Protocol on the change of the management company. How to change the management company in an apartment building

If the owners of apartments in an apartment building are dissatisfied with the management organization, they can change it. There is a special procedure and 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’ll talk about how to change the management organization correctly.

What you need to change the management company

There are frequent cases when apartment owners believe that the management company provides them with poor quality or incomplete services. In such a situation, residents of an apartment building have the right to submit a request to renegotiate a management contract with a view to amending and supplementing it. What sections of the document most often need to be edited? First of all, this is the list of works and services of the management company for the maintenance of the house, which does not meet the requirements of Gosstroy. In addition, often the contract must be supplemented with information about how the management organization fulfills its obligations, which is part of the common property, and in what order the size of the fee for the services of the management company changes.

In order to renegotiate a management contract, it is necessary:

require the management company to study the management contract for study;
compare the contents of the contract with the norms contained in the Housing Code of the Russian Federation (part 3 of article 162);
describe the differences in the protocol and present it to the Criminal Code;
if there is such a need - to form a working group with the participation of the managing organization to draw up an agreed text of the contract;
consider adopting an agreed management agreement at a general meeting of tenants;
require from the Criminal Code copies of the agreed contract;
provide the agreed text of the contract to the apartment owners for study and signing;
approve the main provisions of the contract at the general meeting of tenants;
if the management company refuses to negotiate an agreement with the apartment owners, they can decide to change the management company and begin the corresponding procedure.

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

The responsibilities of the management company should be clearly indicated in the contract that the residents of the apartment building conclude with it. In most cases, the basis for replacing the Criminal Code is its non-fulfillment of its duties or their performance at an inadequate level. The owners of apartments often make the decision to change the management organization because of the inaccessibility and non-transparency of information about the company’s activities (the law requires the Criminal Code to disclose information about its work to residents).

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

Low quality the services provided:

non-compliance with the thermal regime in the cold season;
irregular water supply, lack of hot water;
delayed garbage collection, etc.

Maintenance of common property in poor condition:

elimination of breakdowns of common house property and equipment in a timely manner (there are strict time limits for the performance of these works);
lack or poor-quality repair, cleaning of the territory and other works.

Data hidingabout my own work.
Late response to complaints from apartment owners, failure to fulfill their obligations.

If there is evidence of inaction by the management company, apartment owners should file a complaint. Each case of failure of the Criminal Code to fulfill its obligations must be documented with the preparation of acts, which in the future will serve as the basis for changing the management company.

If the Criminal Code does not respond to complaints and continues to ignore its direct responsibilities, 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 forbidden to terminate it during the first year of work of the Criminal Code.

Expert Opinion

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

Yu.M. Fedorov,

expert of the magazine "Management of apartment buildings"

Debt prevention among residents of an apartment building is a more effective tactic than collecting it. The better the management company fulfills its obligations, the higher the amount of collected payments, the more trust the company enjoys among apartment owners. When compiling a strategy for its work, the managing organization must carefully analyze the needs and wishes of the residents of MKD.

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

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

What is the advantage of attracting a developer to a subsidiary management company?

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 this will directly affect its reputation.
A subsidiary management company is competent in solving any engineering issues.

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

financial flows will go not only through the management company, but also through the builder;
the managing organization will be able to artificially inflate the size of utility bills;
using a “pocket” organization, the Criminal Code will be able to ignore the claims of residents;
the company will be able to dispose of the local area as the construction company deems necessary.

When drawing up a contract with a 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 feature is not available when working with a subsidiary management 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 only have the right to do this 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 and decide on how to change the management company.

2 ways to change the management company in the house

Method 1When the contract has expired

The moment when the contract expires is optimal in order to change the management company.

If none of the parties has stated their desire to terminate the agreement, it is renewed automatically. To clarify the duration of the contract, you must contact the administration directly or the management.

Method 2When the contract continues

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

According to Art. 450 of the Civil Code of Russia to terminate the contract before the expiration of the possible several ways.

By agreement of the parties.

It is applied if the owners of all apartments agree to change the managing organization. First, it is necessary to draw up and sign an agreement with the operating company, which discloses an algorithm for transferring to the successors all documentation regarding MKD, funds for settlements with service providers, unspent materials, funds for repairs, etc. After the reception is completed, you need to conclude an agreement with the new managing organization.

According to the current contract.

Some MCD service contracts contain information on the rules for their termination. Usually, if the owners inform the Criminal Code of their intention to terminate cooperation within a month, the company is automatically relieved of its duties.

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

This article serves as the basis for termination of the contract in case of unforeseen developments. If one of the parties does not recognize the existence of this, you can terminate the contract by contacting a court.

According to other laws.

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

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

Judicially.

In case of significant violations of the terms of the agreement by the Criminal Code, apartment owners have the right to sue the termination of the service agreement. Section 450 of the Civil Code discloses notion of material violationswhich are:

non-compliance with the temperature regime in apartments;
the presence of idle elevators;
irregular water and electricity supply;
worn roofs, etc.

The Criminal Code 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 examined the evidence provided, which are complaints and acts of tenants in the management organization itself or in the controlling authorities, the court terminates the agreement.

The agreement with the Criminal Code is signed by the owners of all apartments, so the decision to appeal to the court should be made by the general meeting of residents. During the discussion, an authorized group is formed, each of the participants of which receives powers of attorney from the owners of all apartments. The law does not provide for owners to appeal to the court on their own behalf.

For a long time, Russian courts did not recognize the right of general meetings of residents to decide to change the management company in the absence of evidence of a significant violation of the terms of the contract by it. But, based on the Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 11.22.2011 No. 7677/11 in the case No. A65-11798 / 2010-SG3-14), the courts have changed their position over the past few years.

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

In other words, having once chosen a specific Criminal Code and the method of managing the MKD, the apartment owners are not deprived of the opportunity to change them, and for this it is not necessary to confirm the facts of violations by managers. By the way, the Criminal Code may also abandon its authority in relation to a particular house unilaterally.

Change housing management company and pick up a new management company

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

the presence of a license (Federal Law No. 255 of July 21, 2014 states that a managing organization may carry out activities only with a state license);
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;
in what condition are the material base and company documentation contained;
how open and transparent the organization’s activities are;
does the UK strive to take 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.

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

If the apartment owners were not able to independently choose a management organization, local authorities hold an open tender 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 tenants announced a decision to change the management company, and held 30 days after its announcement.

Shift Procedure

Stage 1.Formation of the initiative group

The initiative group of owners, which is organized by the council of the apartment building when the management company is changed, may include members of the HOA board or any other apartment owners of this MKD. She has legal access to any documents relating to the house, including the cooperation agreement with the managing organization.

Stage 2.Collection of necessary documents

An initiative group of owners is starting 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 the MKD to provide for review all the necessary papers. In the event of a refusal, owners should request a formal written response.

The management company must provide:

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

In the absence of documents, the LC RF obliges the managing organization at its own expense to draw up the missing acts.

After studying the documentation and filling out the list of claims, the initiative group of owners holds a general meeting of residents. To ensure a quorum, notifications of this event are sent to addresses no later than 10 days before the date of the meeting. An initiative group of owners prepares registered letters with a notification, hands it to each owner for signature. The meeting shall be declared invalid if even one owner has not received an official warning.

In addition, to inform each tenant should be placed adcontaining the following information:

in what form the meeting is held - full-time or in absentia (voting);
Name and passport data of each initiator of this meeting;
time, place, date of the event;
venue, start and end dates for the receipt of ballots - by absentee voting;
the agenda of the event. The law prohibits the general meeting from changing the list of issues, as well as considering aspects that were not included in the meeting plan;
in the case of absentee voting, ballot papers should be enclosed in the messages, which indicate the full name of the chairman, members of the counting commission, as well as the secretary;
by which method the apartment owners were notified about the place and time of the event.

Stage 3.Convening a meeting

To change the management company, you must terminate the service agreement with her. This decision can be made exclusively by the general meeting of owners of apartments MKD. In this case, the interests of tenants are represented by members of the municipality. The minutes of the general meeting must indicate the facts of violations of the Criminal Code of the terms of the contract, 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 hold more than 50% of the total number of votes. A simple majority of owners who were voting (in the event that more than half of those present voted in favor) decide on the issue of changing the management company. In other words, if more than half of the tenants were present at the meeting and more than 50% of them were in favor of changing the management company, the rest should obey. Moreover, 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 the total area of \u200b\u200bthe house belongs to this tenant.

The issue of choosing a new Criminal Code is a mandatory item on the agenda of the meeting.

Stage 4.Selection of new managers

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

service contract forms;
mKD repair;
list of home maintenance services;
tariff policy, etc.

By the date of the general meeting of owners of MKD, 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 the suitability of people’s living, is determined by the apartment owners themselves. In order to correctly draw up a minimum list, it is advisable to seek the services of a specialist. The Housing Code of the Russian Federation (Article 162) determines 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 house managers. For example, at a general meeting, apartment owners may decide to transfer building structures and engineering equipment for maintenance of the management company. At the same time, it is not necessary to include a house territory in the managed property; tenants can hire a janitor or take care of it independently;
a list of works and services for the maintenance and repair of common property, as well as utilities; the procedure for amending these lists;
an algorithm for calculating contributions for utilities, as well as for maintenance and repair of MKD; Indication of payment methods.
Attention! Tariffs for payment of utility bills are approved by regional and local authorities, and the list of housing services and their cost are independently approved by the apartment owners;
the progress of monitoring the activities of the Criminal Code. The law protects the rights of tenants and obliges the management company to annually provide apartment owners with a report on the work on the implementation of the contract.

Stage 5.Registration of the 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 written and signed by the members of the counting board, the chairman and the secretary. During the general event, only 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 it was not included in the meeting plan.

When drawing up the protocol, the following aspects must be taken into account:

notification of interested parties and owners of all apartments about the meeting of owners of MKD;
voting process;
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);
the 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 CC

After the general meeting, residents of MKD must inform the new organization of their desire to be under its control, as well as the old one - of their intention to leave it. For this, the owners submit the minutes of the meeting to both companies.

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

In some cases, the owner of the premises in the MKD may appeal in court the decisions that were adopted by the general meeting of tenants 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 vote, 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 taken, considering that they violate his rights and interests.

A lawsuit may not be accepted by a court if:

violations are not significant;
the decision which one of the owners wishes to appeal did not bring him losses;
the vote of this tenant is not able to change the outcome of the vote.

The Housing Code of the Russian Federation (part 6 of article 20) states that the municipal housing control and state housing supervision authorities may apply to the court with the aim of:

recognize the MKD management agreement as invalid;
liquidate a partnership;
recognize decisions taken by the general meeting of apartment owners as null and void.

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 selection of a management company, the preparation and signing of a management agreement for MKD;
when the instructions on eliminating the discrepancy of the partnership charter and amendments made to it to the mandatory requirements were not fulfilled within the established time limits.

Transfer of documentation from one management company to another

So, 30 days before the MCD management contract expires, the management company must transfer the information related to the management of this house to its successors. However, in reality, interested parties often have to file a lawsuit, because cases where 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 dated March 30, 2010 No. 17074/09 in the 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 home documentation if the management company, which it decided to change, has it;
restore lost documents in their absence and transfer to new managers.

In addition, there is a rule to replace the execution, according to which the “new” Criminal Code can restore the lost documents on its own, recovering the costs incurred from the predecessor company. Properly executed and signed by the parties acts of acceptance of the MCD for management will serve as proof that the former managing organization does not have all the necessary documentation.

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

The procedure for the execution of the court ruling on the restoration and transfer of the lost technical documentation of the selected Criminal Code is quite complicated. In this case, the lawyers recommend that the plaintiffs petition for the court to establish an astrant as the responsibility of the former managing organization for non-enforcement of the court decision. Clause 3 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated April 4, 2014 No. 22 states that an astrant is a sum of money that the defendant must pay in favor of the plaintiff in case of failure to execute a court decision voluntarily before the due date.

In practice, cases are very common where management companies refuse to transfer the affairs of a newly elected organization, without recognizing in this way the decisions of the general meeting of residents. Therefore, the owners of premises in the MKD, wishing to change the Criminal Code, should take this issue with maximum responsibility. It is necessary to record every violation of the rights of residents in writing. The package of documents that will be required to remove the organization from managing the house should contain:

copies of complaints from apartment owners to state control bodies or directly to a managing organization;
acts of non-compliance with standards;
copies of decisions on holding the Criminal Code liable for improper performance or non-performance of its duties.

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

If it is not possible to change the management company by the residents of MKD, apartment owners can file a complaint with the city department. According to Art. 165 of the Housing Code of the Russian Federation, this organization will check the activities of the Criminal Code, and if the facts of violations are confirmed, it initiates a general meeting of apartment owners of this house.

If you want to change the management company as soon as possible and with minimal time, turn to the services of intermediary firms 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 agreements with resource-supplying organizations when receiving / transferring MKD

Expert Opinion

On the transfer of citizens registration documents

YES. Nesterenko,

expert of the help system “Management of apartment buildings”, lawyer

If the former management company during its work accepted and transferred documents on registration of citizens to the appropriate authorities, its responsibility is to transfer these securities to the successor organization. Having been denied, the newly elected Criminal Code has the right:

file a lawsuit with the court of arbitration demanding the transfer of the former civil registration documents to the former CC. Practice shows that in most cases, courts satisfy such claims. This is confirmed, for example, by the appeal ruling of the Murmansk Regional Court of August 7, 2013 No. 33-2614-2013, as well as the decision of the FAS of the Moscow District of September 21, 2011 in case No. A40-73182 / 08-19-483 and dated September 17, 2013 in case No. A41-53549 / 12;
to declare to the bodies of the Housing Management Department about the violation by the predecessor company of the Content Rules regarding the transfer of technical documentation, bringing it to administrative responsibility in accordance with the requirements of the Administrative Code of the Russian Federation (Article 7.23.2).

How to return money after changing the management company

If the owners of the apartments regularly paid all the bills, but due to poor-quality services they decided to change the management company, then they have the right to return to the MKD balance 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 indicating their cost;
contracts with contractors;
estimate documentation;
acts of work performed, etc.

Studying the report will give owners of MKD apartments an idea of \u200b\u200bwhat 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 case of a change in the form of management). In this situation, events may develop in the following scenarios.

1. Change management company succeeds without any problems. Employees draw up the MCD acceptance-transfer certificate, provide a report that does not raise questions for apartment owners, and transfer unused funds to the account of the new Criminal Code (HOA).

2. The process of changing managers is accompanied by difficulties. Often, the Criminal Code insist on further maintenance at home or seek to absorb the remaining funds on paper, which is why reports appear on the reports of unfulfilled services or work.

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

unused funds;
costs of a lawyer, if any;
expenses for the construction and technical examination.

3. In some cases, owners of apartments in the Moscow Ring House find a minus balance in the account of their house. In this case, the former Criminal Code makes a debt to residents, the size of which can reach hundreds of thousands of rubles.

For what reasons can this situation arise?

Residents of MKD during the voting decided to carry out repairs "against future payments." In this case, the management company has the opportunity to drive the owners of apartments into a debt hole. Before changing the management company or creating an HOA, the owners will have to pay managers for the services provided and the work performed.
The managing 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, maintenance costs must be approved by the apartment owners at the general meeting. If the repair was not emergency, the law does not oblige the owners to pay for it.

Whatever the scenario, it is important to remember that every ruble listed in the Criminal Code should be used strictly for its intended purpose.

Expert Opinion

Fraud of the Criminal Code - a common thing

Vyacheslav Velichko,

director of a consulting company in the field of housing and communal services, LLC "Housing and communal services-Primorye"

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

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 in the basement, 5 meters of the pipe were replaced, but in fact - only 2 meters. Or no one changed the pipes at all. In this case, the managers hope that not one of the apartment owners will run around the basements with a tape measure in their hands. To resolve this situation, it is necessary to carry out a thorough initial inspection of the MCD. Here, residents will have to pick up the acts and check everything: whether the pipes were replaced, how many new plastic windows appeared in the entrance, etc. If during the audit it turns out that according to the reports, the work was carried out, but in fact - no, then the apartment owners should draw up a counter-act and apply to the management company with a claim for a refund.

"Swollen" estimates

It often happens that the work was completed, but the reports reflected at an unreasonably high cost. What costs are most often overstated in estimates? 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.

Unfulfilled services

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

If any of you ask a question: did you choose a management company for your home, probably 90% will answer that you not only didn’t choose, but you didn’t even hear about any election of the Criminal Code.

The reason for this situation is that during the period when housing and communal services reform began and the Housing Code of the Russian Federation was introduced, new management companies created on the basis of old housing offices, taking advantage of legal illiteracy and disorganization of the majority of residents, simply “secured” the right to manage houses, not even reporting this to the owners.

So the owners of MKD remained as “serfs” under the old housing office, only in a new guise - in the form of a management company. Due to the fact that all apartment buildings were “assigned” to such management companies, there were no new “players” in the housing and communal services market. A kind of monopoly market for management companies has been created.

And it began: without the consent of the owners, they change the rate of maintenance of housing; introduce a target fee; washing the staircase once a quarter, and a monthly cleaning fee; include in the calculations of SDI (common house needs) an excess standard, etc.

In economic theory, one of the properties of a monopolized market is the ability of a market monopolist to discriminate against consumers by setting the price of their goods at their discretion. And with all this, do not bear responsibility for the improper maintenance of the common property of an apartment building!

However, life does not stand still. The dissatisfaction of residents with the level of quality of services (and often the lack of these services) is increasing, people are looking for ways out - someone is creating an HOA, someone is trying to find a new, modern management company on the market. Fortunately, management companies of a new type began to appear on the market, which can only be survived among large monopolies if the residents are satisfied with their work.

So how do you get away from "serfdom"? We will tell in our instruction below.

RULES FOR TERMINATION OF THE MANAGEMENT AGREEMENT WITH THE MANAGING ORGANIZATION

The Housing Code of the Russian Federation does not give us the right like this, waking up one morning, to take and refuse the services of a certain Criminal Code.

There are several ways to do this legally:

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

2) Significant violations of the management contract of the old management organization.

According to paragraph 8.2 of Art. 162 of the Housing Code of the Russian Federation, owners of premises in an apartment building on the basis of a decision of the general meeting unilaterally have the right to refuse to execute the management contract for the apartment building if the managing organization does not fulfill the terms of such an agreement. And make a decision about choosing another management organization or about changing the way this house is managed.

3) Change of the Criminal Code based on the general meeting of owners of the MKD during the contract period and without significant comments on its work.

On this account, there is a Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 22, 2011 No. 7677/11. Which is interpreted by the paragraph of the Housing Code so that the owners can change the CC if they made a decision at the meeting, even if there were no significant violations of the management contract by the CC.

4) Change in the method of managing an apartment building.

For example, at a general meeting of owners, you decide to create an HOA or TSN, but subsequently the partnership does not independently manage an apartment building, but instead hires a management company in accordance with clause 1 of part 1 of Article 137 of the Housing Code of the Russian Federation. 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 only one meeting of the HOA Board, if this is provided for by the charter of the partnership.

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

6) Depriving the management company of a license to manage your home, in accordance with Article 199 of the Housing Code of the Russian Federation.

HOW TO CHOOSE THE “RIGHT” MANAGEMENT COMPANY?

STEP 1. SELECTING A NEW MANAGEMENT COMPANY

Determining the circle of applicants is one of the most important and crucial points. Usually, either the Council at home or the initiative group deals with this issue.

Be sure to discuss the issue of changing the management company with neighbors and owners of other premises in the MKD.

Tip 1

Cast aside all doubts that your home will not interest any management company. The practice of the Center for the Protection of Citizens' Rights "Fair Russia" shows the opposite.

Even the old, the so-called "problem" houses are interesting for managing organizations. Such interest can be caused by various reasons, but it doesn’t matter which, but it’s important that almost any house is interesting in its own way for one or another management company.

The list of managing organizations is usually posted on the official website of the municipality. In any case, in the housing and communal services department of the Administration of your city, you can get an up-to-date list of all UK operating in the city.

Tip 2

Do not neglect unknown or young organizations.

Often, new organizations are more focused on the "client", their activity is more transparent, and they have a great desire to gain a foothold in this market of services, crowding out large "monsters".

Tip 3

Examine all kinds of ratings and anti-ratings, the so-called “black lists”. These ratings are often published in open sources, on the Internet, according to the results of the GZHI, Rospotrebnadzor and other government departments.

STEP 2. FIRST ACQUAINTANCE

Call as many companies as possible and talk with their management about the possibility of managing your home.

Ask for a visit to the leadership of your potential management organization and discuss all your questions. Moreover, it is better to go to an asset of the Council at home or to a group of skeptical residents.

Try to find out how interesting your home is for the management company you have chosen, evaluate the main commercial advantages of the companies.

The goal of the first step is to form a general opinion about the applicant company and to select 2-5 companies among all applicants.

The Fair Russia Citizens Rights Protection Center can assist you in the initial selection of companies and organize a platform for familiarization and presentation of these companies for the MKD Council or initiative group.

STEP 3. ACQUAINTING WITH SELECTED APPLICANTS

At this stage, it is necessary to get acquainted with the applicants as closely as possible, to purposefully obtain information about companies from open sources. If the company is included in the anti-rating, clarify why it happened.

It is very advisable to talk with the residents (MKD Council) of the houses that are run by the applicants you have chosen, because this information will be most objective for you.

Questions to such residents may be different. An approximate list of questions may consist of the following: how the company serves the house as a whole; how often the common areas are cleaned; how the company responds to suggestions from residents and comments; How accessible is the company's management to communicate with residents; how quickly responds to accidents; how well the repair is carried out; how the company reports to residents; what are the overall claims to the company.

The purpose of this stage is to rank selected applicants and determine preferences.

Gathering technical information about your home

This step can be carried out at earlier stages, even before phoning, but it should not be later than step 3 (acquaintance with the selected applicants).

At this stage, you need to collect information about your home. The more detailed the information, the better. You yourself, as the owner, must understand the state of your home.

You can request information about the technical characteristics of your house in your UK, for example, get acquainted with the technical passport of the house, you can also get this information from the BTI, but this service is paid.

Identification of pressing issues in the home

It is unlikely that this stage will cause difficulty for the owners, because their most pressing problems are known in advance.

This may be the need for urgent repair of the roof, which has been going on for a long time, it may be the need to change the local area and increase parking spaces for cars, or install a playground.

At this stage, you need to make a list, ranking the problems by importance.

STEP 4. TRANSITION TO THE DISCUSSION OF THE BASIC TERMS OF THE MANAGEMENT AGREEMENT

At this stage, the owners proceed to determine the capabilities of the management company to service their common property.

To do this, we propose sending a questionnaire (questionnaire) to each UK applicant.

The questionnaire contains the most interesting questions for residents regarding the maintenance of their common property in the MKD. Naturally, to answer many questions of the managing organization, it will be necessary to study the technical characteristics of the house, and possibly its examination.

STEP 5. DEFINING THE WINNER

Based on the results of the questionnaire, the House Council or the initiative group determines the winner of the competition they held and proceeds to discuss the conditions of the future contract, its form, the list of services provided, tariffs, etc. specifically for your home.

STEP 6. CONDUCT OF THE GENERAL MEETING FOR THE SELECTION OF A NEW MANAGING ORGANIZATION

If you have completed all the previous steps, explaining to the owners at the general meeting why it is necessary to choose a new management company will not be difficult. The procedure for holding a general meeting of owners of premises is regulated by Art. Art. 44-48 Housing Code of the Russian Federation.

The procedure for changing the management company of an apartment building requires that the decision be taken by owners with more than 50% of the vote. It is important to take into account that votes are calculated not by the number of homeowners, but by the footage of apartments relative to the entire living area in the building.

At all stages of the contest, the experts of the Center for Citizens' Rights Protection “Fair Russia” are ready to provide advisory and organizational assistance to residents of the houses by choosing a new management company.

Remember, only you choose and make a decision!

If at least one owner in an apartment building is dissatisfied with his administration, he can initiate a change in an unscrupulous management company. It is important to comply with legal regulations.

Choosing a New Organization

Before you begin to change the management company in an apartment building, you need to decide on a successor. For the most effective choice, you can use the following methods:

Such preliminary actions will help to minimize the risks of wrong choice.

The way to change the management company

First of all, you need to choose how to change the management company in an apartment building.

The Housing Code of the Russian Federation provides for the following cases when tenants can initiate termination of cooperation with the current administrator and enter into an agreement with a new one. The change of the management company of the apartment building in 2016 and in the new 2017 is the same and is divided into types:

completion of the period of work of the current management organization in accordance with the period specified in the management agreement; from a new period, you can conclude an agreement with another organization;
refusal of tenants to fulfill the contract with the organization, if such a contract was concluded as a result of the tender; the right to refuse is exercised at the end of each new year from the date of conclusion of the agreement (for example, the contract was concluded on November 14, 2016, which means that you can terminate it after November 14, 2017); in this case, the decision to refuse is made exclusively at the general meeting of apartment owners;
the current company has violated the terms of the contract for servicing an apartment building; in accordance with Part 8.2 of Art. 162 LC RF in this situation, residents can terminate the contract with the organization unilaterally; the decision to terminate relations with the company is also taken at the general meeting of owners;
the managing organization has lost its license to carry out activities in the field of administration of apartment buildings; rules on the cancellation and termination of a license are contained in Art. 199 LCD RF;
termination of cooperation by peaceful agreement with the management company;

decision-making at the general meeting of owners to change the form of management, for example, the formation of HOA.

Thus, when choosing any of the ways, it is necessary to collect all the owners to make a legal decision.

General meeting of owners

How to organize a collection of residents:

Draw up a written agenda for the meeting. The following items are included in the document:

meeting for decision making by absentee ballot;
refusal to execute or termination of the contract with the current managing organization;
the choice of a new control method (HOA, TSN or again UK);
election of a new managing organization and its approval;
approval of a new management contract - consideration of all its conditions, especially the procedure, terms and amounts of fees for services and their detailed list;
Establishment of a period for the transfer of necessary documents and finances to a new manager (preferably within 3-4 days after the meeting and 30 days before the termination of the previous management company);
in the event of loss of documents, entrusted tangible assets and cash by an operating company, it is obliged to restore the loss within 3 months from its own resources, as established by the RF Government Decree of May 15, 2013 No. 416, containing the rules for managing an apartment building, based on which the procedure is formed Changes in the management company of an apartment building;
norms for the compilation, confirmation and storage of the minutes of the meeting;
a way to inform owners of the outcome of the meeting.

10 days before the meeting, send all owners a notification about the upcoming collection (a sample of such a document). Citizens can be notified personally by providing a receipt for signature, as well as by sending registered letters. If at previous meetings decisions were made on alternative methods of notification - indicating information on the stand in the common room, on the porch door or sending letters in electronic format, etc., then you can use these methods. It is possible to clarify the notification method in the management agreement with the current Criminal Code or in the archive of meeting minutes. In this case, an entry is made in the notification log — with the signatures of each tenant or with the numbers of registered letters, etc. (sample log).

Hold an in-person meeting of owners. Be sure to select the chairman of the meeting and the secretary. The absentee ballot is fixed on the general form of the decision. In addition, it is recommended that you compile a register for the issuance of forms to meeting participants.

4. To hold an absentee meeting - bypassing those residents who could not participate in the meeting. For voting, the filling out of the same decision form continues.

5. The minutes of the meeting are drawn up.

6. Notifications are sent to apartment owners about the outcome of the event - within 10 days from the date of the meeting. It is allowed to post a general notice sheet in a specific place approved at the meeting.

7. Sending a copy of the minutes of the meeting to the operating managing organization - similarly within 10 days from the date of collection.

Former CC: how to report

After the decision is made, it is not enough to send a copy of the protocol to the management company - it is necessary to transmit an official notification about the change of the managing organization or the method of managing the object (formation of an HOA).

Within 5 days from the date of the meeting, copies of the notice are sent to the previous company, to the municipal housing control body, to the state housing supervision service. A copy of the decision of the owners of the apartment building is attached to the letter.

The notification must indicate the details of the new manager - the new company (its name, legal address) or information about one of the owners, if the HOA is created.

New contract

According to Art. When concluding a management agreement, at least half of the owners of the RF LC 162 must leave signatures in it. If the signatures are less than the specified number, then the document does not have legal force, even if the decision of the meeting of tenants is lawful.

To fulfill this requirement, it is optimal to convene the owners again at a general meeting or sign a document at the meeting at which the issue of changing the management company was decided.

After concluding the contract, the new company submits an application to the Housing Supervision Service to make an entry about the new serviced apartment building in its license. This procedure lasts 10 working days.

After the approval of a new management object in the license, the company proceeds with its duties, and the owners pay for its services according to the contract.

Alternatives

Instead of a lengthy procedure for changing the management company, you can try to resolve disagreements with the current one and renegotiate the management agreement.

For this, the owners study the previously concluded contract, check it for compliance with Art. 162 of the LC RF, draw up a protocol of disagreement on updating the terms of the contract. After agreeing all the conditions, a group of owners of the apartment building and employees of the Criminal Code is formed to draw up a new text of the contract.

Then a general meeting of owners is convened to approve a new version of the document.

Another way is to change the management company in court if the former organization refuses to stop servicing the house. However, she can also challenge the decision made at the general meeting in court. Therefore, it is important to comply with all the conditions and terms of the procedures and prepare written evidence of claims, disagreements, dissatisfaction of the owners, so that if necessary, operate them in court.

 - Housing code gives to the owners right change manager the company, if she not performs or performs in inappropriate quality and from violation timing their obligations, which are spelled out in contract from the owners housing. But to issue « divorce» need to right. Olga Yuryevna, let's will tell, what kind stages to be execute the tenants, so that all them actions were right from points of view legislation.
- The first step is the creation of an initiative group of owners, which will begin the process of changing the management company. These may be members of the HOA board or any other owners of the apartments of this house. There are examples of owners changing management companies in Sheksna. A few years ago there was a massive transition of apartment buildings in southern Sheksna from the Vozrozhdenie management company to the Municipal Unitary Enterprise "Beautification". Then it ended with the liquidation of Vozrozhdenie LLC. But, as practice shows, in rare cases, the former company is ready to part with the house of its own free will. More often, we see how the Criminal Code is trying by any means to leave it under its control. And here the main role is played by the cohesion and activity of the owners, who uphold their legitimate interests.
 - Olga Yuryevna, let's start from itself important. What kind exist forms carrying out of common meetings owners multi-family at home?
   - In order to change the management company, create an HOA or switch to the direct form of managing an apartment building, a special procedure is required. Firstly, the initiative group, which comes out with a proposal to hold a general meeting, ten days before the meeting, must notify the owners. There are three ways to notify owners - by registered letters, by handing to the owner a receipt on the holding of a general meeting, and the third - the most commonly used form - a meeting notification, located at the entrance to the entrances of the house or on the ground floor, that is, in the place where most Owners can see this ad.
 - Olga Yuryevna, what must to be it is written in this announcement?
   - It must be indicated who is the initiator of the general meeting - this may be one owner or a group of owners, or a management company. The place, date and time of the general meeting, as well as the agenda and form of voting, must also be indicated. There are three forms of holding a meeting - full-time, part-time and part-time, which was introduced quite recently. Notification of owners is required in any form.
- Let's we will analyze every form carrying out of common meetings.
- The full-time form provides for the following procedure: notification of owners who, at the appointed time, gather at the appointed place and discuss agenda items. When changing the management company, the first item on the agenda should be the termination of the contract with the old management company. The second question is the choice of a new management company. The meeting should come 2/3 of the owners. They make a decision by open vote, that is, by raising their hands, and all this is recorded in the minutes of the general meeting, where they sign. If the quorum, that is, more than 50% of the owners voted “for” the change of the management company, then the decision is considered adopted and the meeting is considered competent. As the law says: “The general meeting is competent if the owners of the premises, with more than 50% of the total number of votes, participated in it.” To clarify, the votes are considered not by the number of people, but by the number of square meters, the owner of which is considered to be the voter, and by the proportion of this footage in the total area of \u200b\u200bthe house.
 - If the owners disciplined and executive – all have come on the collection, voted, protocol made up. what going on further?
   - If the meeting took place, and a decision was made to change the management company, the initiative group must notify the management company, which directly manages the house, within 5 days of the termination of the contract and the change of management company. And the new management company must conclude an apartment building management agreement with all owners and within 3 days from the moment of signing the agreement must contact the state housing inspectorate to manage this house in the license of this management company. Payments from the owners will go to this management company from the moment this house is indicated in the license.
 - Olga Yuryevna, already on the meeting must to be defined and indicated in protocol new manager company?
   - Yes. Within 5 days after the general meeting of owners, the former management company is notified of the termination of the contract with it, and within 30 days it must transfer all the technical documentation to the new management company.
- Then there is, process – from meetings before the final transition - will take month?
   - About a month. In this case, the most important point is the inclusion of this house in the license of the new management company.
 - Olga Yuryevna, You told about full-time form carrying out of common meetings. Second the form – correspondence.
- In the absentee form of holding a general meeting, the procedure also begins with the notification of homeowners 10 days in advance of the date of the meeting. Usually absentee voting takes place by poll. The initiative group, although it may be one owner, makes a round-by-door round with a questionnaire in which the agenda is indicated. Each owner in this sheet votes either “for” or “against” and signs, sets the date when he made the decision. Then comes the vote count by the initiative group. If there is a quorum, then the meeting is considered valid, and the decision is accepted.
 - Olga Yuryevna, as far as i i know, at inace, as the owner, there is experience correspondence voting. Behind what you voted, which decision you took in his at home?
   - Indeed, there is such an experience. We, the owners of the apartments in house number 3 on Sapozhnikova Street, voted to collect additional money for roof repairs. We transfer overhaul contributions to the regional fund.
 - Which decision it was accepted?
   - Most voted to carry out repairs at the expense of the owners. The roof has already been repaired. The management company completed the work, and then for the area calculated for each apartment how much money the owners need to collect and made an approximate schedule for making payments.
- We yet not figured out from in person by correspondence form voting. Why her are called most plain? Explain, you are welcome.
   - It is considered to be the simplest because it combines both full-time and part-time forms. The difference is that if a sufficient number of owners - a quorum - did not gather during the discussion of the issue, then the meeting does not need to be recognized as failed. Just the next day, an initiative group with questionnaires makes an apartment tour and asks the owners to vote. Also, for 10 days there is a notification of homeowners with the obligatory indication of the form of the meeting - full-time. If this is not indicated, then it will be considered that the documents are drawn up with violations. On the first day there is an in-person discussion of the issue, I emphasize - only discussion. Owners can get together, discuss, express their opinion, make adjustments also to the agenda. Of course, if there is a quorum, then at the first stage you can make a decision on the same day by the face-to-face voting method. If there is no quorum, then the next day the initiative group conducts an apartment-by-apartment survey. With the full-time part-time form, you do not need to wait 10 days to conduct an absentee vote - it can be held the next day.
 - it highly important moment. At us why- then mistakenly is considered, what can later get around by apartments those owners, which are by different reasons not were able be present on the overall meeting. At in person by correspondence form on the meeting are being discussed the questions agendas of the day, a voting is going in second day by apartment bypass. Proactive group comes in in every an apartment, to to each to the owner. Going to package of documents – protocol, all questioning sheets. Moreover question and voting should to be on the one sheet. By the way to tell, the owners put « behind» or « against» in the registry. Olga Yuryevna, probably, should more details to tell about the registry owners.
   - The register of owners must be attached to the minutes of the general meeting each time. It can be compiled by an initiative group, even directly by homeowners. If this is not possible, then you can contact the management company, which must provide this registry. It includes: last name, first name and patronymic of the owner of the apartment, the area occupied by the owner of the premises on the basis of title documents, that is, a certificate of registration of ownership. Based on these documents, some changes are made to the registry, it is adjusted.
 - If who- then sold an apartment, and was replaced owner, then registry should be updated. If house is under management UK, then registry leads she, a if in at home created HOA, then – the chairman partnerships. Interrogation sheet – this is, by the essence, that one same registry, only from indicating specific agendas of the day, so that owner understood, behind what he votes.
   - Yes. All right.
- we today told about mechanism transition from one managing the company in another. At me why- then remembered such fact of our stories: on the Rus 26 november peasants could go over from one feudal lord to to another – so called Yuriev day. Which time for transition from one managing the company to other You would advised?
   - I would advise you to carry out this procedure before the approval of tariffs, that is, in September-October. I also want to note an important point. An apartment building management agreement between an owner and a management company is usually concluded for a period of 1 year to 5 years. If the owners have decided to change the management company, and the contract is drawn up for a period of 5 years, then this can be done only after one year. That year is given to the management company to prove itself - this is a trial period. And in case the owner is dissatisfied with the work of the management company, a general meeting is convened.
-  Then there is, so that terminate contract necessarily necessary, so that passed year. By expiration of this term manager company not can to tell: « Not give your house, because what not expired term the contract».
   - Nope. This is only the decision of the owners. They decided to leave - this is their right, which is enshrined in law in the Housing Code.
-  thanks behind a conversation.