How often do we encounter poor service, inappropriate performance of work and artificially high rates on the part of the management company. Is it always dirty at the entrance, the elevator has not been working for several months and the garbage is not taken out, the plaster is crumbling?

In this case, contacting management company. But if after considering the application the situation has not changed, you can safely change the organization. Let's look at how to refuse the services of a management company.

When can I change management company?

You can change the organization after the expiration of the contract, which is 1-5 years. But many are interested in whether it is possible to refuse services before the end of this period. According to Russian law, a company can be replaced already a year after the conclusion of the contract if it does not fulfill its obligations under the contract.

However, this will require a large number of time, effort and patience. In addition, the firm may refuse to transfer documents to another organization. In this case, it is important to correctly follow the rules for changing firms and collect evidence that the company is not coping with its responsibilities.

Recall that the responsibility managing organization includes the proper provision of public services and the maintenance of common property in an apartment building, namely:

  • Ensuring the safety and proper condition of common property, which implies the safe condition of floors and ceilings, basement and roofing, necessary lighting on the landing;
  • Timely cleaning of the entrance and removal of garbage;
  • Landscaping and beautification of the territory;
  • Installation of common house meters;
  • Preparing your home for the heating season. In addition, the owners of apartments in this house have the right to demand from the organization a certificate of readiness of the house for winter;
  • Organization of the current and overhaul in entrances, basements and in the attic, repair of the facade, foundation and roof of the building;
  • Notification of residents about upcoming repairs, power outages, gas, cold or hot water in ten days.

Another important factor in the work of the managing organization is the transparent conduct of financial activities, the provision of information on work, costs and tariffs for housing and communal services.

This information is posted on the site of the management company and presented in the first quarter at the meeting of the owners of the premises. In addition, at the request of the residents, the employees of the institution must provide receipts, reports and other necessary documents.

Thus, the reason for changing the management company may be the poor quality of utility services and improper maintenance of common property, ignoring requests from residents and untimely fulfillment of obligations, hiding information about activities and misappropriation of financial resources.

The procedure for changing the managing organization

  • Selection of a new management company. In this case, they analyze the market of management firms in your city and choose the right ones. See how many houses are managed by a particular company, study the site and how information about the work of the organization is covered, how citizens' appeals and other aspects are promptly considered. Get feedback from the tenants of the houses served by these companies;
  • Holding a meeting of owners of premises apartment building, which is controlled by this managing organization;
  • Notification of tenants and owners of premises in the house about the meeting held within ten days after this event;
  • Notification of the old managing organization of termination contractual relations within five days of the meeting. In addition, the notification is sent to the bodies of state and municipal housing supervision;
  • Conclusion of an agreement with a new management company. The contract is considered valid only if there are signatures of more than 50% of the owners of the premises in the house;
  • The transition is considered completed when the house is included by the housing supervision authorities in the license of the new managing organization.

How to organize a meeting of owners

Change management company apartment building is possible only collectively, although each owner can initiate the replacement. Therefore, if you want to change the organization, you need to organize a meeting of tenants. Thoroughly prepare for the meeting, select arguments and arguments about the inconsistency of the company's work with the stated requirements and contractual obligations.

Information about the upcoming meeting is important to convey to each owner at least ten days before this event. Be sure to advertise your upcoming meeting! Please note that the owners may include residents, the municipality and private companies. It is important to warn everyone, otherwise the management company will be able to challenge the decision of this meeting.

Before the meeting, a chairman and a secretary are elected who will take minutes. The minutes are drawn up in writing indicating the place and date of the meeting, the main subject of the meeting and the voting results.

At the end, the document is signed by the secretary, chairman and members of the counting commission. The decision and results of the meeting are communicated to each owner who did not participate in the meeting within ten days.

The meeting was held if it was attended by owners who own more than 50% of the votes. The vote depends on the size of the living space that belongs to the citizen. The transition will take place if the initiative gains more than half of the votes.

If the company does not want to transfer the house

If the management company refused to voluntarily transfer the authority to control a residential apartment building to a new company, you can file statement of claim to court. But in this case, it is important to correctly fulfill the conditions for holding the meeting and you need good reasons to change the company.

In case of gross violations by the management company, including a prolonged lack of gas and water, poor heating in winter, and so on, you can file a lawsuit in court. In this case, it is important to draw up a complaint with an indication and evidence of violations.

These are photographs, video and audio materials that reflect the problems. Importance acts play independent experts. These are room temperature measurements, examination of faulty pipelines, etc.

Before filing a lawsuit, be sure to file a complaint about violations directly with the home maintenance company. If applications remain without consideration, response or actions to correct violations, complaints about the inaction of the management company to the State housing inspection, Rospotrebnadzor and/or the Prosecutor's Office.

As practice shows, the court may refuse a claim if no claims were made during the pre-trial period and appeals were sent directly to the defendant.

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If the organization fulfills all its obligations, then the apartment owners are unlikely to want to change it. Most often this happens if the Criminal Code abuses its powers.

There are many such examples:

  • malicious failure to fulfill the obligations enshrined in;
  • The management company provides low-quality services, reduces the required volume, etc.;
  • repair work is not carried out;
  • the organization ignores the appeals of citizens;
  • the management company is suspected of theft.

There are other reasons for changing the Criminal Code in 2019. For example, residents can initiate this procedure if the company's license expires. The reason for changing the organization is also the expiration of the contract, if it does not contain a prolongation condition.

The legislative framework

Choosing another MC

There is no point in insisting on a change of organization if there is no alternative. First, you should check for reliable companies. It is important to check reviews, rating and other information.

It will not be superfluous to communicate with the residents of the house that the selected management company serves. You also need to find out if the company's management will be able to take on the balance of another MKD.

Meeting of owners

The organization of the general meeting is carried out as standard. The initiators must provide the necessary information (place, time, agenda) to all residents of the apartment building within 10 days. A written notice is required (no verbal communication).

The agenda is:

  • termination of the agreement with the Criminal Code;
  • choice new organization;
  • signing a contract with a new organization.

If it is not possible to hold an in-person event, then you can use its absentee form. During the meeting, it is necessary to draw up a protocol, which is therefore signed by the chairman, secretary and members of the counting commission.

In order for the change of the management company in an apartment building to be carried out in accordance with all the rules, it is necessary that more than 50% of those present vote for it.

The decision taken at the meeting is communicated to those tenants who could not take part in the vote.

Notification of the old Criminal Code

The management company must be informed of the decision made in accordance with all the rules. That is, in compliance with the necessary formalities.

Therefore, within 5 days after the meeting, a corresponding notice and a copy of the protocol are sent not only to the Criminal Code, but also to the state housing supervision service.

Conclusion of an agreement

The above documents are also transferred to the management of the management company with which the tenants want to cooperate.

All residents of an apartment building have the right to sign an agreement. By law (), more than half of the apartment owners are required to write documents. Otherwise, the agreement simply will not have legal force.

The contract must contain the following items:

  • the composition of the existing property (information of the technical passport);
  • a list of services to be provided by the management company;
  • cost of services, methods of payment;
  • rights and obligations of the parties;
  • responsibility if the terms of the agreement are not fulfilled by the participants;
  • way of reporting to tenants.

The document comes into force from the moment of signing or from the date chosen by the parties.

What documents are needed?

Since the change of the management company is a legal procedure, the initiators will definitely need the relevant documents. First of all, this is a statement, minutes of the meeting of apartment owners and an agreement with the old management company. It's also better to have real evidence the fact that the Criminal Code did not fulfill its obligations (if this fact took place).

Payment of utility bills to a new company

Changing the Criminal Code often scares tenants precisely because of the various financial issues that often arise. For example, when you need to list cash new company? It is believed that this should be done as soon as the contract is signed. Actually this is not true.

An apartment building must be included in the license of the Criminal Code (this information can be found on the GZHN website). Only after that, the owners can safely pay for the services of the organization.

What to do if the Criminal Code does not want to give away the house?

For unscrupulous management companies, the presence of an apartment building in the maintenance is good way for the implementation of various fraudulent schemes. Therefore, the management companies do not always respond positively to the decision of the tenants and refuse to transfer the documents to the new company.

In this case there is only one real way to achieve the right decision - drawing up a statement of claim.

At a minimum, you can threaten the leadership of the organization litigation. If this does not help, then you should hire a good lawyer and prepare a claim.

Can I change to HOA?

Having changed several management companies, tenants often come to the conclusion that it is better to manage MKD with the help of an HOA. That is, independently. Sometimes it really The best decision, especially when the initiative group includes good specialists. The law allows the use of partnerships and even changing the Criminal Code to an HOA.

To change, it is enough to organize a meeting of tenants and make an appropriate decision. The procedure is quite standard, but it should be understood what burden will fall on the shoulders of apartment owners.

Very great popularity has a mixed type of control. Residents form an HOA, but they do not refuse the services of a management company. True, the Criminal Code is only engaged in the provision of public services. All other issues are decided solely by the tenants.

House management

Despite the fact that the reform of housing and communal services in Russia officially started back in 2008, the degree of satisfaction of the population with the ongoing transformations is in no hurry to go uphill. There are several reasons for this, but one of the key ones is the extremely weak involvement of homeowners in the process of managing an apartment building. This factor helps to keep low level awareness of their rights.

So it turns out - we walk, spit on an unpleasant smell from a garbage chute or on overflowing tanks at a container site, in the dark we grope for our own keyhole, we can even discuss these minor troubles with a neighbor, without embarrassing ourselves in expressions. But the matter does not go further than driveway conversations.

Meanwhile, the situation can and should be changed. More precisely, not a situation, but a management company that is not coping with its duties. Those who say that this involves the need to wade through monstrous bureaucratic thickets are misleading you. The only caveat is that you can change the management company no earlier than one year after the conclusion of the contract. The state gave her an indulgence of 12 months, motivating this by the need to immerse herself in the course of things and debug her work. By the way, the contract between the owners of an apartment building and the management company is concluded for a period of one to 5 years.

If you suddenly don’t have a contract in your hands, then you obviously never attended meetings of homeowners, where decisions were made for you, and later you paid for these decisions. Somewhere with nerves and time, somewhere with money. So immediately claim the contract and carefully study its text. The document spells out the responsibilities of the management company. Not fulfilling them or fulfilling them inadequate quality and in violation of the terms give the owners grounds for making claims or for refusing the services of the company:

  • improper maintenance of common property,
  • violation of the quality of public services,
  • untimely fulfillment of requests from the population for repairs,
  • hiding their activities and so on.

On the last point, a little explanation should be given. The Housing Code requires management companies in without fail in the first quarter, submit a report on the results of its activities to the general meeting of homeowners. If these reports are not available, or their completeness does not meet the disclosure requirement, then this may serve as a basis for replacing the managing organization.

Algorithm for changing the management company:

  • Remember that any owner can initiate the change of the management company. But in any case, the fate of the management company will have to be decided collectively at a general meeting. When planning to abandon the services of an existing management company, decide who will replace it. Analyze the market of management companies, make the necessary inquiries, get answers to questions that will allow you to get a clear picture of the reliability of the management company: how many houses are under its management, does the company have an emergency dispatch service, how quickly are citizens' applications processed. Do not be too lazy to communicate with the owners who live in a house that is managed by the company. Ask questions of interest directly to the management of the management company. It is important to agree with the Criminal Code on the legal support for further steps regarding the transfer of the house to the new company.
  • Information about the planned meeting must be conveyed to each owner. Miss at least one - the management company will have a reason to challenge the decision through the courts. Give appropriate signed notice to each owner square meters or send it to the address by registered mail with notification. When informing the owners about the planned meeting, be sure to clearly indicate the date and time of its holding, the list of issues for discussion, and the composition of the counting commission. Don't forget to put up announcements no later than 10 days before the announced date of the meeting. Do not forget that often the municipality appears among the owners, whose representatives must also be notified in advance of the meeting.
  • Decide who will take the minutes of the meeting. Before discussing agenda items by simple voting, it is necessary to approve the secretary and chairman of the meeting. The protocol should be drawn up in writing, signed by the chairman and secretary, as well as members of the counting commission. The minutes must indicate the date and place of the general meeting of owners, the agenda, the quorum. Decisions of the general meeting of owners must be brought to the attention of all owners of the premises, including those who did not take part in the meeting, within ten days from the date these decisions were made.
  • The meeting will be considered valid if it is attended by owners with more than 50% of the votes. It is important to remember that the vote depends on the size of the living space owned by the citizen. If less than 50% of the votes are cast in support of the change of the management company, then there is an opportunity to hold an absentee vote. The owners will have to be notified about this event once again, specifying in the message the same issues that were on the agenda in preparation for face-to-face meeting, an invitation to vote, as well as the time and place of collection of voting sheets. Please note that each owner must participate in absentee voting. Do not forget that for each voting item there should be answer options “For”, “Against”, “Abstained”. If, as a result, the initiative gains more than 50% of the votes, then its opponents will be forced to submit to the majority, and the disgraced management company is obliged to hand over the affairs of the new one within 30 days. In addition, the meeting should determine authorized persons - representatives of the residents of the apartment building, who will be able on behalf of the residents to sign acts of work performed, receive from the management company necessary information etc.
  • Having familiarized with the minutes of the meeting of all owners, be sure to send copies of it to the former and new management company. Thus, you notify some of the termination of the contract, the second - of the intention to conclude a new one. After the conclusion of the contract, make sure that the management company provides the contract to each owner for signature in two copies. The duties of the new management company include the need to conclude contracts with resource organizations.

In some cases, the old management company may refuse to voluntarily leave the inhabited territory. Then all disputes are resolved in judicial order. It is for this reason that one should be extremely attentive to the requirements of the Housing Code of the Russian Federation related to the issue of choosing a method for managing an apartment building and changing a management company. It is better at the first stage to take a qualified lawyer as an assistant, who, by the way, can live in your house and provide services free of charge.

Change of managing organization- the procedure is simple and simple. But how do you notify the current management organization of the change? Who should do it and how soon after the OSS?

Change of managing organization

Often managing organizations learn about the termination of their powers when they receive a subpoena. But how could they hand over the technical documentation and other documents related to the management of the MKD to the new MA in time if they were not warned in time?

Meanwhile, the Ministry of Construction of the Russian Federation reminds that, according to the Housing Code of the Russian Federation, a copy of the decision on change of managing organization must be sent to the current MA.

The governing body of an MKD is a general meeting of owners of premises in an MKD (Article 44 of the LC RF). And in his powers - to choose and change MKD control method. The method of managing the MKD, according to part 3 of Art. 161 of the Housing Code of the Russian Federation, is selected by the OSS and can be changed at any time also on the basis of the decision of the OSS.

The selected managing organization starts managing the MKD from the date established by the management agreement. If such a date is not specified in the contract - no later than thirty days from the date of signing the management contract. These rules are established by Part 4 of Art. 198 and part 7 of Art. 162 ZhK RF.

Notification of the managing organization

The OSS initiator has an obligation specified in Part 1 of Art. 46 LCD RF, - transfer copies of decisions and OSS protocol to the managing organization, the board of the HOA, ZhK and ZhSK. And this must be done no later than ten days after the OSS in the MKD.

Full list technical documentation for MKD, which the previous managing organization must transfer to the new one, is presented in Decree of the Government of the Russian Federation of 08.13.2006 N 491.

In these documents you will find data on the composition and status of the OI in the MKD:

  • technical passport of the house;
  • documents for metering devices;
  • documents on the acceptance of the results of work, estimates, inventories of work;
  • inspection reports, condition checks;
  • acts of inspections and issued passports of readiness for the heating period;
  • instruction manual for MKD;
  • cadastral plan of the land plot;
  • extract from Rosreestr;
  • town-planning plan of the land plot;
  • documents on the operation of an easement or other encumbrance;
  • project documentation;
  • lists of owners, tenants and tenants;
  • agreements on the use of common property of MKD;
  • decisions and minutes of general meetings of owners.

If the owners of apartments in an apartment building are dissatisfied with the managing organization, they can change it. There is a special procedure certain rules regarding how to competently change the management company, or switch to the direct form of managing the owners of the premises of an apartment building, or create an HOA for this purpose. In this article, we will talk about how to change the managing organization correctly.

What you need to change the management company

It is not uncommon for apartment owners to believe that the management company provides them with low-quality or incomplete services. In such a situation, the tenants of an apartment building have the right to submit a demand for renegotiation of the management agreement in order to amend and supplement it. What sections of the document most often need editing? First of all, this is a list of works and services of the management company for the maintenance of the house, which does not meet the requirements of the State Construction Committee. In addition, it is often necessary to supplement the contract with information on how the management organization monitors the fulfillment of its obligations, what is included in the common property, and also in what order the amount of payment for the services of the management company changes.

In order to renegotiate a management contract, you must:

  1. require the management company to study the management agreement;
  2. compare the content of the agreement with the norms contained in the Housing Code of the Russian Federation (part 3 of article 162);
  3. describe the disagreements in the protocol and present it to the Criminal Code;
  4. if necessary, form working group with the participation of the managing organization to draw up the agreed text of the contract;
  5. consider the adoption of an agreed management agreement at a general meeting of residents;
  6. demand from the Criminal Code a copy of the agreed contract;
  7. provide the agreed text of the contract to apartment owners for study and signing;
  8. approve the main provisions of the agreement at the general meeting of tenants;
  9. if the management company refuses to negotiate the contract with the apartment owners, they can decide to change the management company and start the appropriate procedure.

Why do owners decide to change the management company in an apartment building

The obligations of the management company must be clearly indicated in the contract that the tenants of the apartment building conclude with it. The reason for replacing the Criminal Code in most cases is its failure to fulfill its duties or their performance is not up to the mark. The decision to change the management organization is often made by apartment owners due to the inaccessibility and opacity of information about the company's activities (the law obliges the management company to disclose information about its work to residents).

So, the most common reasons for changing the management company include the following.

  • Low quality services provided:
  • non-compliance thermal regime during the cold season;
  • irregular water supply, lack of hot water;
  • garbage collection with delays, etc.
  • Maintenance of common property in poor condition:
  • elimination of breakdowns of common house property and equipment is untimely (there are strict time limits for the performance of these works);
  • lack of or poor-quality repair, cleaning of the territory and other works.
  • Hiding dataabout your own work.
  • Untimely response to complaints from apartment owners, failure to fulfill their obligations.

If there are facts of inaction of the management company, apartment owners should file complaints. Each case of failure of the management company to fulfill its obligations must be documented with the drawing up of acts that will later serve as the basis for changing the management company.

If the Criminal Code does not respond to complaints and continues to ignore its direct duties, cooperation with it must be ended. The law provides for the right of owners to change the management company at the end of the contract. It is prohibited to terminate it during the first year of operation of the Criminal Code.

Expert opinion

The activities of a good management company should be transparent for apartment owners

Yu.M. Fedorov,

expert of the magazine "Management of an apartment building"

Preventing the appearance of debts among tenants of an apartment building is a more effective tactic than its collection. The better the management company fulfills its obligations, the higher the volume of payments collected, the more trust the company enjoys among apartment owners. When drawing up a strategy for its work, the managing organization must carefully analyze the needs and wishes of the residents of the MKD.

Is it possible to change the management company in a new building

After putting the house into operation, it begins to be serviced by the appropriate organization - the management company. In most cases, the developer, taking care of his own benefit, offers and otherwise advertises the services of a subsidiary. In addition, the company that built the MKD can involve in cooperation the management company that is involved in servicing houses in the area.

What is the benefit of engaging a subsidiary management company of a developer?

  • Utilities are provided immediately after the owners have received the keys to the apartments.
  • With a high degree of probability, the developer will control the maintenance of the house in good technical condition because it will directly affect his reputation.
  • The subsidiary management company is competent in solving any engineering issues.

Cooperation with a subsidiary management company of the developer has its drawbacks, among which are the following:

  • financial flows will pass not only through the management company, but also through the developer;
  • the managing organization will be able to artificially inflate the amount of utility payments;
  • using a "pocket" organization, the management company will be able to ignore the claims of residents;
  • the company will be able to dispose of the adjoining territory as the construction company deems necessary.

When drawing up an agreement with the management company, residents have the right to indicate in it a list of those works and services that they expect to receive from her. However this opportunity is not available when working with a subsidiary managing organization of the developer.

To prevent any of the above situations from happening, when moving into new buildings, many apartment owners decide to change the management company and prefer independent organizations. They have the right to do this only after at least 50% of the residents move into their apartments. With this indicator, the owners will have the right to form various partnerships, which, at meetings, decide how to change the management company.

2 ways to change the management company in the house

Method 1. When the contract expired

The moment when the contract expires is the best time to change the management company.

If none of the parties has expressed a desire to terminate the agreement, it is automatically extended. To clarify the validity of the contract, you must contact the administration directly or the management.

Method 2. When the contract is still in effect

It is much more difficult to change the managing organization if the terms of the contract have not yet ended. If the owners apartments MKD have already decided on the choice of a new Criminal Code, it is she who will deal with the termination of the previous contract. However, in the event that the HOA has not yet been selected, the owners themselves will have to take up the matter.

According to Art. 450 of the Civil Code of Russia, it is possible to terminate the contract before the expiration date in several ways.

  1. By agreement of the parties.

It is applied in the event that the owners of all apartments agree to change the managing organization. First, it is necessary to draw up and sign an agreement with the existing company, which discloses the algorithm for transferring to successors all documentation regarding the MKD, funds for settlements with service providers, unused materials, funds for repairs, etc. After the acceptance is carried out, you need to conclude an agreement with a new managing organization.

  1. According to the current agreement.

Some MKD service contracts contain information about the rules for terminating them. Usually, if the owners have notified the management company a month in advance of their intention to terminate cooperation, the company is automatically released from its obligations.

  1. In accordance with Art. 45 of the Civil Code of the Russian Federation.

This article serves as the basis for terminating the contract in the event of an unforeseen development of events. If one of the parties does not recognize the existence of this, the contract can be terminated by going to court.

  1. According to other laws.

The Housing Code of the Russian Federation (Article 161) enshrines the right of apartment owners to change the management organization. This can be done by creating an HOA, which will refuse the services of the Criminal Code and will manage the MKD.

However, with such a course of events, the algorithm for terminating the contract is not legally regulated. If these rules are not spelled out in the service agreement, its termination must be carried out at the general meeting in the manner described earlier.

  1. Judicially.

In case of significant violations of the terms of the agreement by the management company, apartment owners have the right to file a lawsuit in court to terminate the service agreement. Article 450 of the Civil Code reveals notion of material violations, which are:

  • non-compliance temperature regime in apartments;
  • the presence of non-working elevators;
  • irregular water and electricity supply;
  • roof damage, etc.

The management company violates the terms of the service contract not only when it is inactive in the presence of violations, but also in case of non-compliance with the deadlines. Having considered the evidence provided, which are the complaints and acts of the residents to the management organization itself or to the controlling authorities, the court terminates the agreement.

The agreement with the management company is signed by the owners of all apartments, so the decision to go to court must be made by the general meeting of residents. During the discussion, an authorized group is formed, each of whose participants receives powers of attorney from the owners of all apartments. The law does not provide for owners to apply to the court on their own behalf.

For a long time Russian courts did not recognize the right of general meetings of tenants to make a decision to change the management company in the absence of evidence of a significant violation by it of the terms of the contract. But, relying on the Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation of November 22, 2011 No. 7677/11 in case No. A65-11798 / 2010-SG3-14), the courts have changed their position over the past few years.

Today, MKD management contracts have a mixed structure, including elements of a contract for the provision of services and a contract with a predominance of the former. This fact means that the unilateral procedure for terminating the agreement at any time can be applied by the owners, not only when the Criminal Code does not comply with its terms. The grounds for terminating the contract may be the choice by the tenants at the general meeting of a different way to manage the house or the decision to change the organization.

In other words, having once chosen a certain Criminal Code and a method of managing an MKD, apartment owners are not deprived of the opportunity to change them, and for this it is not at all necessary to document the facts of violations by managers. By the way, the Criminal Code can also unilaterally waive its powers in relation to a particular house.

Change the housing and communal services management company and select a new management company

When choosing a new management company, the initiative group of residents should consider the following factors:

  • availability of a license (FZ No. 255 of July 21, 2014 states that a managing organization can operate only if it has a state license);
  • the nature of relations with the administration and work experience;
  • level of organizational work;
  • volumes of funds, founders;
  • how many houses are managed by this organization;
  • what condition are they in? material base and company documentation;
  • how open and transparent the organization's activities are;
  • whether the management company seeks to apply an individual approach when working with homeowners;
  • how quickly the company responds to requests from apartment owners;
  • qualifications and experience of employees;
  • the ratio of the number of technical workers and managers;
  • algorithm of work with utility providers, tariff policy.

The state registers of the constituent entities of the Russian Federation contain information about all management companies that have a license. This information is open, you can find it on the official websites of the Housing Supervision bodies of state executive power.

If the apartment owners could not independently choose a managing organization, local governments conduct open competition to determine the company that will manage the MKD. The law states that the competition must be announced within 3 days after the general meeting, during which the tenants announced the decision to change the management company, and held 30 days after its announcement.

The procedure for carrying out the change procedure

Stage 1. Formation of the initiative group

The initiative group of owners, which is organized by the council of an apartment building when changing the Criminal Code, may include members of the board of the HOA or any other owners of apartments in this MKD. She has legal access to any documents related to the house, including the cooperation agreement with the managing organization.

Stage 2. Collection of necessary documents

An initiative group of owners begins to collect documents in order to justify the need to change the management company. The law obliges managers, at the request of apartment owners in MKD, to provide all the necessary papers for review. In case of refusal, the owners should require a formal written response.

CC must provide:

  • acts of work performed and services rendered (for the last year);
  • acts of inspection of engineering networks at home (for the last 2 years);
  • service or management contract.

In the absence of documents, the Housing Code of the Russian Federation obliges the managing organization to issue the missing acts at its own expense.

After studying the documentation and drawing up a list of claims, an initiative group of owners holds a general meeting of residents. To ensure a quorum, notices of this event are sent to addresses no later than 10 days before the date of the event. An initiative group of owners prepares registered letters with a notification, handing them to each owner against signature. The meeting is declared invalid if even one owner has not received an official warning.

In addition, to inform each tenant, a announcement containing the following information:

  • in what form the meeting is held - in person or in absentia (voting);
  • Full name and passport details of each initiator of this meeting;
  • time, place, date of the event;
  • venue, date of commencement and termination of acceptance of ballots - in case of absentee voting;
  • the agenda of the event. The law prohibits changing the list of issues at a general meeting, as well as considering aspects that were not included in the meeting plan;
  • in the case of absentee voting, ballot papers should be included in the messages, which indicate the full names of the chairman, members of the counting commission, as well as the secretary;
  • how the apartment owners were notified about the place and time of the event.

Stage 3. Calling a meeting

To change the management company, you must terminate the service agreement with it. This decision can be made exclusively by the general meeting of owners of MKD apartments. The interests of tenants in this case are represented by members of the municipality. In the minutes of the general meeting, it is necessary to indicate the facts of violations of the terms of the contract by the Criminal Code, as well as justify all claims against managers.

Decisions of the general meeting of owners are valid if the event was attended by the owners of apartments in this MKD or their representatives, who have more than 50% of the votes of their total. The decision on the issue of changing the Criminal Code is made by a simple majority of the owners who were at the vote (in the event that more than half of those present vote in favor). In other words, if more than half of the tenants were at the meeting and more than 50% of them were in favor of changing the management company, the rest should obey. At the same time, the number of votes of one or another owner does not depend on the number of people, but on how many square meters of the apartment and total area The house belongs to this tenant.

The issue of choosing a new management company is obligatory item meeting agenda.

Stage 4. Selection of new managers

Before holding a general meeting of owners, the initiative group prepares a list of possible candidates, and also asks them to submit proposals regarding:

  • service agreement forms;
  • repair of MKD;
  • a list of home maintenance services;
  • tariff policy, etc.

By the date of the general meeting of MKD owners, it is necessary to prepare an agreement with the company. The list of works and services for the maintenance and repair of the house, which should ensure its safety and suitability for human habitation, have the right to determine the apartment owners themselves. In order to correctly compile the minimum list, it is advisable to contact the services of a specialist. The Housing Code of the Russian Federation (Article 162) defines list of items that must be included in the contract:

  • the composition of the common property of the MKD, which will be the responsibility of the managers of the house. For example, at a general meeting, apartment owners may decide to transfer building structures and engineering equipment to the maintenance of the management company. At the same time, it is not at all necessary to include the adjacent territory in the managed property; residents can hire a janitor or take care of it on their own;
  • a list of works and services for the maintenance and repair of common house property, as well as utilities; the procedure for making changes to these lists;
  • algorithm for calculating the amount of contributions for public utilities, as well as for the maintenance and repair of MKD; indication of payment methods.
    Attention! Tariffs for utility bills are approved by regional and local authorities, and the list housing services and their cost - independently by the owners of apartments;
  • the progress of control over the activities of the Criminal Code. The law protects the rights of tenants and obliges the management company to provide apartment owners with an annual report on the work to fulfill the contract.

Stage 5. Drawing up minutes of the meeting

The Housing Code of the Russian Federation does not contain clear requirements for the execution of the minutes of the meeting of residents of MKD. It must be drawn up in writing and signed by the members of the counting commission, the chairman and the secretary. During the general event, only the issues contained in the agenda should be considered. In other words, the decision to select new managers may be invalidated if it was made, but was not included in the plan of the meeting.

When drafting a protocol, the following aspects must be taken into account:

  • notification of interested parties and owners of all apartments about the meeting of MKD owners;
  • voting progress;
  • agenda;
  • the procedure for informing the Criminal Code about what decisions were made at the meeting and when the powers of managers are terminated (Article 45 of the LC RF);
  • procedure for informing residents and interested parties, including those who did not participate in the meeting.

Stage 6. Notification of the former and newly elected Criminal Code

After the general meeting, the residents of the MKD must inform the new organization of their desire to be under its management, as well as the old one about their intention to leave it. To do this, the owners hand over the minutes of the meeting to both companies.

After the general meeting of residents decided to change the management company, the managers have 30 days to transfer all the technical documentation about this MKD to the new management company.

In some cases, the owner of the premises in the MKD can appeal in court the decisions that were taken by the general meeting of residents no later than 6 months after their approval. In what situations is this possible?

  • if the owner was present at the meeting and participated in the voting, but was in the minority, and his legal rights and interests were infringed;
  • when, for one reason or another, the owner of the premises was absent from the meeting and does not agree with the decisions that were made, believing that they violate his rights and interests.

The claim may not be accepted by the court if:

  • violations are not significant;
  • the decision that one of the owners wishes to appeal has not caused him any loss;
  • the vote of this tenant is not capable of changing the outcome of the vote.

The Housing Code of the Russian Federation (part 6, article 20) states that the bodies of municipal housing control and state housing supervision can go to court with the aim of:

  • recognize the MKD management agreement as invalid;
  • liquidate the partnership;
  • recognize the decisions taken by the general meeting of apartment owners as invalid.

Appeal to the court in this case is possible in the following situations:

  • upon detection of violations of the procedures for the formation of a partnership of owners, the choice of a management company, the preparation and signing of an agreement on the management of MKD;
  • when the instructions to eliminate the inconsistency of the charter of the partnership and the amendments made to it with the mandatory requirements were not fulfilled within the established time limits.

Transfer of documents from one management company to another

So, 30 days before the MKD management agreement expires, the management company must transfer information related to the management of this house to its successors. However, in reality, interested parties often have to file a lawsuit, because cases when managers do not want to transfer technical documentation or simply do not have it are quite common.

Guided by the Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation of March 30, 2010 No. 17074/09 in case No. A40-73182 / 08-19-483, in most cases, the courts make the following decisions on such claims:

  • provide the new management organization with documentation for the house, if the management company that has been decided to change has it;
  • restore lost documents in their absence and transfer them to new managers.

In addition, there is a rule on the replacement of execution, according to which the "new" MC can restore the lost documents on its own, recovering the costs incurred from the predecessor company. Correctly executed and signed by the parties acts of acceptance and transfer of MKD for management will serve as proof that the former managing organization does not have all the necessary documentation.

The management company can take advantage of the expiration of the general limitation period in the event that its successors demanded the transfer of documentation after three years from the date of expiration of the management agreement. However, this rule does not apply when transferring registration cards of citizens. According to the Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation of September 6, 2011 No. 1089/11 in case No. A60-5559 / 2010-C3, these documents are drawn up during the registration of citizens in residential premises of the municipal, state and private housing stock and are of a public nature.

The procedure for the execution of a court order on the restoration and transfer of the lost technical documentation to the selected management company is quite complicated. In this case, lawyers recommend that the plaintiffs petition for the court to establish astrent as the responsibility of the former managing organization for non-execution of the court decision. Paragraph 3 of the Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation dated April 4, 2014 No. 22 states that astrenet is a sum of money that the defendant must pay in favor of the plaintiff in the event of non-execution of the court decision in voluntary before the due date.

In practice, cases are very common when management companies refuse to transfer the affairs of a newly elected organization, not recognizing in this way the decisions of the general meeting of residents. Therefore, the owners of premises in the MKD, who wish to change the Criminal Code, should take this issue with the utmost responsibility. Each violation of the rights of tenants must be recorded in writing. The package of documents that will be required to remove the organization from managing the house must contain:

  • copies of complaints of apartment owners to state control bodies or directly to the managing organization;
  • acts of non-compliance with standards;
  • copies of resolutions on bringing the Criminal Code to responsibility for improper performance or non-performance by it of its duties.

The newly elected managing organization has the right to complain to the housing inspection and the prosecutor's office, as well as to apply to the arbitration court if the previous Criminal Code does not recognize the results of the general meeting of residents of the MKD.

If it is not possible to change the management company by the efforts of the residents of the MKD, the apartment owners can file a complaint with the Department of Municipal Economy. According to Art. 165 Housing Code RF this organization will check the activities of the Criminal Code, and, if the facts of violations are confirmed, initiate a general meeting of the owners of apartments in this house.

If you want to change the management company in the shortest possible time and with minimal time, contact the services of intermediary companies that help residents of MKD to deal with unscrupulous management companies. The cost of their services can vary from 30 to 100 thousand rubles.

  • Three rules for concluding contracts with resource-supplying organizations when accepting / transferring MKD

Expert opinion

On the transfer of documents of registration of citizens

YES. Nesterenko,

expert of the reference system "Management of an apartment building", lawyer

If the former management company, during its work, accepted and transferred documents on registering the registration of citizens to the appropriate authorities, its obligation is to transfer these papers to the successor organization. Having received a refusal, the newly elected MC has the right to:

  • file a lawsuit with an arbitration court demanding the transfer of documents of registration of citizens to the former Criminal Code. Practice shows that in most cases the courts satisfy such claims. This is confirmed, for example, by the appeal ruling of the Murmansk Regional Court dated August 7, 2013 No. 33-2614-2013, as well as the decisions of the FAS of the Moscow District dated September 21, 2011 in case No. A40-73182 / 08-19-483 and dated September 17, 2013 in case No. А41-53549/12;
  • report to the GZhN authorities about the violation by the predecessor company of the Maintenance Rules in terms of the transfer of technical documentation, bringing it to administrative responsibility in accordance with the requirements of the Code of Administrative Offenses of the Russian Federation (Article 7.23.2).

How to get a refund after changing the management company

If the apartment owners regularly paid all the bills, however, due to poor-quality service, they decided to change the management company, then they have the right to return to the balance of the MKD the funds that remained on the accounts of the managers. What needs to be done for this? First of all, it is necessary to submit a request to the Criminal Code for the provision of a report on financial and economic activities, which consists of:

  • a list of work performed with an indication of their cost;
  • contracts with contractors;
  • budget documentation;
  • certificates of work performed, etc.

Studying the report will give the owners of MKD apartments an idea of ​​what work was carried out and by whom, how much money was spent, and most importantly, how much was left on the accounts of the management company. The responsibility of the managing organization is to transfer this amount to the account of the successor company or the HOA (in the event of a change in the form of management). In this situation, events can develop according to the following scenarios.

1. It is possible to change the management company without any problems. Employees draw up an act of acceptance and transfer of MKD, provide a report that does not raise questions from apartment owners, and transfer unused funds to the account of the new management company (HOA).

2. The procedure for changing managers is accompanied by difficulties. Often, the management company insists on further maintenance of the house or seeks to use the remaining funds on paper, which is why information about outstanding services or work appears in the reports.

If there is a suspicion that the owners of apartments in the MKD were cheated, then the lawyers of the new managing organization or the chairman of the HOA can order a construction and technical expertise. After submitting its results to the court, you can demand compensation from the former Criminal Code:

  • unused funds;
  • legal fees, if required;
  • expenses for construction and technical expertise.

3. In some cases, the owners of apartments in MKD find a negative balance on the account of their house. In this case, the former Criminal Code imposes a debt on the tenants, the amount of which can reach hundreds of thousands of rubles.

What could be the reasons for this situation?

  1. Residents of MKD during the voting decided to carry out repairs "on account of future payments." In this case, the management company has the opportunity to drive the apartment owners into a debt hole. Before changing the management company or creating an HOA, the owners will have to pay the managers for the services provided and the work performed.
  2. The management organization carried out repairs without first putting this issue to the vote of the residents. However, according to the requirements of the Housing Code of the Russian Federation, the costs of current repairs must be approved by the apartment owners at a general meeting. If the repair was not emergency, the law does not oblige the owners to pay for it.

Whatever the scenario, events develop, it is important to remember that each ruble listed in the Criminal Code must be used strictly for its intended purpose.

Expert opinion

Criminal fraud is a common thing

Vyacheslav Velichko,

director of a consulting company in the field of housing and communal services LLC "ZhKS-PRIMORYE"

In the housing and utilities sector, there are many schemes for fraud, which experienced managers are well aware of. It is extremely difficult for the layman to independently understand the estimates and reports, however, if you set to work, first study certain aspects.

  1. Repair work

Often, in the reports of management companies, the cost of the work performed is really overstated. How? For example, in accordance with the documents, 5 meters of pipes were replaced in the basement, but in fact - only 2 meters. Or no one changed the pipes at all. In this case, managers hope that none of the apartment owners will run around the cellars with a tape measure in their hands. To resolve this situation, it is necessary to carry out a thorough initial inspection of the MKD. Here, the residents will have to take the acts in their hands and check everything: have the pipes been replaced, how many new plastic windows appeared at the entrance, etc. If during the audit it turns out that according to the reports, the work was carried out, but in fact it was not, then the apartment owners should draw up a counter act and contact the management company with a claim for a refund.

  1. "Bloated" estimates

It often happens that the work was completed, but the reports are reflected at an unreasonably high cost. What are the most commonly overpriced expenses? First of all, this is the cost of fuel and lubricants, as well as the price of building materials. In addition, VAT may be included in the price, even if the company operates under a simplified taxation system.

  1. Services not performed

What to do if the report of the managing organization indicates the salary of a cleaner, but no one has ever seen her in your house? In other words, the MC regularly charged residents for work, but the service was not provided. In order to prove the fact of a violation of their own rights and demand a recalculation, the owners must have written complaints to the Criminal Code, as well as acts stating that the entrance was not cleaned.