance;
  • reduced comfort for residents;
  • there are difficulties in carrying out overhaul;
  • failed to introduce energy-saving technologies.

In some cases, the damage becomes extremely serious. Dozens of cases of collapses of houses are recorded, in which people die.

Positive changes in housing and communal services occur only if the rights of the owners of the premises and the requirements of the Criminal Code that directly protect them are taken into account.

Statistics show that the courts have recently taken the point of view that is aimed specifically at protecting the rights of residents. About 100 positive decisions in such disputes were registered in Moscow, more than 50 in Kostroma. They are also accepted in other cities, including Novosibirsk, Tver, Voronezh. Homeowners in such disputes usually turn out to be right, but they have to spend time and a lot of money defending their position in court.

In the regional centers involved in public control in the field of housing and communal services, there are currently letters from the Ministry of Construction addressed to the heads of the regions and the divisions of the State Housing Inspection working there. These letters forced local administrations to pay attention to the problem. In GZhI began to deal more intensively with the protection of rights to common property. The Goszhilinspektsii in the Moscow, Voronezh, Kostroma and Murmansk regions are the most successful in this direction.

In some regions, the situation is opposite. For example, in St. Petersburg, the Kaliningrad and Kemerovo regions, it would be worthwhile to deal with these problems with great attention. In these subjects of the federation, the facts of illegal use of entrances and basements have become widespread, and this practice creates many problems:

  • the quality of housing maintenance is declining;
  • the pace of overhaul is falling;
  • load-bearing structures wear out faster, especially in houses that are considered a historical fund.

Cases of issuing instructions to the administrations of the GZhI on the exclusion of common house property from the register of regional or municipal property in such entities are isolated. Representatives of the State Housing Inspectorate quite rarely synchronously handle situations with authorities prosecutor's supervision. Even if such interaction occurs, it usually results in a statement of the fact that the municipality has received property rights and advice to the managing organization or residents to apply to the court for a decision.

At the same time, there is a way to eliminate past mistakes and return premises to common house ownership without running judicial trial. For example, a wheelchair is one such common facility. By law, it is considered common property, which became such at the moment when the first apartment was privatized in the house.

By law, register the rights to housing in high-rise building It is possible only together with the rights to common house property. For this reason, when registering residential premises, the wheelchair passes into the status of common house property. With the further transfer of the object to the ownership of the municipality, competing property rights appear that have passed state registration. The apartment owners registered their ownership rights based on the law, and after a while the administration made the disputed object the property of the city. Obviously, the second registration can be considered unfounded due to the lack of such a right.

Management companies and owners of premises are interested in more active participation of the State Housing Inspectorate in dealing with such disputes with the administration. It must be understood that the registration of the right of the municipality does not lead to the termination of the rights of the owners to the object. This is the interpretation that the Supreme Court has repeatedly given. To correct the situation, it is enough just to order the head of the administration to exclude from the register of rights an entry illegally entered there that the city has separate rights to common house property.

The described position is already being used to exclude common premises from the state register of rights in Moscow and St. Petersburg. The number of such cases is small, and in the regions the authorities are not yet in a hurry to adopt this practice.

Much here depends on housing inspectors, who need to draw up competent prescriptions and conclusions. These documents would make it easier to deal with legal misconceptions. The active actions of the State Housing Inspectorate may also affect the work of the heads of city administrations to correct such errors. If it is possible to resolve the issue by simple negotiations, it will not be necessary to launch a trial.

For example, the Kostroma center of public control in the sphere of housing and communal services, together with the city administration, successfully solves such issues raised by public figures. Gradually, the experience of Kostroma is adopted by other cities: Voronezh, Tver, Kaliningrad, Lipetsk. Interest in the described practice is manifested in Vladimir, Syktyvkar, Barnaul and in the Crimea.

There are several advantages that appear when creating a commission to search for objects of common house property in the municipal property register, assembled from representatives of the administration and public figures:

  • the terms of restoration of rights are significantly reduced;
  • the costs of court proceedings are excluded;
  • there is no misappropriation of city budget funds;
  • the resources of managing organizations and owners of premises are mobilized, which improves the quality of maintenance of a high-rise building and the territory adjacent to it.

The Program for the Strategic Development of Housing and Public Utilities, calculated until 2020, sets the development of measures to restore the rights of apartment owners to common property as one of its goals. The National Center for Public Control in the Housing and Utilities Sector has prepared several of its own proposals for the implementation of this plan.

1. Preparation and approval in the subjects of the federation of measures that allow residents of high-rise buildings to ensure their rights to common property. Disclosure of information from the register of property of municipalities in the MKD to everyone.

2. Formation by local authorities of commissions to identify objects that meet the criteria for common property and are in regional or municipal ownership. Such a commission should include representatives of relevant departments and public housing and communal services councils operating in the region, as well as groups of interested homeowners in MKD.

3. Formation at the federal level of a commission that will ensure the rights of apartment owners and the appropriate maintenance of common house property. The task of the commission is to provide methodological assistance to regions and municipalities, as well as to synchronize their work. Representatives of the Ministry of Construction and volunteer specialists should work in the commission.

4. Organization by representatives of the State Housing Inspection of seminars and round tables for employees of management companies and municipalities, which will address the problems of property rights and the use of common house property.

These proposals came from NP ZhKKH Control and received the approval of Andrey Chibis, Deputy Head of the Ministry of Construction. The official noted that the regional offices of the State Housing Inspectorate should help solve the problems of the MA and residents related to the return of previously torn premises to the common property. Separately, the need to resolve such disputes without going to court was noted.

As an example for the whole country, the experience of the regional commission from the Kostroma region, which was engaged in the return of common property in high-rise buildings, was presented. Members of the commission regularly assessed real estate and identified signs of the common property of MKD, after which they looked for cases of illegal transfer of objects to municipalities. For the past few years, the commission has successful work, as a result of which the managing organizations and residents of the region received back more than 50 basements, attics, wheelchairs and other objects. A similar positive practice exists in Moscow and St. Petersburg.

The requirements of the legislation are constantly being tightened, so the management companies are thinking about finding additional funds for repairing houses, and residents are thinking about saving on communal apartments. In the absence of the ability to dispose of common house property, plans and ideas to reduce costs and receive additional income are crumbling. If garbage collection chambers, wheelchairs, technical rooms and the engineering equipment located in them, with the support of the administration, go to third parties, then houses definitely become less comfortable and safe to live in.

Management organizations and homeowners, dissatisfied with the current situation, first applied to the regulatory authorities one by one, but did not get the desired result. Then it became clear that it was necessary to act in a coordinated manner, and there was a merger around the Association of Homeowners' associations and housing cooperatives operating in Kostroma. The Association has established interaction with organizations dealing with similar issues in other regions of the country.

The problem was studied in detail by members of the association, who figured out the reasons for its occurrence and gave a legal assessment of the current situation. It was concluded that the municipalities are expropriating premises in their favor in violation of the law. The Housing Code of the Russian Federation states that there are no legal grounds for the alienation of premises. If we study the issue from a technical point of view, then what is happening is characterized as direct damage to the engineering equipment available in the house, and nothing else.

For half a year, 11 objects were considered, including basements for technical purposes, and they were recognized as meeting the requirements of Article 36 of the Housing Code of the Russian Federation. The commission invited representatives of the State Housing Inspectorate, the prosecutor's office, the regional court, the regional bar association and Public Chamber and independent experts. However, the participants criticized the activities of the commission.

The Kostroma administration considered that the objects were incorrectly qualified when creating the register of property of the municipality, therefore, the alienation of the premises should be considered unlawful.

The meeting participants demanded more active actions and the creation of conditions for the complete exclusion in the future of cases when municipalities alienate common house property. At the same time, management companies and owners need to be helped to return objects and create mechanisms to correct such errors without litigation.

The Ministry of Regional Development approved the position of the Public Chamber and called the experience gained in recent years in protecting the rights of apartment owners useful, since a direct consequence of its application is the restoration of the integrity of engineering equipment. It depends on how trouble-free the process of using high-rise buildings will be. In this regard, the department prepared a letter for the regions of the country with recommendations on disseminating the experience of the Kostroma administration in the formation of interdepartmental commissions. These commissions are engaged in the search and return of common property to managing organizations and apartment owners.

The main result can be considered that the mechanism was launched. Similar commissions began to appear in other regions, including Kaliningrad and Murmansk. During the work of the commissions, it turns out that all common premises that were owned by municipalities did not have title documents during state registration of rights. This means that they must be returned to management companies and apartment owners as common property. On the part of the municipalities, the actions taken earlier with real estate were clearly erroneous, so the Criminal Code and citizens can solve the described problem without litigation.

Control over the activities of management companies (MCs) in the housing and communal services sector is carried out both at the federal level and by the forces of local governments. Certain measures can be taken by the residents of houses served by these organizations themselves.

The legislative framework

Regional supervision in the housing and utilities sector is regulated by local regulations (regional and municipal), Article 20 of the LCD, Government Decree No. 493, Federal Law No. 131-FZ, Federal Law No. 210.

The listed legislative acts describe in detail the powers of each body, indicate those areas of activity that state and municipal institutions are obliged to control.

Yes, Art. 20 LCD regulates common goals and principles of state, municipal and public housing control, in Art. 13 LCD describes the powers of regional bodies state power, Art. 196 of the LCD determines the procedure for conducting license control of management companies.

Federal Law No. 131 describes the powers of municipal authorities, including regulatory authorities in the housing sector.

The Code of Administrative Offenses contains information on preventive measures taken in relation to managing organizations that perform their duties in bad faith.

Organs

There are three levels of housing control: federal, regional, municipal.

Federal level

Federal supervision is not the main way to control the Criminal Code, the central state bodies are responsible for the formation general principles housing management and issue guidelines.

Who controls the work of management companies at the federal level?

This includes:

  • Ministry of construction of the Russian Federation. This ministry determines the procedure for approving standards for public services, the procedure for the provision of these services and the criteria for their quality. The Ministry of Construction provides clarifications on the content of Government Decree No. 493 (“Rules for the provision of public services ...”) and on the practical implementation of its provisions. The body regulates the economic aspects of accounting for heat and water.
  • Ministry of Energy of the Russian Federation. Determines the schemes and standards for heat supply to houses.
  • Federal Antimonopoly Service. It determines the principles of pricing in the areas of heat and water supply, the maximum levels of tariffs, and regulates the monitoring of citizens' payments for utilities. Previously dealt with these issues federal Service on tariffs, but in 2015 it was abolished.

Regional level

Direct control over the practical implementation of the standards and guidelines of federal ministries is carried out by regional bodies and municipalities.

At the regional level, management companies are subordinate to:

1) Goszhilnadzor (housing inspection). The main function of the body is to conduct inspections of the implementation of the Criminal Code and citizens of the requirements of the law. Checks are carried out according to such parameters as:

  • maintenance of residential premises;
  • carrying out redevelopment and reconstruction;
  • maintenance and repair of common property in MKD;
  • the amount of payment for the maintenance of residential premises;
  • transfer of premises from non-residential status to residential status and vice versa;
  • provision of utility services, determination of their payment and methods of its payment;
  • formation of repair funds.

Goszhilnadzor is authorized to prevent and eliminate violations in these areas.

The Housing Inspectorate does not exercise direct housing supervision over organizations licensed to manage buildings. Instead, it exercises licensing control (Article 196 of the LC), which involves checking the compliance of the activities of the Criminal Code with the conditions for obtaining and maintaining a license.

2) the Tariff Committee. Depending on the region, its functions can be performed by different organizations: the REC, the Ministry of Energy, etc. The Committee determines tariffs for heat supply, electricity, gas supply and water supply, monitors their application. The activities of the body are controlled by the Federal Law No. 210 “On the regulation of tariffs ...”.

3) Regional offices Rospotrebnadzor. Guided by SanPiNs, this organization monitors the quality and safety of public services, including:

  • checks the chemical, biological, radiological composition of water;
  • controls the level of noise generated by the operation of ventilation systems, elevators, heating units and other devices;
  • monitors the implementation of disinfection and disinfestation measures;
  • checks indicators of humidity, lighting, ventilation in residential premises.

In accordance with the Code of Administrative Offenses, Rospotrebnadzor prosecutes management companies that violate the requirements of sanitary standards.

local level

Separate duties are imposed on municipal bodies, which are carried out by the regional authorities.

Supervisory authorities in the field of housing and communal services at the local level can:

  • check residential premises for compliance with the norms of their use and maintenance;
  • monitor the use of common property in apartment buildings;
  • check utilities for their compliance with established standards;
  • monitor compliance with the requirements for making payments for repairs and utility bills.

Local self-government bodies are also authorized to carry out license control of the UK.

In most cases, at the local level, the work of management companies is controlled by the Housing and Communal Services Department under the city administration.

The procedure for conducting inspections is established by municipal legal acts.

Scheduled inspections by regional and municipal authorities are carried out once a year, unscheduled inspections are carried out upon receipt of complaints from residents, in case of violations of the rights of consumers of public services, in case of harm to human health or environment, as well as when there is a threat of causing such harm.

Based on the results of the audit, an act of verification of the management company is drawn up.

Resident control

Management companies act on the basis of an agreement with tenants of a serviced apartment building, who have the right to request a verification of the conscientiousness of fulfilling its conditions. To do this, homeowners must write an application. Collective statements are processed faster and have greater force.

In the application, tenants must indicate their personal data and request a list of tariffs and their sizes from the Criminal Code. The document is drawn up in two copies.

The data provided is analyzed and correlated with the quality and quantity of services provided. For a detailed analysis, you can use the help of experts.

Reporting must be required not only for the current year, but also for the previous 1-2 years (for example, for 2019, 2018 and 2017).

If a discrepancy between the size of the tariffs and the quality of the services provided is found, then the owners receive grounds for filing a lawsuit, they can also file a collective complaint against the management company, which is sent to the supervisory authority. Both options have one outcome: the Criminal Code will be checked, and illegal fees will be reimbursed to residents if the fact of their existence is proven.

You can check the licensing of an organization on the State Services website (dom.gosuslugi.ru) by searching for the company name in the license register.

Audit checks

An audit of management companies in the housing and communal services sector makes it possible to make the work of the organization more transparent and optimize the maintenance of financial records. Auditing The CC is carried out according to the following criteria:

  • compliance of financial documentation with the actual costs of the company;
  • the correctness of the execution of documents, the completeness and reliability of the information presented in them;
  • efficiency economic activity(correct target spending of funds, etc.).

Based on the results of the analysis, the auditor can give recommendations on improving the work of the Criminal Code, on improving the workflow, on optimizing costs (including tax).

During the audit, attention is drawn to the following documents:

  • estimates that provide information on the costs of operating the housing stock;
  • public service reporting on funds collected from residents;
  • service reporting with the involvement of third-party services;

An audit of the management company with an analysis of these documents reveals what percentage of the money invested by tenants goes to housing maintenance, and what part of the funds is spent inefficiently.

conclusions

So, who are the management companies reporting to?

Management companies are controlled at all levels: both by central authorities and ordinary homeowners. Federal ministries are responsible for the formation of the theoretical and regulatory framework governing the activities of management companies, regional and municipal authorities carry out regular checks on the compliance of organizations with established standards, and residents can check the management company by analyzing its financial records.

The Criminal Code, as a socially significant organization, is controlled by several state bodies at once. The Prosecutor's Office - exercises control over compliance with the requirements of the law by all structures and organizations of the state.

Reference! In addition to the prosecutor's office, there are organizations that control the condition of housing and the provision of services to the consumer. These are Goszhilnadzor and Rospotrebnadzor.

Rospotrebnadzor and GZhI carry out control and verification of the activities of management companies, both at the regional level and at the local level. Controlling the Criminal Code as well as self-government bodies.

At the regional level

In places Goszhilnadzor is most often called a housing inspection, which checks the following nuances:

The control of the GZhI over the activities is carried out through inspections. Verification can be either documentary or on-site.

Note! If inconsistencies and signs of violations are revealed, then a field check will follow the documentary check.

The work of Goszhilnadzor (housing inspection) is regulated by:

  1. With regard to license control - JK, article 196.
  2. With regard to the provision of public services - the Rules for their provision, approved by PP No. 354.
  3. In other cases - the Housing Code of the Russian Federation, Article 196, Articles and, Government Decree No. 493 "On Goszhilnadzor" of June 11, 2013.

The next instance carrying out the check is the prosecutor's office., which checks management companies only if there are appropriate grounds. Usually they are appeals from residents or competitors, coverage of any illegal actions of the Criminal Code in the media.

Sometimes it is sanctioned by local governments or carried out at the initiative of the prosecutor.


Rospotrebnadzor also exercises control over the activities of management companies.. He controls how the norms, including sanitary, legislation that determine the provision of services to homeowners, their quality and safety, are implemented.

Its activities are regulated by the Law "On Protection of Consumer Rights", sanitary, epidemiological standards, as well as rules, the Code of Administrative Offenses, articles 6.4, 6.5, 6.24, 14.6, 14.7, 14.8, 14.24.

Control is exercised over public services, their provision and quality. Water is examined for the presence of impurities and microorganisms, the microclimate in housing, garbage collection, the state of ventilation, pricing for services provided, and the like.

At the local level

On the ground, the work of housing and communal services management companies is controlled by municipalities and self-government bodies represented by the housing inspectorate. Basically, they duplicate the functions of the regional Goszhilnadzor.

In their activities, they are guided by their own resolutions, legislative acts, Decree of the Government of Russia No. 493 of 2013 and Article 20 of the RF LC.

How to check the work of the housing and communal services management of an apartment building?

If there are suspicions that the Criminal Code conducts its settlements with homeowners dishonestly and performs its duties in bad faith, then it can always be checked, including for theft.

Ensuring the fulfillment of the obligations of the managing organization is in your power! The law provides citizens with such a right. Note very important point — a collective appeal is always more powerful than a single one.

Therefore, if there is a need for such a check, it is better to act together. Do not forget that a service agreement is concluded with each owner.

From this follows the conclusion - any errors in calculations, negligent performance of their duties are a violation of the terms of the contract. And for this you need to be responsible.

Information request

We will study the calculation of mandatory payments for utilities. To do this, we will request documentation from the Criminal Code containing.

The company is obliged to provide such information to the owner upon request. But, as we have said, it is better to work together. That's why On behalf of the homeowners, an application is written with the requirement to provide the necessary information. Read more about the procedure for providing information and filing an application.

Data checking

We check the correctness of the calculations and their validity. If there are questions related to accruals, we require the Criminal Code to substantiate them in writing. You can check the calculations yourself, it is possible that there are people in the house, both with a legal and economic education.

If there are none, to verify the data provided by the Criminal Code, you can contact third-party experts. Of course, additional expense, but, most often, the costs of experts pay off. After the analysis of tariffs is carried out, we proceed to the next stage.

Audit of contractual obligations


It is necessary to check how the management company performs the work stipulated by the contract. To do this, we again demand that the Criminal Code provide to the homeowners about the work done.

In addition to reports, it is worth demanding an attachment to them, cost estimates and other similar documentation. From these documents you can find out where and how they were spent cash. External experts can again be involved in the analysis.

An expert licensed to conduct such examinations, having completed the analysis, will prepare and transfer to the owners the results in writing. This document will describe in detail where and how the Criminal Code cheated and what exactly it violated.

In addition, the document will be recorded by an official, and this is a very strong argument, both in pre-trial proceedings with the Criminal Code and in the court itself.

You don't need to be reminded that before starting the analysis of documents, you need to recall all the work done in the house. If they were discussed at a general meeting or someone kept records of them, even better.

Appeal to regulatory authorities or court

If it turns out that the management company is working carelessly, does not fulfill its obligations, besides it overstates tariffs, the amount of work, charges for work not completed, and the like, then you can immediately file a lawsuit with the court.

It should be noted that In cases of this kind, it is better to use the services of a lawyer.. Both in the legislation itself and in preparing a claim, there are many pitfalls, and if your interests are represented by a professional, the chances of success will increase significantly. Do not skimp on paying for the services of a lawyer, all costs will eventually pay off.

For deceived tenants, contact housing inspection and Potrebnadzor after the completion of the analysis is the most profitable option. In the end, it is their direct duty to deal with dishonest and negligent performers.

To start proceedings, you must write an application to these organizations in two copies. We keep a copy.

The Criminal Code appoints an audit of all economic and financial activities, after which the inspection bodies draw conclusions. If violations are confirmed, the Criminal Code will be forced to compensate citizens for illegal fees without a trial. If the tenants are not satisfied with the decision, they can go to court.

Conclusion

If you are not a lawyer or do not have enough experience in cases related to housing litigation, it is better to contact someone who constantly practices in resolving such disputes.

The defendant, that is, the Criminal Code, in the event of such a dispute, will find an experienced lawyer who, if he cannot refute your evidence base, will always find procedural flaws - inaccurately drawn up statement of claim or deadlines have not been met. And having found a clue, an experienced lawyer can easily ruin the case.

Don't forget that you can always contact special regulatory authorities - Consumer Supervision or Housing Inspectorate. It is their direct responsibility to control and understand the work of management companies. It is possible that after their verification, the controversial issue will be resolved without a trial.