Who regulates the activities of housing and utilities management companies. How to check the management company

Ideally, the management company should once and for all save the homeowners from the hassle of maintaining the property. But in reality, housing companies themselves often become a source of problems - they work inefficiently, they spend money on nothing, and even try to save money to the detriment of residents. How to take control of the Criminal Code, saving strength, time and money?

Problematic housing office - what are the residents dissatisfied with

Conflicts between residents of an apartment building and the management organization are a fairly common occurrence. More often, the owners of suburban housing are dissatisfied with communal services. Most of the claims of citizens to the Criminal Code are reduced to three points:

Tariff increase
Poor performance
Inappropriate spending

How to influence the work of the management company

Since January 1, 2015, a licensing system for utilities has been introduced in Russia. Only qualified companies that pass certification will be able to work in the housing and utilities sector. To do this, they need to have the material and technical resources to manage the house, have a certified manager on staff and, importantly, not have administrative penalties from the State Housing Inspection.

If earlier some ZhEKs dismissed official complaints from citizens, now ignoring consumer outrage has become unsafe. The license required for work can simply not be given, and the existing one can be canceled. Housing supervisory authorities have the right to file a lawsuit in court if more than 15% of “problem” houses with dissatisfied residents are typed in the asset of the Criminal Code.

If the work of the Criminal Code does not suit you, there are several ways out of the situation:

Try to negotiate with the utilities

Officially request all the necessary information about tariffs, ask for clarification of the reasons for poor-quality work and eliminate deficiencies. Perhaps the cause of the problems is not malicious intent, but the connivance and laziness of individual employees. In this case, active and well-founded consumer dissatisfaction stimulates the Criminal Code to improve.

Write complaints to housing authorities

According to the law, the State Housing Inspection is on the side of the residents. Her intervention with the prospect of fines and other administrative measures up to the revocation of the license should become a "cold shower" for negligent communal workers.

Change UK

You can wait until an unscrupulous management organization leaves the market “naturally”, having lost its license due to numerous violations, or speed up the process of parting with annoying communal services. To do this, it is necessary to organize a meeting of owners and vote for the resignation of the Criminal Code. The legal reason for terminating the contract is the expiration of its validity, as well as well-grounded claims against the housing company. For example, poor-quality performance of specific services.

After the old Criminal Code is “overthrown”, it is important to competently approach the search for a new communal organization. When choosing, you need to take into account the experience of the company, the reviews of other residents and the history of conflicts between utilities and consumers. In addition, it is always useful to contact a qualified auditor who will provide an independent assessment of the professionalism of a particular office.

Tariffs are constantly growing, although the quality of these services leaves much to be desired. It seems to you that a management company is cashing in on you and your neighbors. It's no secret that many houses that are controlled by management organizations are actually served by companies like Horns and Hooves, where dead souls work.

Homeowners have to pay for nonexistent work and services to non-existent employees. In the reporting documents submitted to the heads of management companies, these services are an order of magnitude greater than what was actually provided.

The activities of the management company can be verified. How to do this, read below.

Step one.

The correctness of the indicated tariffs for utility bills can be checked. If you make a request, the management company is obliged to issue a document on the amount and list of mandatory payments. For all questions arising regarding the calculations and amounts for payment, you must give a clear and detailed answer. The management company is obliged to control the validity of tariffs.

In practice, of course, everything is somewhat more complicated than what is written about in the Housing Code. Homeowners need to defend their rights. According to statistics, about one and a half thousand disputes about the correctness of the tariffs were considered in Russian courts. These figures confirm that the owners are ready to defend their interests in the courts, although this is an extreme measure, but quite effective.

Step Two

Request a performance report from the management company. If you make a request, indicate for what period of activity. The report can be provided in various forms. Issuing a copy of the report to each tenant's hands, posting on the Internet site, or at the entrance to the notice board.

If you read the report and have any questions, you can discuss them at the meeting of the owners. The procedure for submitting the report should be spelled out in the management contract. The contract should reflect the issues of expenditure of funds, maintenance, repair of engineering equipment, improvement of the local area and premises, sanitary maintenance of property.

Step Three

The information contained in the report must be justified. Require submission of documents on completed housework, hiring employees and expenses. This may be payment orders, acts of work performed, and so on.

In Russia, over the past year, about 12,000 court cases have been examined in which owners demanded that the costs of management companies for allegedly provided services be declared unlawful. Of these, more than half were decided in favor of the owners.

Step Four

Analyze the available information. Organize an initiative group from among the residents. It’s good if there are people in it who are knowledgeable in jurisprudence and accounting. If this is not possible, contact a specialized organization for help, for a fee, they will conduct the necessary analysis.

If the inspection is carried out by the residents themselves, it is necessary to record what work and when it was carried out. For example, according to the documents, a large amount was spent on roof repairs, and during the rain the apartment is flooded, perhaps they did not carry out such work, and your money was in someone else's pocket. Keep control of all the documents according to which the salary was paid to employees, the correspondence of the declared amount of water to the one that was used up.

Step Five

If as a result of the audit it turned out that the tariff calculation was incorrectly performed, or that the management company carried out any other illegal actions, you can appeal to the State Housing Inspectorate, Rospotrebnadzor, the court or the prosecutor's office. These government bodies are authorized to audit the activities of management companies and stand up for the protection of the rights of homeowners. In case of violations, unscrupulous management companies are subject to appropriate sanctions.

Before turning to the question of how to check the management company, if you doubt its honesty and transparency of actions, let's figure out who stands above the housing and communal services. The Russian legislation provides for several ways to control housing and communal services.

The powers to supervise them are concentrated mainly in the regional authorities.

Federal authorities, such as the Ministry of Construction or the Ministry of Energy, develop regulations and recommendations that are followed by authorities at the regional level and are the superior organizations over housing and communal services.

Who controls the work of the management companies of the housing and communal complex? The main authority that exercises control in the housing sector is the State Housing Inspectorate. It carries out general accounting of residential premises in the region, monitors the activities of public associations and enterprises for the operation of apartment buildings.

How to check the housing and utilities management company? If you have complaints about the work of the management company in your home, the first instance where you must file a complaint is the State Housing Inspectorate.

ATTENTION. Many write complaints to the prosecutor's office, but there they are redirected to the Housing Inspectorate and this only slows down the path to the addressees.

But the State Housing Inspectorate, although it works with most problems, is not the only oversight body in the housing sector. Private problems in the communal sphere can be resolved by contacting a specialized supervising body of the housing and communal services.

For example, in Rospotrebnadzor, if the entrance is not systematically cleaned or the stairwells are not adequately lit.

The controlling organization of housing and communal services can also be called REC, dealing with tariff issues.

Also pay attention to non-state supervisory bodies of the housing and communal services, engaged in monitoring the quality of housing and communal services. These may be consumer protection societies or the housing and communal services center.

These organizations do not have the authority of public services, but in large numbers help residents fill out complaints against unscrupulous communal workers.

We have figured out with whom the housing and utilities management companies are subordinate, further about what kind of centers they can help citizens with verification issues.

National Center for Public Control in the field of housing and communal services

This is an all-Russian public organization focused on helping residents of apartment buildings, regularly monitoring the work of management companies, educating consumers about their rights.

REFERENCE. Despite the fact that the organizational charter of NGOs is written in the charter of the project, the project is supervised by the Ministry of Construction, as the latter writes on his website. Therefore, a complaint to the structure of NP "Housing and Public Utilities Control" is a more effective means than it seems to many at first glance.

The National Center for Public Control in the Housing and Utilities Sector is a decentralized organization, which mainly deals with financial and informational support of other NGOs operating in the housing sector. Organizational work is already carried out by people in the field, using the resources received.

This organization not only exercises public control of the housing and communal services, but also periodically compiles a rating of management companies according to their effectiveness. In her field of vision, companies that residents complain about are more likely to come across. Their financial and organizational activities are evaluated by independent experts of the organization, after which they are sometimes transferred to the State Housing Inspection.

Center for Public Oversight

At the federal center level in NP "Housing and Public Utilities Control" educational work is underway.

Together with the government, manuals and guidelines are being developed for people from regions involved in protecting the rights of residents.

Their efforts are publicized through the website of the National Center, and organizations are listed in a special register where each user can find out the address and mail for calls. In other words, the organization carries out public control in the housing sector.

Since the organization is in contact with the government, immediately after the issuance of new decrees in the housing sector, explanatory manuals are issued that reveal the nuances of certain points in the documents. Most of the local workers are lawyers who process complaints from the population and represent their interests in court.

Regional organization

In the regions, the branches of this public organization work together with the municipalities. Each municipality is affiliated with a branch of the Housing and Public Utilities Control. The first task of employees of regional centers of public control in the field of housing and communal services is the collection and processing of complaints about management companies.

They are sorted by lawyers and then sent to the necessary authorities. If the branch has the opportunity, he sends his employees to the court to represent the interests of the victim.

Based on complaints and publications in the media, local activists form a regional list of managing companies for efficiency. Then these data are sent to Moscow, where an all-Russian rating is being formed.

Reports on the general level of housing services in the housing sector in the region are also sent there. The departments not only monitor the work of management companies, but also develop their proposals to regional authorities, conduct seminars on pressing problems of the public utilities in the region.

ATTENTION. Seminars are sometimes held over the Internet, so with the help of regional centers everyone can watch a talk by an expert on housing and communal services.

Actual problems are not only discussed. They attracted the attention of the population through the media. Special control is subject to control over the execution of federal programs in the region.

Supervisory authorities

There are regulatory bodies in the field of housing and communal services that solve problems:

State Housing Inspection.
Rospotrebnadzor.
Local energy departments.
Prosecutor's Office (in case the City Inspectorate is inactive).
Non-governmental public organizations.

Now that you know about who controls the housing and utilities management companies, let's talk about what actions need to be taken if you suddenly suspected the organization of dishonesty.

How to check the company?

If you have any doubts about the honesty of the Criminal Code, then to check the housing and communal services, send them a request with a request to issue information about what interests you.

The company is obliged to issue this data at any time at the request of the tenant. If you do not respond to the request, file a complaint with the Housing Inspectorate of your region.

It happens that the Housing Inspectorate almost does not respond to complaints. In this case, you must write a complaint to the prosecutor's office, which should check the activities of the Housing Inspectorate and make it respond to your request. If the Criminal Code does not comply with the requirements of the inspection and does not make contact, contact the court.

Public inspection

Public control of the housing and communal services is an inter-regional movement whose goal is to achieve a transparent policy in the communal sphere and honesty from the Criminal Code.

REFERENCE: The movement provides free legal services to the public. You can come to them to more correctly file a complaint against your Criminal Code, or simply consult on a problem.

The governing body of the movement is in Krasnoyarsk, where the movement mainly operates. It does not have an all-Russian character, but for residents of Khakassia and the Krasnoyarsk Territory their services are available for free.

Housing and communal services inspection

This is the authority that exists in every region and municipality. He checks the condition of the housing stock, inspects the implementation of federal programs, overhaul fees and the construction of new housing for immigrants.

Complaints about communal services should be addressed to this body. The inspection team will review your complaint and, if necessary, force the management company to comply with the requirements of the law.

Independent commission

An independent audit of the activities of the management company is carried out at the request of the tenant, who doubted her honesty.

Most often check the validity of tariffs, the appropriateness of expenses and the quality of the planned work.

An independent commission on housing and communal services is formed at the expense of a disinterested legal entity, the costs of its services in case of winning a tenant in court are paid by the Criminal Code.

Conclusion

There are several state and non-state services conducting official inspections in the housing sector. They help tenants assert their rights and give them advice on communal issues. The main supervisory authority is the housing inspectorate, but there are several other bodies that consider specific issues in the housing sector.

Owners of apartments have the full right, in accordance with the Housing Code, to check the activities of the managing organization of the housing and communal services and to receive a report on the expenditure of funds received from them. There is a simple algorithm for verifying the work of such organizations, the use of which will help bring them “to clean water”.

First stage

You should start with a detailed study of the tariffs that are indicated on the receipt for the rent, check the correctness and validity of their calculation. For this, it is necessary to require from the Criminal Code documents containing a list and amount of mandatory payments. Managing organizations do not have the right to refuse to provide such documents. In this case, the request must be made in writing, and registered as an incoming letter to the management company. The easiest way is to file a claim in the Criminal Code and transfer it to the secretary. In this case, you need to have a copy of the application with you, on which the secretary will put the same incoming number.

Second phase

To request in the Criminal Code not only a report on the work performed, but also annexes to it, because, most often, it is in them that the items of expenses and the amounts spent are detailed. It would be advisable to get an estimate of future expenses from the Criminal Code for the next year to discuss these future costs at the next meeting of owners, and, if necessary, make adjustments. Receiving a report by tenants is possible in different ways: handing each person out in paper form, posting on a bulletin board or through an Internet resource.

Also, it will not be amiss to request acts of completed work, documents on the hiring of employees serving a particular house, and payment orders.

Third stage

Analysis of all received documents. In any house among the tenants there are specialists with economic and legal education. And it will be great if we can attract them to the consideration of the documentation of the Criminal Code. It is necessary to recall and compare all the works that were actually performed in the reporting period, and those indicated in the papers of the Criminal Code. For example, it is worth checking the daily water consumption for washing the entrance, it often turns out that communal services use thousands of liters for a house with one entrance on five floors. Another example: the acts indicate significant amounts for the repair of doors, windows and the purchase of mechanisms for them (latches, handles, hinges), but in reality, these works were either not carried out at all, or not to the extent indicated in the CC report. This also applies to the current repair of the roof, basements, porch, maintenance of the elevator, which constantly breaks down and does not work for a long time, and residents continue to pay for it, as for a comfortable working elevator.