Changing the management company is easy. How to change the management company in an apartment building: all stages of the procedure

According to the Center for the Study of Public Opinion, 10% of citizens consider the problems of housing and communal services to be one of the main troubles of the state. Urban dwellers suffer from inflated prices for utilities and poor performance of management company obligations. We tell you how to change the management company in apartment building or choose new way management of multi-apartment housing construction.

Control methods

There are 3 types of control:

1. Direct control.
2. Management of an association of apartment owners or a housing cooperative.
3. UK management.

What is the difference between each method?

Direct control is possible only in small houses with up to 30 apartments. IN major cities there are few such houses, so most high-rise buildings are served by HOAs and management companies.

In a house managed by the HOA, the chairman of the board is fully responsible for carrying out repairs, landscaping and other activities. ZhSK or HOA can conclude an agreement with the Criminal Code without changing the form of house management. In this case, the hired company will be responsible.

In a house under the management of the management company, the company sets all the working conditions on its own: tariffs, wages of subordinates. In addition, the management company has the right to serve any number of residential buildings.

Can one house serve several management companies at once? And does it happen that several control methods operate in one house at once?

Based on part 2 of Art. 161 of the Housing Code of the Russian Federation, owners must choose one of the management methods. Only one company can manage an apartment building.

Often, inspection bodies detect violations of established standards. For example, the same house is served by several organizations at once. Such violations lead to the following problems:

• improper maintenance of the house;
• different ways formation of a capital repair fund on one house and, as a result, different terms for carrying out the same work.

In addition to the above, the rights of citizens to own, use and dispose of common shared property are violated.

What is the most popular management method?

In St. Petersburg, the UK is the leader. Based on the analytical data of the housing committee, there are over 23,000 high-rise buildings in the city, of which 5,000 houses have been created by HOA, the remaining 18,000 houses are serviced by management companies. Of these, 16,000 are served by management companies with the participation of city co-financing, the rest are private organizations.

This method of management has existed for more than one year, and rarely does anyone want to change something in this well-established system. The desire to change the management company or create their own homeowners association is more often visited by residents of new buildings, in which the Criminal Code has already been appointed.

When does it make sense to change the way you manage?

To do this, there are objective indicators by which it can be understood that the Criminal Code is not coping with the obligations assigned to it. For example, if current repairs are not carried out or there is no information on financial and economic activities on official sources.

If there is a strong business executive in the asset of the house, you can transfer the management of the house into the hands of the HOA.

How to change the management company or switch to another system?

This issue is decided at the general meeting. The owners must draw up minutes of the meeting, choose another management company or method of managing the apartment building, and approve the terms of the contractual agreement. It is also necessary to discuss the terms, the cost of maintenance, the composition of the common property. After that, the previous management company must transfer all documents to the new organization.

Difficulties may arise at this stage, since the rejected management company may delay the transfer of technical documents to the house. This is a violation, for the solution of which it is necessary to contact housing inspection. The housing inspectorate can seize a house from the Criminal Code without lengthy litigation.

Meeting of homeowners. From what moment can the buyer of an apartment take an active part in it?

Previously, only those who had already registered an apartment and received a certificate of ownership could take part in the meeting of homeowners. Now everything is different, and equity holders who do not yet have the right to own an apartment can vote for a change in the management company.

Who can initiate a Residents' Meeting?

Any owner can do this. According to the current law, the Criminal Code, the HOA and the housing cooperative must submit to him a list of apartment owners; without it, the meeting will not have legal force.

The register of apartment owners is a mandatory annex to the minutes of the meeting. In its absence, the meeting will be considered to be executed with violations, which means that the decisions made at the meeting will be canceled.

How to gather all tenants for a general meeting?

It is extremely problematic to gather all the tenants to discuss such an important issue as changing the management company. But in order to achieve this goal, you need to get the consent of at least half of the owners.

Therefore, with the owners who could not attend the meeting, it is possible to conduct a face-to-face survey.

Do you have any questions? Leave your contact details and our specialists will call you back.

If the tenants are not satisfied with the work of the managing organization (MA), it is worth thinking about changing it. For example, money intended for general house needs “leaves”. Or the management company has been declared bankrupt.

Changing the management company in an apartment building is not as difficult as it seems. How to do this correctly is discussed in the article.

Ways to change the management company

The LCD does not give the right to change the management company without reasons. There are a few stipulated limitations that need to be taken into account. After getting acquainted with them, residents independently choose the way to change the Criminal Code to make the process as easy as possible. These include:

1. Any violation of the MA management agreement may lead to the termination of the agreements, but unilaterally.
2. At the end of the term of the contract, the old MC can be replaced by a new one.
3. If the MA makes concessions and is ready to terminate the contract on its own.
4. Deprivation of a license for the activities of a managing organization (see Article 199 of the LC RF);
5. Change in the way of managing the house in connection with the transition from the HOA to the management of the funds of the Criminal Code or vice versa.

Note: The operating standards of the management company are regulated by Article 162 of the RF LC, on their basis, you can refuse to provide services. The term of the contract concluded with the Criminal Code cannot be less than one year and more than five years.

If the company cannot serve the territory allocated to it, provide comfortable living for all residents apartment building So, this is already a weighty reason to change it.

Holding a meeting of owners

To change the management company in an apartment building, you need to hold a general meeting. It must be attended by all tenants of the apartment building. Therefore, notices are prepared in advance indicating the place and time. It is advisable to do this two to one and a half weeks before the date itself.

Read also: Reducing the cadastral value of the land

If not all residents receive notifications, someone will be absent without good reason– the meeting is considered illegal and no decision will be made. Accordingly, the recorded information will not be taken into account.

The counting commission must be invited to the meeting. It is needed in order to record the number of votes "for" and "against". The decisions of the apartment owners are entered into a document, which is then signed by both the commission and the owners.

Important: It is this commission that makes the decision. The main factor is the number of votes of residents. If more than half decide to abandon the current Criminal Code, then the immediate stage of its change begins.

Choosing a new MA

The selection of a company to conclude a new contract should be approached with special attention. Several options are selected in advance, even before the official refusal of the services of the current one.

In this case, you can avoid all possible problems and another replacement of the Criminal Code. In order not to make a mistake with the choice, you should pay attention to those organizations that have been in the service market for a long time and have enough positive reviews.

After collecting information about the new service provider, a meeting of tenants is held, where information about the activities of the management company, reviews and other data is provided. If the tenants approve the proposed option, you can proceed to renegotiate the contract.

Re-registration process

If you just need to amend your existing service agreement, it's best to go through the less time-consuming renegotiation process. In order for the procedure to be successful, a sample contract is drawn up in advance and presented to all owners. The issue is put on the agenda at a meeting of tenants. If some of them have questions or doubts, it is better to decide everything in advance.

The question of how to change the Criminal Code of an apartment building is extensive. In general, the whole process can be divided into several stages:

1. Choosing a new company to service an apartment building.
2. Gathering of tenants for a meeting with voting.
3. Drawing up a contract, signing it by the owners.
4. Notification of supervisory authorities and the old Criminal Code of the fact of the change.

SpbHomes.ru figured out the issue.

Procedure and documents

The conclusion of the contract for the management of the house in new buildings by the management company occurs immediately after the house is put into operation. The standard term of the agreement varies from 1 year to 5 years.

There are several ways to manage an apartment building:

• Establishment of a homeowners association (HOA);
• Creation housing cooperative(LCD);
• Selection of the management company by a majority vote of the owners;
• Management of the house by the tenants themselves, if there are no more than 30 apartments.

When choosing a form of management of an HOA or LCD, it is their representatives who carry out necessary work in the house or hire a third-party management organization and monitor the quality of its services.

In this material, we are only interested in the 3rd point - the management company. Is it possible to change the management company at home? Of course.

In order to change the management company in an apartment building to another, it is necessary to be guided by the provisions of the Housing Code of the Russian Federation.

• You can terminate the contract with the Criminal Code after the expiration of the concluded contract;
• Early termination is possible with proven facts of obvious violations by the Criminal Code;
• Early termination is possible if the majority of the owners voted for the change at the general meeting;
• If the UK was deprived of a license;
• By mutual agreement of the parties to the contract;
• When changing the way of management.

Most often, the main reasons for dissatisfaction are the poor performance of the management company (lack of repair, cleaning work) or high, unjustified tariffs.

A case related to the developer "CDS" has become widely known: after the commissioning of the house of the residential complex "New Murino", an agreement was concluded with the management company "ZhES-4", which formally has nothing to do with the developer, however, the founder of the management company and the co-owner of "CDS" is one face.

Residents complained about high utility bills, poor quality in the implementation of repair work. After an accident with one of the owners in the elevator, burst loud scandal, but the UK still managed to change.

What should owners do in this case?

Free legal advice:

1. Hold a general meeting. An absolute majority (more than 50%) has the right to vote on behalf of all owners;
2. Draw up and sign the minutes of the meeting in accordance with the requirements of the Ministry of Construction;
3. Send a copy of the protocol to the management company;
4. Choose a new management company;
5. Conclude an agreement with the new Criminal Code.

How to change the management company in an apartment building?

The housing legislation of the Russian Federation provides for 3 forms of management of apartment buildings: management of the management company, HOA and housing cooperative. The difference is that the HOA and the housing cooperative are an association of homeowners, and the management company is a third-party organization to which the owners have delegated management.

Regardless of the form of management, sometimes tenants need to make changes in the management of the house. To change the HOA or housing cooperative to any management company, in general, is not difficult.

The procedure is not much different from the above:

• It is necessary to hold a general meeting;
• The initiative group must collect the signatures of the residents (the change is possible if there are votes “for” the change in the form of management - more than 50%);
• Record the course of the meeting in accordance with applicable regulations;
• Notify the HOA or housing cooperative (if necessary);
• Homeowners associations and housing cooperatives are legal entities, so they can carry out their activities until they are liquidated;
• Sign a service agreement with the new management company.

IN Lately the practice of managing houses by affiliated (subsidiaries, attached) management companies from the developer is widespread. This is due to the fact that often construction company easier to maintain communication and general technical condition buildings than third party organization: the developer is aware of each specific features of a particular object. In addition, this and additional income, and a further opportunity to correct defects or errors during construction. Another reason for the implementation of management through the management company from the developer is the restriction on the independent choice of the management company or the creation of an HOA until more than 50% of the apartments in the house are sold.

YIT carries out further full management of its facilities through YIT Service Management Company. Such, for example, are the residential complex "Novoorlovsky" in the Primorsky district and the residential complex Fjord in the Vasileostrovsky district.

Free legal advice:

LenSpetsSMU (ZAO Servis-Nedvizhimost), Leader Group (UK Leader) and DOCKLANDS development (UK Docklands) also have their own management companies. The conclusion of the contract occurs almost “by default”, therefore, various delays associated with bringing the house in line with the norms before transferring it to a third-party management company are excluded.

Developers also have partnerships with a number of management companies. For example, L1 has a permanent partner of Continent Management Company, which has no legal relationship with the developer company itself. Representatives of the developer told SpbHomes.ru that they have moved away from this practice in CDS, so they hold a competition for each object among the management companies of the development area. The developer GlavStroyComplex has a similar practice.

Residents of new buildings will be able to appreciate the work of the management company, perhaps, only after a couple of years after the complete shrinkage of the house.

How to change the management company or HOA in the house, choosing a new management company

If the owners of apartments in an apartment building are not satisfied with the managing organization, then they can change it. However, can they change more than one management company for another, but, for example, create their own HOA? Or vice versa, switch from the Criminal Code to the HOA? How to change the management company in an apartment building, and many other issues will be discussed in this article.

Free legal advice:

Is it possible to change the management company to another

The owners have the right to choose the method of government: for example, they can organize a partnership of homeowners, or they can give the board into the hands of the managing organization.

Since 2015, the rules for conducting activities for management companies have become much tougher: for example, they are required to be licensed. However, their work does not always bring satisfaction to apartment owners, especially since they pay decent money for house maintenance. That is why the question of how to change the management company in an apartment building is so acute.

Is it possible to change the Criminal Code to HOA and vice versa

If you are interested in a short answer, then it is positive: you can!

The most common reasons why owners decide to change the management company to an HOA are improper performance of services, as well as inflated tariffs. Inflated tariffs - this is the reason that can be explained. UC is commercial organizations and therefore they cannot work without making a profit. It is rather difficult to prove the improper provision of services, however, everything is feasible if the owners are familiar with the norms that the management company must adhere to.

Some management organizations do not fulfill all their obligations specified in the agreement with the owners, and then the owners of residential premises also face the question of whether it is possible to change the management company, and if possible, it is better to change it to another similar one or create a homeowners association. It is possible to create a partnership after working with the Criminal Code, and even sometimes it is simply necessary.

Free legal advice:

In order to change the Criminal Code to an HOA, you need to make a decision to create a homeowners association, as well as be patient, because in practice most management companies are in no hurry to transfer the reins of government to homeowners' associations.

It is also possible to change the HOA to the Criminal Code.

Change of HOA

The question of how to change the HOA to another partnership does not make much sense. In a house that has entrusted the reins of government to the HOA, there is usually only one partnership of owners and it will not work to move to another. However, you can re-elect the chairman of the homeowners association if the work of the previous one does not suit you.

In order to change the chairman of the HOA in accordance with all the rules, it is necessary to send each owner a notice of the meeting by registered mail. You can just notify everyone in the house about the upcoming meeting. For the meeting to be legitimized, at least 50% of the members of the HOA and also at least 50% of homeowners must be present.

During the meeting, an electoral process must take place in the form of an open or closed ballot, according to the results of which a new chairman will be selected. An obligatory element of any meeting of the HOA is the protocol. After the appointment of a new chairman, it is necessary to send notifications to the Federal Tax Service and other authorities about the change of chairman. INFS should also make an adjustment to the Unified State Register of Legal Entities of the partnership regarding its head.

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Also at the meeting, a decision can be made to transfer the maintenance of the house to any management company.

You may also find it helpful to read this chart:

The legislative framework

Changing the management company in an apartment building is a question that was asked by every second homeowner. However, changing the Criminal Code can actually be much more difficult and therefore homeowners should understand legislative framework this action. Main normative act, acting as a regulator of the activities of management companies, is the Housing Code of the Russian Federation. According to the current housing code, you can find out the responsibilities of the Criminal Code, as well as the reasons why owners can change the Criminal Code.

Foundations

The owners of apartments in an apartment building can change the management company for the following reasons:

• at the request of the majority of the owners, expressed during the general meeting (in this case, it is appropriate to talk about the failure of the management company to fulfill its obligations or the increase in service tariffs by the management company);
• lack of a license from the Criminal Code;
• if the Criminal Code does not fulfill its obligations or fulfillment, but in an improper way.

Even one reason will be more than enough for the owners to move to another management company or completely change the type of government.

Free legal advice:

The procedure for changing the Criminal Code in an apartment building

The procedure for changing one CC to another involves the passage of several stages. Consider them:

1. The decision by the apartment owners that it is time to change the management company.
2. Selection of a new management company.
3. Transfer of the minutes of the meeting of the old and new Criminal Code.

In addition to these steps, intermediate stages are also implied, namely, holding meetings of the owners of apartments in a residential building. Several intermediate meetings can be held, as well as one main meeting, during which a decision will be made to refuse the services of the previous company, and also based on the results of which a decision will be made on the choice of a new organization.

Notification

In order for the main meeting to be considered legal, notice of the change of management company must be sent to each homeowner by registered mail no earlier than 10 days before the expected date of the meeting.

If at least one owner of the apartment is not notified, then the meeting itself and its results may be considered illegal. Also, in order for the results of the meeting to be legal, at least half of the total number of homeowners must be present at it.

The procedure for transferring documents

The selected authorized person, or the elected UK or the chairman of the HOA must apply to the old UK with an application for the transfer of documentation. The application should be accompanied by a passport, a protocol on the change of the Criminal Code, as well as a certificate of registration (if a representative from the HOA or the new Criminal Code applies to the old Criminal Code).

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If the meeting at which it was decided to choose a management company was in absentia, then, among other things, a register of owners of premises in a non-residential building, a document confirming their notification of the upcoming meeting, as well as documents confirming the voting and the recruitment of a sufficient number of votes.

According to the current legislation (2017), the old management company can continue to perform its functions for no more than two months after the owners decide to change it.

The old Criminal Code is obliged to check the documents from the representative of the new Criminal Code or HOA within 2 days from the date of their receipt. If the old Criminal Code finds errors in them, then it is obliged to notify the sender about them.

If everything is in order with the documents, then the old Criminal Code begins the process of transferring documents to the new Criminal Code or HOA. The documents must be handed over to the new management company or HOA within a month before the new board becomes obliged to manage the apartment building.

Haven't got it all yet? Watch the video, it also tells everything as it should:

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The procedure for changing the HOA to the Criminal Code

In order to change the partnership to a management company, it is necessary, as in the case of a change in the management company, to organize a meeting of owners, during which it is necessary to consider the issue of liquidating the partnership, and also decide on the management company. The algorithm of actions is similar to the one already described above.

1. The first thing to do is notify all owners of the meeting. When the quorum is met, the meeting can begin.
2. Based on its results, a protocol should be drawn up, which subsequently play important role in the transfer of documents from the association of homeowners of the Criminal Code.
3. The first also has two months to complete all the affairs and transfer them into the hands of a new managing organization.

As you can see, it is not difficult to move from an HOA to a management company.

A separate issue is the refusal of the previous Criminal Code to transfer documents to the new Criminal Code. In this case, you can file a claim with the court.

Choosing a new management company

The selection of a new MC consists of several stages. Consider each of them:

1. preparatory activities. So, even before the meeting, it is necessary to know approximately which managing organization should be chosen, which one you want to change the existing one to. Also, the preparatory activities include sending notices about the upcoming meeting and its agenda.
2. Conducting a meeting. In order for the meeting to be considered legal, at least 50% of the total number of owners must be present at it. The protocol is considered to be the output. The decision is made by simple majority vote.
3. After the meeting, copies of the minutes must be made and sent to both the old and the new CC.
4. Conclusion of an agreement with the new Criminal Code.
5. Transfer of documents from the old Criminal Code to the new one.
6. Conclusion of new management contracts with resource-supplying enterprises.

Free legal advice:

Explanations

How to change the management company? Step by step guide with sample documents

Is the management company not doing well? Or have you begun to suspect that your money is going “in the wrong direction”? Or did they simply decide to bankrupt your management company?

There is only one answer - the management company needs to be changed!

Step 1. Choose an alternative management company.

Look at all kinds of ratings of management companies (here is our old rating, and here is the rating of the administration of the city of Krasnoyarsk, or here is the rating of the Housing Reform website). Go see the yards. Chat with the residents of the houses that are served by the UK candidates.

If you live in the city of Krasnoyarsk, then it would not be out of place to look at the list of violations found in the houses of the UK candidate by the Construction Supervision and Housing Control Service.

Free legal advice:

Be sure to discuss the issue of changing the Criminal Code with your neighbors. Go to the management of the management company you have chosen and discuss all your questions. Moreover, it is necessary to go with the largest possible group of skeptical citizens.

Step 2. Choose a way to change the Criminal Code.

The Housing Code does not give us the right to just take and change the management company. There are a number of restrictions, and knowing them, you can choose how you will change the management company.

The main ways to change the Criminal Code:

Free legal advice:

However, there is some remark: in the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 11/22/2011 No. No. 7677/11, this paragraph of the Housing Code is interpreted in such a way that the owners can change the Criminal Code if they decide to do so at the meeting, even if there were no significant violations of the management agreement on the part of the Criminal Code.

By the way, this method has one important plus - if the new Criminal Code does not live up to expectations, then it will be possible to change it by holding just one meeting of the HOA board, if this is provided for by the charter of the partnership.

Step 3. We hold a meeting of owners to change the management company in person and in absentia.

Before holding a meeting, we carefully study the management agreement with the old Criminal Code. This will avoid many mistakes.

Free legal advice:

1) Prepare the agenda for the meeting.

The meeting agenda should include questions about:

a) holding a meeting in the form of absentee voting,

b) termination of the management contract concluded with the old management organization,

c) choosing a method of managing and approving a new managing organization,

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d) approving the terms of the management agreement between the owners and the new managing organization, as well as approving the amount of the fee for the maintenance and current repairs of common house property,

e) the timing of the transfer of technical documentation (no later than 30 days before the termination of the management agreement with the old management company, the recommended period of days from the date of the meeting) and accumulated funds from the old management organization to the new one (after termination of the management agreement),

If the old management company has lost the technical documentation or part of it, it is obliged to restore it within three months at its own expense (clause 21 of Rules No. 416).

f) questions about the procedure for notifying owners of the results of the meeting and the place of storage of the original minutes of the meeting.

2) At least 10 days in advance, we notify all owners of premises in the house about the meeting.

Free legal advice:

According to the housing code, it is necessary to notify by registered mail or personally against signature. However, if earlier at the meeting of owners you decided on another appropriate method of notification, for example, by posting announcements at the entrances to the entrances, then you can use this method.

If you do not remember making such a decision, look in the current management agreement and the minutes of earlier meetings of owners. Many contracts have this clause.

Do not forget to keep a register of notifications (registry sample).

In the register, if we handed the notice to the owner personally, then he signs for the receipt of the notice himself. If we have sent a notice by registered mail, we will record this with a number. postal item. If we have posted (hung) a notice in the prescribed place, then we make a record of this, and the person who posted the notice, as well as one or two witnesses, leave their signatures.

In addition, since April 2016, the complete register of owners of premises in the MKD has become a mandatory annex to the minutes of the meeting (paragraph 19, link).

Free legal advice:

It is not necessary, but highly desirable, to keep a register of the issuance of forms to owners.

4) We conduct the correspondence part of the meeting in full-time and in absentia form. We go around the owners who were not present at the face-to-face meeting.

The form of the decision of the owners is still the same.

5) We draw up the minutes of the meeting.

Free legal advice:

Actually, everything is clear from the sample minutes of the meeting.

6) We notify the owners of the results of the meeting.

Notice of the results of the general meeting of owners is posted no later than ten days after the end of the meeting in a place determined by the decision of the general meeting of owners of premises in this house and accessible to all owners of premises.

In addition, do not forget that from now on we are obliged to send a copy of the minutes of the meeting to the managing organization operating at the time of the meeting within the same ten days.

Step 4. We notify the old managing organization that we have changed it.

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Step 5. We conclude a management agreement with a new managing organization.

After the meeting is held, the minutes of the meeting are drawn up and the management agreement is signed, the new managing organization will have to apply to the state housing supervision body in order to amend the license of this managing organization.

If all documents are in order, then changes to the license are made within 10 working days from the date of receipt of the application (clause 4 of the Procedure approved by the order of the Ministry of Construction and Housing of the Russian Federation dated December 25, 2015 No. 938 / pr).

Free legal advice:

Step 6

You start paying for the new management organization only from the moment when the State Housing Supervision authorities include your house in the license of the new management organization. This information is easy to verify, since the bodies of the State ZhN are obliged to post it on their website on the Internet.

If you have any questions, please leave them in the comments to this material.

Dmitry Ivanov for nkzhkh.rf

Samples of documents were prepared by Serafima Vinogradova, lawyer of the People's Control in Housing and Public Utilities Ministry.

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Subject: HOA: change of management company

I am a board member of the HOA.

Between our HOA and the management company, another 5 year contract was concluded for the provision of services for management, ensuring the provision of public services, ensuring Maintenance and operation of residential apartment buildings.

IN currently a situation has arisen when this managing organization does not suit us for a number of reasons and we are considering the issue of concluding a management agreement with another management company

The board of the HOA, on behalf of the general meeting, decided to terminate the contract with the first company and conclude with the second. However, the first Criminal Code refused to transfer documentation to the house and continues to accrue communal payments and maintenance payments.

Help, advise what we should do to change the Criminal Code?

Reason: clause 8.2 of Art. 162 of the Housing Code of the Russian Federation

An apartment building can be managed by only one managing organization (part 9 of article 161 of the Housing Code of the Russian Federation).

How to change the Criminal Code if there is an HOA in the MKD

Is the management company not doing well?

Is the management company not doing well? Or have you begun to suspect that your money is going “in the wrong direction”? The management company needs to change! How to change CC?

The HOA has the right to conclude an MKD management agreement with the Criminal Code. This right is enshrined in paragraph 1 of part 1 of Art. 137, part 2.2 of Art. 161 ZhK RF. The conclusion of an agreement on the management of MKD with the management company is not a change in the way of managing MKD.

If there is a management agreement between the management company and the HOA, LCD, SEC, the latter control the work of the management company. Control is exercised over the fulfillment by the management company of obligations under the contract, including: 1) the provision of all services and / or the performance of work to ensure the proper maintenance of the common property in the MFB; 2) the provision of utilities, depending on the level of improvement of the MFB.

Step 1 . To change the managing organization, the housing association needs to find out and understand:

• who in the HOA chooses the management company to conclude a management agreement;
• on what grounds is the change of the Criminal Code;
• how to make a decision in the HOA to change the Criminal Code;
• how to change the management company that has lost its license to manage MKD,
• look at the various ratings of management companies in your region,
• be sure to discuss the issue of changing the Criminal Code with neighbors,
• go to the management of the management company you have chosen and discuss all your questions,
• go, look at the yards, talk with the residents of the houses that are served by the UK candidates.
• It would not be superfluous to look at the list of violations found in the houses of the Criminal Code candidate by the Housing Inspectorate.

The Housing Code of the Russian Federation does not give us the right to just take and change the management company. There are a number of restrictions, and knowing them, you can choose how you will change the management company. The main ways to change the Criminal Code:

1) Selection of a new managing organization at the end of the management agreement with the old management company.

2) Significant violations of the management agreement of the old managing organization, giving apartment owners the right to terminate the management agreement unilaterally (part 8.2 of Article 162 of the Housing Code of the Russian Federation).

3) Deprivation of the management company's license for the right to manage your house in accordance with Article 199 of the Housing Code of the Russian Federation.

4) Termination of the contract by agreement of the parties, if the old Criminal Code agrees to terminate the contract.

5) Changing the way the apartment building is managed residential building. For example, at a general meeting of owners, you decide to create an HOA or TSN, but subsequently the partnership does not manage the apartment building on its own, but hires a management company for this in accordance with paragraph 1 of part 1 of article 137 of the Housing Code of the Russian Federation.

Note. The Criminal Code may not recognize or challenge the results of the general meeting of owners of premises in the MKD held by the local government or the general meeting of members of the housing association. The Housing Code of the Russian Federation does not contain an indication that the MKD management agreement concluded between the HOA and the Criminal Code can be terminated unilaterally.

Step 3 We are holding a meeting. The procedure for changing the Criminal Code and terminating the management agreement must be reflected:

The competence of the governing bodies of the HOA and the procedure for making decisions by them is established by the charter of the HOA. This is determined by part 3 of Art. 146 ZhK RF. The charter of an HOA (LC, SPK) may state that the HOA (LC, SPK) has the right to decide on the choice of a new management company. The decision can be made:

• general meeting of members of the HOA, LCD, SEC (by a simple majority of votes or a qualified majority);
• board of HOAs, ZhK, SEC (by a simple majority of votes or a qualified majority);
• chairman of the HOA, LCD, SEC (individually or in agreement with the board of the HOA, LCD, SEC).

Step 4 We notify the old managing organization that we have changed it.

If the meeting decides to change the method of managing an apartment building, the person authorized by the meeting, within 5 working days, sends to the address of the old management company, as well as to state housing supervision bodies, municipal housing control bodies, a notice of the decision taken at the meeting with a copy attached this decision.

This notice must contain the name of the organization chosen by the owners of the premises in the apartment building to manage this building, its address, and in the case of direct management by the owners of the premises in such a house, information about one of the owners specified in the decision of the meeting on choosing the method of managing the apartment building (p. .18 of Regulation No. 416).

Step 5 We conclude a management agreement with a new managing organization.

According to Part 1 of Article 162 of the Housing Code of the Russian Federation, more than 50% of the owners of premises in an apartment building must sign a management agreement with a new managing organization. If the owners do not take this action, then the management contract is not considered concluded, regardless of the decision of the general meeting of owners.

Some features.

1. If the management company does not comply with the terms of the MKD management agreement, the housing association may apply to the local government (LMS) to inspect the activities of the MA. This is determined by Part 1.1 of Art. 165 ZhK RF. The OMS convenes a general meeting of the owners of premises in the MKD, if, based on the results of the audit, the MA's failure to comply with the terms of the management agreement is confirmed. The General Meeting is convened to decide on the termination of the contract with the MA and on the choice

a new MA or a change in the method of managing the MKD. The fact that the management agreement is concluded between the HOA and the MA complicates the process of its termination. Based on the results of the inspection, the OMS may propose to hold a general meeting of members of the HOA or a general meeting of owners of premises in the MKD (this is not expressly provided for by the RF LC). Termination of the management contract should take place not only based on the results of the audit, but also in accordance with the charter of the HOA, LCD, SEC and the terms of the contract

MKD management. The results of an unscheduled inspection conducted by the local government may serve as evidence of the failure of the MA to fulfill its obligations in court.

2. To carry out activities for the management of MKD, you must have a license. This is established by Part 1 of Art. 192 ZhK RF.

The change of the Criminal Code occurs: if information about the MKD is excluded from the register of licenses of the constituent entity of the Russian Federation; the license of the Criminal Code is terminated or it is canceled. In the contract for the management of MKD, the case of depriving the management company of a license to manage MKD should be considered separately. You can specify that in the event of termination of the license of the Criminal Code or its cancellation, the HOA reserves the right to terminate the contract unilaterally.

In the management agreement, reflect how mutual settlements will be carried out between the UK, HOA, resource supplying organization and owners of premises in MKD. Specify in the contract the date before which the MA will fulfill its

responsibilities. This may be the date of: termination of the license for the management of MKD or its cancellation; the emergence of obligations under the contract for the management of MKD by the new management company. The case when an HOA (LC, SPK) takes control or enters into an agreement on the maintenance and repair of common property in an MKD is not considered in the RF LC. The housing association decides how it will continue to manage the MFB, in accordance with the provisions of its charter.

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1 Comment

1. Maria S. 3 months ago

Thank you for the article.

Great blog that I enjoyed reading.

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Transition by law: how to move from an HOA to a management company? How to choose and organize, tips for replacing partnerships

If the owners of real estate located in an apartment building do not like the way the managing organization works, they can change it. You can go to another UK, or organize an HOA.

The options are different, but a special procedure must be initiated. Owners of premises should take part in it.

How to choose an HOA?

In order to form a partnership, you must do the following:

1. choose active people who have housing in the house, and form an initiative group. Any resident can initiate the process.

The group should invite those people who are ready to take on public duties.

At the meeting, it is necessary to resolve issues that relate to the election of officials.

Transition from HOA to HOA

There is one more option. It consists in joining an already existing non-profit organization.

You need to choose the right partnership. To do this, you need to evaluate its results of work, the level of services provided. It is worth joining only if it will improve the quality of service.

Change procedure

Even choosing an association, you still have to create an association of owners in your house.

The procedure consists of the following steps:

1. creation of a partnership.
2. Holding a general meeting, which must be attended by the owners of housing from two houses. Residents of another house have the right to refuse the reorganization and merger.
3. Formation of the merger. This can be done by merging two legal entities, or the connection of one HOA to another was recorded.
4. Creation of a new Charter, budget documentation and work plan.

The package of papers must include the decision on reorganization adopted at the meeting, as well as the deed of transfer.

In some cases, the merger agreement must be submitted to the Federal Tax Service. You must also attach a receipt, making payment for the state duty.

In the event that the reorganization is not foreseen, and the quality of services provided by the partnership does not satisfy the tenants of the house, it is possible to change the chairman.

Deadlines and fees

The created partnership must be registered with the Federal Tax Service. To do this, you must submit documents and a receipt confirming the payment of the fee. Amount 4000 rub.

If the association is registered in Moscow, then the details of the tax inspectorate No. 46 must be indicated on the receipt.

It is she who is engaged in the registration of all legal entities, regardless of which district of the city they are located in.

The procedure takes 7 days.

Conclusion

If the house is managed by the HOA, but the owners of the property are not satisfied with the level of service, they can change the partnership to the managing organization. In some cases, one partnership may join another if, as a result of the procedure, the quality of services provided to residents will improve.

All these points must be documented. Replacement information must be communicated to the authorities.

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Moscow St. Petersburg Other regions:

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• Alexander - Bankruptcy of the HOA or who is responsible for their debts? 14
• Olga - Who can initiate audit and how to check homeowners association for theft? The cost of the audit and the work of the counting commission of the HOA 7
• Arina Abramova - What taxes does the HOA pay? 8
• Potap Denisov - What are the obligations of the HOA to the tenants and what to do if these obligations are not met? Everything about what such partnerships are responsible for 1
• Svetlana Danilova - We re-elect the manager of the house: the procedure for changing the chairman of the HOA and the nuances of the procedure 1
• Alexander Denisov - How to deal with non-payers' debt? Does the HOA have the right to post lists of debtors? 1

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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 the management company can help. 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 legislation the company can be replaced already one 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 duties of the managing organization include 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 the premises of an 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

It is possible to change the management company in an apartment building 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 action to correct violations, complaints about the inaction of the management company to the State Housing Inspectorate, Rospotrebnadzor and / or the Prosecutor's Office are possible.

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.

You can change the Criminal Code for a new one and oppose the old one by holding a special meeting. In this case, you must follow the instructions prescribed in the housing code. It is necessary to deal with this issue in more detail.

How to change one CC to another

MC is the most common way of exercising managerial powers. You can choose absolutely any company that operates in the region where citizens live.

The change of the management company may be caused by the need to improve the management of an apartment building, the fulfillment of contractual obligations, etc.

If tenants want to change the way they manage, then elections must be held in accordance with the housing code. To do this, according to the instructions in the housing sector, an agenda is published, where the date of the meeting is indicated.

Every citizen has the right to propose any Criminal Code at the meeting and justify his position. Previously available in the management of the Criminal Code must be notified of such a meeting. In some cases, with the consent of the owners, she may be invited to the meeting.

How to move from one management company to another: possible options

As noted above, essential condition transition is to hold a general meeting of tenants. It is possible to re-elect the organization correctly only by mutual consent of the tenants. The entire process of creating a meeting and holding it is regulated by the Housing Code of the Russian Federation.

In order to change the management company in an MKD under the current legislation, the decision of the residents of a new building or other house must be formalized in a protocol.

The algorithm and step-by-step procedure is as follows:

1. Announcement of the agenda by forming a relevant statement.
2. Holding this meeting, listening to the opinions of the tenants.
3. Drafting minutes of the meeting.
4. Making a decision and concluding an agreement with a new management firm.

Only if the algorithm described above is observed is it really possible to legally change the management company or even choose a new method of management.

Replacement based on the meeting of owners: procedure

The head of the house has the right to announce a meeting on a particular issue. He is also referred to as Elder. The law states that only a citizen who is a resident of an MKD can be a senior. Third-party citizens are not accepted as seniors.

Homeowners have legal grounds to elect a new "headman". They can unite and file a complaint against the current chairman. This occurs when, for example, he steals, does not fulfill his duties or otherwise interferes with the functioning of the management of an apartment building. Re-election is marked by an appropriate announcement and is also recorded.

You can contact him for all questions that arise during the selection of a new management company. As a rule, this citizen is the leader of the meeting. He signs the protocols and signs a new contract on behalf of all tenants with the Criminal Code.

The meeting may be held in person or in absentia. All this is stipulated in the agenda communicated to all owners.

Required number of votes to change the housing and utilities management company

As noted above, the decision to change the HOA, housing cooperative or management company is made by the meeting of the owners of the house. In order to comply with the transition procedure and change the managing organization in Moscow, St. Petersburg or another city in Russia legally, you need to study the housing and civil legislation of the Russian Federation.

Particular attention must be paid required quantity votes, in the presence of which in reality it is possible to change the way the apartment building is managed.

At least half of the residents must attend the meeting. Otherwise, the meeting will be considered invalid.

Of the arriving residents, more than half must vote for a change operating organization. In the situation when this took place, the decision to change the management company will be considered valid. In the event that a decision could not be made, it is possible to hold another meeting in the future and discuss the possibility of choosing another management company with a higher priority.

Is it possible to change the management company without a meeting of owners

Only the owners of an apartment building have the right to decide how their building will be managed. In a situation where there is a handover at home managing housing and communal services companies without the knowledge of residents, this decision is considered illegal. In fact, this is an illegal seizure of property.

In this regard, it is possible to counter the illegal actions of citizens or the director of the HOA by contacting judiciary, prosecutor's office or housing inspection.

To date, in housing legislation there is not a single legally established way of transferring an apartment building without notifying the persons living in it. These actions can be called illegal, and entail not only administrative, but also criminal liability.

How many times can you change the UK

The housing legislation does not establish exactly how many times you can resort to changing the managing organization. Based on this, we can conclude that the change of the management company can occur many times, if it is the will of the owners of the apartment building.

With everything else, it is imperative to take into account the terms of the contract itself with the managing organization. It may indicate under what conditions the termination of the contract takes place, according to whose initiative it should occur, how settlements are made after the termination of legal relations, etc. In a situation where there are certain clauses in the agreement, this can become a real obstacle to changing the manager organizations in a given period of time.

The procedure for changing the management company of an apartment building: we tell you step by step

As noted above, there are several stages of changing the managing organization.

1. Replacement planning and notification to homeowners.
2. The method of holding the meeting and expressing the desire of the owners.
3. A list of information documents that will be used in the selection.
4. The procedure for announcing the issue specified in the agenda.
5. Conducting a vote.
6. Summing up and counting the results.

In that situation, if there is already a HOA as a way to manage an apartment building, then its charter may also stipulate other conditions and procedures for holding a meeting regarding a change in the method of managing an apartment building.

In this situation, it is also necessary to take into account the provisions of the charter. Otherwise, the held meeting will be considered unauthorized and the change of management method will be invalid.

How to change the management company to HOA and vice versa

In this situation, you need to follow the same procedure as described above. In a situation where an apartment building already has a homeowners association, then at a scheduled or extraordinary meeting, a decision can be made to change the method of management. In this case, the HOA is subject to liquidation, and the housing manager utilities company will be considered the only way MKD management.

In a situation where tenants wish to create an HOA, they can hold a general meeting and apply to the management company with a request to force them to terminate the existing agreement. After that, a meeting is held on the creation of an HOA and the subsequent registration of a newly created legal entity.

Notification of the management company about the creation of an HOA, sample

Before making a decision to terminate the contract with the Criminal Code and create an HOA, the management company must be properly notified of this. This happens by sending a written document to the representative of the interests of the owners. The minutes of the meeting are attached to such an act.

Sample notice is not difficult. ⇐

Illegal change of management company, as it happens

A change is recognized as illegal if the owners do not participate in the choice of the proper method of management.

As a rule, this takes place when the Criminal Code simply changes houses, renegotiating contracts without proper registration. Sometimes there is a bribe of the chairman of an apartment building and the conclusion of an agreement with one organization or another. All of these activities are illegal. They may be held liable under both criminal and administrative law.

Thus, in order to replace the method of management or re-elect it, it is required to study the norms of housing legislation. Often arbitrage practice shows that the former utility companies tried to disrupt such elections more than once, wanting to keep the house in their hands. In this case, you can write a statement and complain to the residential supervisory authority. In a year, you can change the method of control for the second and third time.