Can the management company on its initiative abandon the service of the house - the termination of the management contract is unilaterally. What to do the tenants of an apartment building if the management company refused them

In accordance with the Housing Code of the Russian Federation, the owners of the apartments have the right to choose a management company.

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If the tenants are unhappy with the quality of the services provided, they can refuse the management organization and.

But in this question is not so unequivocal. There is a certain order and rules, which cannot be violated.

Basis

To abandon the services of any management company, no special reason, sufficiently discontent with the quality of work.

In the case when several tenants are dissolved at once, the replacement procedure does not represent difficulties.

Who has the right?

The procedure for refusing the management company is regulated.

Only the owner of the apartment can refuse the provision of services, that is, if the housing is privatized.

If the apartment is not privatized, then the decision will take the municipality - in this case it is considered to be the owner of the real estate object. But this does not mean that housing housing has no right to vote.

Legislation

Article 162 Paragraph 8.1 of the Housing Code of the Russian Federation regulates the procedure for exiting the management company.

According to this regulatory act, the owners of housing can independently choose the Criminal Code and abandon the services already available. At the same time there are no penalties, this procedure is carried out pretty quickly and does not require costs.

How to abandon the management company?

An important point - it is necessary to decide on the refusal of the services of the management company until the end of the contract with the organization.

If you be late with this, then the contract will be prolonged by another period of 1 month and then you will have to wait for the deadline of the end - that is, the procedure will delay at least 1 year.

It is necessary to start a meeting. It is necessary that each of the tenants can be notified in writing. The initiative group of tenants is selected, which sends an application for the change of the Criminal Code and the Protocols of the Assembly.

At the same time, it is not so important where the house is moving, it is quite acceptable. Only after this procedure, the rejection of the Criminal Code will be issued on legal grounds.

Is it possible to one owner (one apartment)

Refuse the services provided by the management company is possible.

One owner can also abandon unnecessary services.

In this case, you will have to immediately look for the replacement and the process itself is quite long and tedious, because some documents are required.

Go to another

The transition to another control company is pretty simple. To do this, a meeting should also be organized on which the tenants will decide - whether the CC change is needed and what exactly choose.

This includes a protocol. The main thing in this issue will agree and choose the most acceptable option for yourself. In order not to run into fraudsters, it is recommended to explore the reviews about the declared Criminal Code.

Create Tszh.

Can . But on the way to this there are some difficulties, for example, a large number of documents and papers, and they all need to fill correctly.

But sometimes the local municipality prepares all the necessary documents independently, it is only necessary to specify information that applies to the applicant's home.

To the HOA was created, you need:

open a separate personal account;
to hold a meeting.

Then the results will be made. It is important that more people voted for creating a home owner of housing.

Step-by-step instruction

Is it possible to refuse to control the company?

Yes, for this you need:

collect residents;
vote;
if the decision is made by a large number of people, it will be necessary to abandon the services provided.

General assembly of tenants

If one of the owners is extremely dissatisfied, he must act as an initiator in this matter.

It is necessary to collect tenants and a solution will be made on the results - what company should be chosen.

In the case when the house has social hiring apartments, an administration representative should be invited.

You need to make the most try to make the official believed the right to the initiator. The signal will be checked. It should be noted that, according to the results of the work, certain acts are drawn up.

It is also important to determine which apartments are privatized, and which are not. For this, a survey is carried out. And this information is permissible to get in the local municipality.

Then you need to get together and discuss the problem. In general, the meeting of property owners of real estate are addressed to the change of the management company.

If the choice is carried out, then you need to consult a doctor. In any case, it should be explained why this company.

If the collection does not work, you should print your offer and send apartments for all apartments. Residents thus vote in absentia. But it should be noted that the decision will be made on the basis of the area occupied. That is - 5 people on 20 squares affect the end of the voting less than 1 to 50.

In any case, the solution is issued in writing and subject to compulsory printing. So that it is legitimate, should vote for 1 option of at least 1000 people.

Selecting a method of control

At the full-time meeting of the owners of the premises, a decision is made not only to abandon the services of the existing Criminal Code, but also find a new one. You can choose a management company at the meeting itself.

Usually 4 options are distinguished:

search for a new Criminal Code;
creating a partnership;
creating direct control.

Only in the first case do not require any costs.

In the case of the establishment of HOA and direct reign, it will be for a long time to run with various packages on instances.

Direct Board is quite convenient, with it, direct contracts for the supply of utilities are concluded.

A huge advantage has this form of government - it is not necessary to pay the content of the Criminal Code or HOA. But nevertheless, when choosing different options, tenants have some problems - they can not always arrange among themselves and choose the desired option.

By entering into an agreement with a managing company, the owners hope that all the terms of the contract will be fulfilled for their money.

However, residents often forget that the management company also has its own requirements and interests that it cannot contradict.

According to the results of statistics, many employees of management companies receive remuneration (instead of wages) below the subsistence minimum, and all because many owners refuse to pay for service and utilities, which puts the management company in a difficult position.

She either spoils relationships with communal enterprises and contractors, or is forced to abandon cooperation with the owners.

Increasingly, and more often in the courts are cases of refusal of management companies from home service. Some of them remain without consideration, some decisions are appealed.

Anyway, Refusal of the Criminal Code from the contract - the practice is very common, which means that not only tenants know and protect their rights, the management companies also want to receive benefits from cooperation and do not see sense to continue work if it is not assessed properly.

On the grounds for the refusal of the Management Company on their activities, we speak at once two authoritative in the Russian legislation of regulatory acts.

In paragraph 8 of Article 162, Housing Code suggests that the refusal of the management company is possible from its duties. And the grounds are prescribed in civil law.

Turning to the Civil Code, we see a more constructive and understandable answer to the question we consider. According to article 450 of this regulatory act, the rupture of relations is possible, but only by agreement of the parties. At the same time, there are some exceptions.

These include cases when one of the parties (owners or management company) refuse to comply with the requirements of the contract or evade their execution, thereby damaging the other party.

Another reason for terminating the management agreement on the initiative of the management organization is a significant change in the conditions that directly contradicts the contract registered in the contract, and even little depends on the actions of the parties, but still no longer suggests the services initially noted in the service agreement.

One way or another, foggy painted phrases in the Civil Code give us reason to believe that The Criminal Code may terminate the contract with the owners on its own initiative, but for this we need significant conditions.

In addition, returning to Article 162 of the Housing Code, we get acquainted with part 8.2, which states that the Party may refuse to refuse the contract and declare this opposite side and receiving its approval. This requires a general meeting and the consent of the owners themselves.

In the video provided detailed explanations of 450 st. Civil Code, which regulates the possibility of termination of the contract unilaterally:

Step-by-step instructions for termination of the management agreement on the initiative of the management organization

If the management company is dissatisfied with the collaboration with the owners and it has significant reasons in order to terminate the contract, it must comply with a number of consecutive actions to interrupt relations in accordance with the legislation, without damaging owners.

The order of the Criminal Procedure when refusing home management is as follows:

After all, the above-mentioned management company must continue to work on the territory of the residential apartment building until the date of termination of the authority. If the housings did not receive a challenge to the court instance, the contract is considered terminated.

Tip! With such a difficult procedure, as a refusal to maintain an apartment building by the management company, you need to pay attention to any little things and details, because of them ultimately consists of a whole system of housing legal relations.

Bases and their wording

If the management company does not have sufficient experience, but there is discontent from cooperation with the owners of an apartment building and, as it seems to employees of the organization, there are reasons for rupture of legal relations, you need to make sure this.

Make sure that the Criminal Code has enough reason to terminate the contract unilaterally in two ways:

Contact a lawyer on housing issueswho will address the situation and will explain whether your reason is suitable for the wording of the law.
Get acquainted with judicial practice for such matters - After having studied what reason was the reason for the breaking of the relationship, and what decision on cases made the court, you will be able to simulate your situation in the future court session and understand how suitable for the wording of civil and housing codes.

In most cases, when the management company wins, the wording for rupture of legal relations with the owners is heard like this:

What documents will required?

Failure to cooperate with housing owners leads to a large number of paper red tape. Here the main acts that should be drawn up by the Criminal Code and are sent to the owners and in different instances:

Attention! If the residents of an apartment building do not appear questions and claims for documents, as well as they will take a refusal of cooperation, without turning to court, the contract can be considered terminated.

What if the management company refused home?

After the management company announced the imminent termination of his authority, residents must choose a new organization. To do this, they must notify the housing inspection, local government and the media about the upcoming meeting, on which representatives of the management companies can nominate their candidates.

All applications should be sent to the local government body, and the representative of the owners. Representatives of management companies should acquaint residents with their activities, provide a good commercial offer.

At the meeting must be attended by more than half of the residential owners of an apartment building.

If, by the fact of voting, no management company has gained more than fifty percent of the votes, the meeting is also transferred to another day. With the chosen management company, the tenants are discussing the nuances of the management and conclude the appropriate agreement.

Note! The management company, a tearing contract, should transfer new organizations to manage all the documents on the management of an apartment building, report on spending and remaining funds on personal accounts.

Although the judicial practice is shot by cases of refusal of the management company from their duties, still many tenants try to appeal this decision. Therefore, in order to take such a step, the organization must have sufficiently significant reasons.

In everything you need to observe clarity, and this procedure is not an exception. Only if the management company does everything competently and even contributes to the choice of a new organization, it has a chance to stay with owners in good relations and not be in the courtroom.

First of all, we note one important circumstance. The decision to refuse the Criminal Code is taken at the general meeting of owners of housing. Usually with the chosen general meeting of the Criminal Code every owner of the housing concludes. The term of its action is limited to three years, but in practice, most often the contract is only a year.

Tip! The first and easiest way to refuse the serving Criminal Code at the moment is to simply wait for the term of the contract. And then, at the general meeting, choose a new control company.

After the end of the contract

Step-by-step instructions of how in general order to abandon the management company consists of such stages:

If the term of the contract is simply over, the owners have no need to justify their decision to refuse the Criminal Code, bother the collection of evidence to terminate. Just give up the services of this company and that's it.

Of course, it is easier to wait, when the term will expire, but it also happens that the current circumstances are forced to make emergency measures and ahead of schedule to abandon the services of the Criminal Code. For example, she ignores the legitimate requirements of the inhabitants and evades their direct duties. About all the responsibilities and services of the Criminal Code, read.

In this case, it has been necessary to interrupt contractual relations with an unscrupulous partner.

By early termination of the contract

Before terminating the contract with the management company unilaterally, the owners of the MKD should be prepared:

have good reasons supported by convincing documentary evidence;
prepare the required packet of papers;
notify the owners of the meeting;
hold a general meeting of owners;
notify the Criminal Code.

Consider, at the beginning, the grounds for exiting the Criminal Procedure, then let us touch the evidence that you will need and find out what documents will be needed.

Basis

Refusal to the UK services need to justify. The grounds for early termination of the contract may be recognized as the following steps from the Criminal Code:

did not fulfill home maintenance work;
did not provide residents with the services stipulated by the contract;
the quality of the services provided and the work performed was low;
i did not provide citizens of the information you are interested in.

If at least one of these conditions is present, then on a legitimate basis, it is possible to require the cessation of relations from the Criminal Code.

Note! The end of the contract is an absolutely legal reason to stop relations with the Criminal Code. If it is not extended, then cooperation ends completely and finally.

In all other cases, according to Article 162 of the LCD of the Russian Federation, the presence of grounds will have to prove, most often in court.

Documentation

For early unilateral termination of the contract between owners and the Criminal Code, it is necessary to prepare such documents:

The protocol of the General Assembly, which decided to refuse the Criminal Code.
Copies of calls to churrent organizations - Extranadzor, prosecutor's office, SanEpidemstan.
Copies of owners' complaints for violations by the Criminal Code.
Copies of acts of verification of activities of the Criminal Code.
Written notification of the Criminal Code on termination of the contract with it.

Notification

In the process of termination of the contract with the Criminal Code, two types of notifications are used. First the notification is intended for the alerts of the owners and the management of the general meeting of housing ownerswhere the question of refusal to the management company will be raised.

If in the MKD there are unsuccessted apartments, a representative of the urban administration is necessarily invited to the meeting.

Indeed, in this case, the owner of the housing is the municipality.

The notification indicates the agenda - The question of choosing a new management company or other method of management.

Next, the notification must have contact phones for which you can get information about the issues made to the discussion, the initiative group is indicated, that is, those people who convene the general meeting. Naturally, place, date and time of the meeting.

About adopted at the meeting of the decision of the owners must be notified by the Code itself. In notification, it is necessary to rely on the current legislation - Article 162 of the LCD RF, P.P. 8.1 and 8.2 Article 450 of the Civil Code of the Russian Federation.

Reference! The notification necessarily indicates the foundations of the decision: the court decision, the decision of the General Assembly, etc.

Proof of

It is important to remember that legislation, owners of housing is given the possibility of early termination of relations with the Criminal Code. But such a decision must be confirmed by irrefutable evidence. For example, it is possible to include the following cases:

Important! All violations of the Criminal Code need to be memorized and, if possible, documented. Before collecting the general meeting, it is necessary not only to request the documentation related to the performance of work on the current contract, but also to prepare evidence that the points of this contract have repeatedly violated.

As evidence of violations of the Criminal Code,

copies of the appeals and complaints of residents;
acts of verification of the work of the Crossing Organizations;
acts fixing the improper performance of the duties.

Preparation and holding of a meeting of owners

To properly prepare a meeting regarding the abandonment of the Criminal Code, it is necessary to take such actions:

Important! It should be borne in mind that before the preparations started careful work with the owners. It is advisable to convince most of them as needed or choosing a different way to manage the house. Only after that you can take practical steps.

After deciding with the meeting, it is necessary to prepare notifications to all owners and the UK about the place and time of the meeting. Notifications are awarded personally under the painting or sent by registered letter with a notice at the address of the recipient.

The meeting must be conducted no later than 3 months before the term of the contract expires. If you notify the Criminal Code or contact the court later, the requirements and decision of the meeting will be rejected.

Then the general meeting is held. If it is not possible to spend it in full-time order, the correspondence form is allowed.

What to do after making a decision on refusal?

After the meeting decides the decision, the management company is sent notice to a copy of the meeting decision. The Criminal Code should prepare and transmit all materials on the house The chosen assembly of the management company or the organizational structure for managing the house, which the owners will take place.

It is possible that after the meeting, the court will have to apply. Then you need to prepare a claim and package of documents that will serve as an evidential base in court.

The control form selects the general meeting. But if there is no HOA in the house, then each owner concludes a service agreement with its own person.

After the meeting is decided each housing owner must terminate the contract with the management company. He sends a written notice that on the basis of the decision of the General Assembly, the contract is terminated with the management company unilaterally.

Is it possible to abandon the Criminal Code of one apartment?

Before answering the question of how to give up the management company with one apartment, you need to find out if it is possible.

Attention! It is impossible to abandon the management of the Criminal Service of the Criminal Service, since only a general meeting is endowed with the right to elect the home management form and only this meeting may decide on the refusal of the UK services.

In the event that one owner is dissatisfied with the services provided, it must discuss this with the rest of the tenants and come to the decision to refuse to the Criminal Code to the whole house and only through the General Meeting.

Conclusion

In addition, there are many underwater stones in the current legislation, which may not be reduced to all efforts.

The Housing Code of the Russian Federation enshrines the owner of residential real estate the right to an independent choice of the management organization. The owners of the apartments have the opportunity to refuse the services of an unscrupulous Code in favor of another organization. From the opposite side, the management company can also refuse to manage an apartment building due to disagreements with residents. The procedure for the exit under the jurisdiction of the Criminal Code was regulated by the 162nd Article LCD of Russia, for the transition from one company to other penalties are not imposed.

RESIDENTS FOR DISTRIBUTION OF AGREEMENT

It is possible to abandon the services of the management company on the basis of one of the reasons:

dissatisfaction with how the company manages a multi-apartment house;
the accrual of the high fee for the provision of utilities;
the decision of the Criminal Code does not carry out overhaul of housing, despite the collection of funds for its conduct;
the presence of problems with heating, water supply, the state of the roof, which the management company is making or refuses to solve;
employees of the company who is obliged to conscientiously manage entrusted housing, require payment of their services in excess of established standards;
slow and low-quality work on maintaining real estate in dwelling.

Procedure of termination of contractual obligations

The interruption of the current contract with the company, which should be based on a prisoner to manage a multi-storey house, occurs in accordance with the provisions of the 162nd article of the Housing Code of the Russian Federation.

The easiest way to allow to prohibit the Criminal Code to manage real estate will wait for the deadline for the expiration of the current treaty and after its expiration to transfer the right to manage housing to another representative of the service sector. In this case, the debate will definitely do not arise with the management company and do not have to prove its inconsistency in the housing and communal services.

Also, for residents, there is a possibility at all not to contact the services of management companies and manage their property independently, creating a home owner partnership. To organize your own management, it will be necessary to organize an initiative group, to make a question about creating HOA at the general meeting of residents of an apartment building, after receiving approval by a majority vote, contact the bank to open the personal account.

How to act

To refuse the management company, you must follow step by step instructions:

in writing to inform all the owners of privatized apartments about the planned holding of the general meeting of residents of the house, the agenda must necessarily be the place, the time, the reason for the convening of the meeting;
in the case of unsuccessted apartments, in making a decision on changing the company, an employee of the municipal authority must be involved;
take out the question of the transfer of the management of another organization at the General Meeting, which can successfully manage property entrusted to it.

There is a significant likelihood that local authorities organize the inspection of the work of the current Code with further compilation of acts on the results of the inspection.

Before you stop the choice on any organization, you should carefully weigh all the "for" and "against", to monitor service providers, familiarize yourself with positive and negative reviews about their competence and decency. Special attention should be paid to negative characteristics, since on the basis of these information it is possible to make an opinion on the weaknesses of companies from which the organization is selected for real estate management.

It is most convenient to stop the choice on the list of two or three applicants and voice the list on an all-lucky meeting of apartment owners for a detailed discussion. The winner is determined by voting, after familiarizing the owners with the advantages and disadvantages of each organization.

If housing owners want to independently manage their real estate, without the participation of the management company, then the general meeting may be decided to organize the HOA, provided that the majority of interested parties voted for such a management method.

The duties of the initiative group include an explanation of the reasons why you need to change the management of the house.

Arguments in favor of the need to refuse the current

The initiators of the General Assembly are required to prepare in advance on issues of what is necessary for the refusal of the UK services. At this stage, it is necessary to work in detail and clearly formulate the reasons why the MKD tenants refuse the management of the management company in the preservation of contractual obligations and require interrupting the contract. Cancel the Criminal Code that serves the house, on the basis of the actual data:

regular violation of the obligations taken under the Contract for the Organization Supply Service Public Utilities;
the organization refuses to conscientiously make work on maintaining the MCD in a dwelling;
if the Criminal Code does not provide reporting or distort information;
the contract is invalid due to the expiration date.

An example of the creation of a control company of an unfavorable situation can be the obligation to repair a controlled building, which was not fulfilled.

Paper with reports on the work carried out and the number of funds spent should be requested from representatives of the Criminal Code in the process of preparation for the general collection of tenants in order to create a base of rationale for the exit from under the jurisdiction of the organization that serves a residential building.

Create a list and justification is best under the auspices of an experienced lawyer, as its recommendations and tips will help avoid wires that can delay the process of changing the management of the house.

What documents are required to collect

In order for the current contract to be removed into the list of terminated, the packet of papers should be prepared, which contains:

invitations sent to owners from the initiative group to conduct a general meeting of the MKD residents in a certain place, as well as at a specific time;
an information letter sent to the management company with a notice of the fact of early termination of contractual obligations on the initiative of the tenants, the right to which is confirmed by law;
letters from residential real estate owners containing complaints of the inability of the Criminal Code satisfactorily do their work;
photocopies of requests for poor-quality implementation of services provided to the office of the Management Company, Rospotrebnadzor, Housing Inspectorate;
compiled according to the results of joint debates of the general collection protocol.

A copy of the last document is sent to the Criminal Code. It is important to get a mark on the reception of the transferred papers in the office. To do this, remove copies from each of the documents sent to the housing system, and with the direct transfer of the paper to the authority to the representative of the Criminal Code - require you to register the received package and put the mark on the reception on photocopies that are left at the members of the initiative group.

Such actions will allow to protect the owners of housing from applications that the acclares of tenants are unfounded and they remove the Criminal Code only in their whim.

Under the fact of obtaining materials notifying the service organization about changing the status for a particular building, the Criminal Code is obliged to prepare the paper to be transferred to the organization that the owners of the apartments have endowed the authority in the field of housing and utilities services.

However, such a fasciance by managers exists only in theory, in practice, the Criminal Code seek to prevent the rupture of the contract by all means. Therefore, there is a chance that the conflict resolution will require a trial.

The management company refused home

There are a number of reasons, due to which the Criminal Code takes off the fulfillment of obligations to maintain an apartment building in proper condition:

the serving organization began a bankruptcy procedure;
there is no license for the corresponding activity;
owners of apartments do not fulfill financial obligations.

The Law of the Russian Federation requires that all companies carrying out residential real estate, have passed the licensing procedure. However, obtaining a license that allows you to take responsibility for the content of housing, the process is slow, can delay for several years. Most of the Criminal Code do not seek to inform their wards about changing the status associated with the lack of a license. That is, they continue to provide housing and communal services regardless of its presence. Similar steps from managers are illegal. Therefore, when concluding a contract, a license should be paid special attention.

If the organization responsible for ensuring the house is in a financial pit that does not allow the improvement of entrusted real estate, the only way out for it is a bankruptcy procedure.

Also the Criminal Code may terminate the service agreement due to the owners of housing, which do not produce payments on the list of services provided or are presented too highly inflated or inadequate requirements for the maintenance of the house and the local area.

In all of the above situations, the management company has the right to terminate the agreement on the provision of services unilaterally.

What to do owners if the house does not have a managing company anymore? According to the current legislation of the Russian Federation, housing owners in an apartment building are obliged within a month to determine who will serve the house: a specific management company or home owner partnership. In the event of the inability of the tenants to make a choice independently, the administration is carried out for them. The final gap of cooperation between the serving organization and tenants of the house occurs after 30 calendar days from the date of the notice of the owners of the initiation of the Criminal Code of the Termination of the Agreement unilaterally.