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

If the owners of apartments in an apartment building are unhappy with the management organization, they can change it. There are a special procedure and certain rules regarding how to competently change the control company, or go to the direct form of deposit owners with an apartment house, or create a HOA for this purpose. In this article, let's talk about how to change the management organization correctly.

What you need to change the control company

There are often cases when the owners of the apartments believe that the management company provides them with low-quality services or in incomplete. In such a situation, the tenants of an apartment building have the right to present the requirement to renew the management agreement in order to change and add-on. What sections of the document most often need editors? First of all, this is a list of works and services of the management company on the maintenance of a house, which does not meet the requirements of the Gosstroy. In addition, it is often a contract to be supplemented with information on how the management of its obligations is carried out, which is included in the composition of the general property, as well as in which order is changing the amount of the Board for the service of the Criminal Code.

In order to renek the management contract, it is necessary:

require the management agreement in the management company to study;
compare the content of the contract with the norms that contain the Housing Code of the Russian Federation (Part 3 of Article 162);
describe disagreements 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 management organization to compile the agreed text of the contract;
consider making an agreed management agreement at the general meeting of residents;
demand from the Criminal Code of the agreed contract;
provide the agreed text of the contract to the owners of apartments for studying and signing;
to approve the main provisions of the Treaty at the General Meeting of Housing;
if the management company refuses to negotiate the contract with the owners of the apartments, they may decide to change the management company and begin the appropriate procedure.

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

The responsibilities of the management company should be clearly marked in the contract, which is concluded with it the tenants of an apartment building. The basis for the replacement of the Criminal Code in most cases is the failure to fulfill the silence of duties or their execution is not at the proper level. The decision to change the management organization of the owners of apartments is often taken due to the inaccessibility and opacity of the information on the activities of the Company (the law obliges the Criminal Code to disclose information about its work before the tenants).

So, the most common reasons encouraging the changing company include the following.

Low quality services provided:

non-compliance with the thermal regime during the cold season;
irregular water supply, no hot water;
garbage removal with delays, etc.

Content of common property in unsatisfactory condition:

the elimination of breakdowns of generalicity and equipment is inexpressive (there are strict temporary limits of the performance of these works);
lack of either poor quality repair, cleaning of the territory and other works.

Data hidingabout your own work.
Incomplete response to complaints of apartment owners, non-fulfillment of their obligations.

If the facts of the inaction of the management company are obvious, the owners of the apartments should be submitted. Each case of failure to fulfill its duties, it is necessary to draw up documentary with the compilation of acts, which will continue to serve as a 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 is necessary to finish. The law provides for the right of owners to change the managing company at the end of the contract. It is prohibited to terminate it during the first year of work.

Opinion expert

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

Yu.M. Fedorov,

expert Journal "Management of an apartment house"

Prevention of arrears among residents of an apartment building is more efficient tactics than its recovery. The better than the Criminal Code fulfills its obligations, the higher the amount of collected payments, the greater confidence, the company enjoys among the owners of the apartments. By drawing up a strategy of his work, the management organization must carefully analyze the needs and wishes of the MKD residents.

Is it possible to change the control company in the new building

After putting the house, it begins to serve the relevant organization - the management company. In most cases, the developer, taking care of his own gain, offers and in every way advertises the services of a subsidiary. In addition, the company that built the MDC may attract the Code to cooperate, which is involved in servicing homes in this area.

What is profitable to attract a subsidiary of the developer's subsidiary?

Communal services are provided immediately after the owners received the keys to apartments.
With a high probability, the developer will control work on the content of the house in good technical condition, because it will directly affect its reputation.
The subsidiary is competent in solving any engineering issues.

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

financial flows will take place not only through the Criminal Code, but also through the developer;
the management organization will be able to artificially overstate the size of communal payments;
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 it will consider the necessary construction company.

When drawing up a contract with the management company, residents have the right to designate in it a list of those works and services they expect to receive from its part. However, this feature is inaccessible when working with the subsidiary of the developer.

So that none of the above-described situations happened, while settling in new buildings, many apartment owners make a decision to change the management company and prefer independent organizations. The right to do it appears only after at least 50% of tenants will be settled in their apartments. With this indicator, the owners will have the right to form various partnerships, which at meetings and decide questions about how to change the control company.

2 ways to change control company in the house

Method 1.When the term of the contract has expired

The moment when the term of the contract comes to an end is optimal in order to change the control company.

If none of the parties declared the desire to terminate the agreement, it extends automatically. To clarify the term of the contract, it is necessary to contact directly to the authorities or to leadership.

Method 2.When the contract continues to operate

It is much more difficult to change the control organization if the rows of the contract is not over. If the owners of the ICD apartments have already decided on the choice of a new Criminal Code, it will be terminated by the previous contract. However, if the HOA is not yet chosen, it will have to be taken to the owners themselves.

According to Art. The 450 Civil Code of Russia interrupt the Agreement before the expiration of the term is possible in several ways.

By agreement of the parties.

It is used if the owners of all apartments agree to change the management organization. First, it is necessary to compile and sign the Agreement with the current company, which discloses the transfer algorithm to the successors of all documentation regarding the MCD, funds for settlements with service providers, unspent materials, repair products, etc. After the reception is carried out, you need to conclude an agreement with a new management organization.

According to the existing contract.

Some MKD maintenance contracts contain information on the rules of their termination. Usually, if the owners for the month staged aim to terminate cooperation, the company is automatically exempt from its duties.

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

This article serves as the basis for termination of the contract in the event of an unexpected development of events. If one of the parties does not recognize the presence of this, it is possible to terminate the contract by contacting the court.

According to other laws.

The Housing Code of the Russian Federation (Art. 161) enshrines the right of apartment owners to change the management organization. This can be done by creating a HOA, which will refuse the UK services and will be engaged in the management of the MCD.

However, with such a course of events, the termination algorithm is not regulated by law. 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.

With significant violations of the terms of the agreement on the part of the Criminal Code, the owners of the apartments have the right to submit to the court to terminate the service contract. Article 450 of the Civil Code reveals the concept of essential violationsthat are concluded in:

non-compliance with the temperature regime in the apartments;
the presence of non-working elevators;
irregular water and power supply;
roof wear, etc.

The Criminal Code disrupts the terms of the contract for the service not only when it is inactive in the presence of violations, but also in case of non-compliance with the deadlines. Having considered the evidence provided by complaints and acts of tenants in the control organization itself or to regulatory authorities, the court terminates the agreement.

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

For a long time, Russian courts did not recognize the rights of general meetings of residents to make decisions to change the management company in the absence of evidence of a significant violation of the treaty conditions. But, relying on the decision of the Presidium of the Russian Federation of the Russian Federation of 11/22/2011 No. 7677/11 in case No. A65-11798 / 2010-SG3-14), the courts changed their position over the past few years.

Today, the MKD management agreements have a mixed structure, including the elements of the contract for the provision of services and the predominance of the first. This fact means that the unilateral procedure for 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 residents at the general meeting of another way of managing the house or the decision to change the organization.

In other words, by choosing a certain Code and the method of managing the MKD, the owners of the apartments do not lose opportunities to change them, and for this, it is absolutely not necessary to document the facts of violations by managers. By the way, the Criminal Code can also refuse its authority with respect to one or another home unilaterally.

Change management company housing and communal services and pick up a new uk

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

the presence of a license (FZ No. 255 dated July 21, 2014 states that the management organization can carry out activities only in the presence of a state license);
the nature of the relationship with the administration and experience;
level of organizational work;
funds, founders;
how many houses are under the jurisdiction of this organization;
what condition is the material base and documentation of the company;
how important the organization is open and transparent;
does the Criminal Code use an individual approach when working with housing owners;
how promptly the company responds to the applications of the owners of the apartments;
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 the subjects of the Russian Federation contain information about all managers who have a license. These information is open, you can find them on the official sites of the housing supervisory authorities of state executive.

If the owners of the apartments could not independently choose the management organization, the local governments are conducted by an open contest to determine the company that will be engaged in the management of the MCD. The law states that the competition must be declared within 3 days after the General Meeting, during which the tenants announced a decision to change the management company, and were held 30 days after his announcement.

Procedure for changing the procedure

Stage 1.Formation of the initiative group

The initiative group of owners, the organization of which, when changing the Criminal Procedure, the Council of the Apartment House is carried out, members of the Board of the HOA or any other owners of the Apartments of this MCD may be included. It has legitimate access to any documents relating to the house, including a cooperation agreement with the management organization.

Stage 2.Collect the necessary documents

The initiative group of owners proceeds to collecting documents in order to substantiate the need to change the control company. The law obliges managers at the request of apartment owners in the MCD to provide all the necessary paper to familiarize yourself. In case of refusal to owners, the official written response should be required.

The Criminal Code should provide:

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

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

After studying the documentation and registration of the list of claims, the initiative group of owners is carried out by the general meeting of residents. To provide a quorum, notifications about this event are sent at the addresses no later than 10 days before the date. The initiative group of owners is preparing custom letters with alert, presents each owner to painting. The meeting is confirmed 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 is a meeting - full-time or correspondence (voting);
Full name and passport details of each initiator of this meeting;
time, venue, date of the event;
venue, date of principles and end of the reception of bulletins - with absentee voting;
agenda of the event. The law is prohibited at the General Meeting to change the list of questions, as well as consider aspects that were not included in the Assembly Plan;
in the case of absentee voting, you should invest in voting ballots, which indicate the FIO of the Chairman, members of the Accounts Commission, as well as the secretary;
what kind of ways the owners of the apartments were notified of the place and time of the event.

Stage 3.Convening a meeting

To change the control company, it is necessary to terminate with her service contract. This decision can be made exclusively by the general meeting of the owners of the ICD apartments. Interests of housing employers in this case are members of the municipality. In the protocol of the General Assembly, it is necessary to indicate the facts of violations of the Criminal Proceeds, as well as justify all claims against managers.

Decisions of the General Assembly of Owners are powerful if the event participated in the owners of apartments in this MKD or their representatives who possess more than 50% of the votes from their total number. The decision on the issue of the Criminal Procedure takes the simple majority of owners who were on the vote (if "for" more than half of those present). In other words, if more than half of the tenants were at the meeting and more than 50% of them spoke in order to change the control company, the rest should comply. At the same time, the number of votes of this or that owner depends not on the number of people, and on how many square meters of the apartment and the total area of \u200b\u200bthe house belongs to this tenant.

The question of choosing a new Code is a mandatory meeting agenda.

Stage 4.Choosing new managers

Before holding the general meeting of owners, the initiative group is preparing a list of possible candidates, and also refers to them to submit proposals on:

form of service contract;
mKD repair;
list of services for the content of the house;
tariff policy, etc.

By the date of the General Meeting of Owners of the 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 suitability of people living, have the right to determine the owners of the apartments. In order to correctly make a minimum list, it is advisable to contact the services of a specialist. Housing Code of the Russian Federation (Art. 162) determines the list of items that must be included in the contract:

the composition of the general property of the MKD, which will be included in the responsibility of managers at home. For example, at the general meeting, the owners of apartments may decide to convey construction structures and engineering equipment for the maintenance of the Criminal Code. At the same time, it is not necessary to include in the managed property of the property, residents can hire a janitor or to care for it;
a list of works and services for the maintenance and repair of general-purpose property, as well as utilities; The procedure for making changes to the list of lists;
algorithm for calculating the amount of fees for utilities, as well as for the maintenance and repair of the Ministry of Measures; An indication of ways to make payments.
Attention! Tariffs for payment of utilities are approved by regional and local authorities, and the list of housing services and their cost - independently owners of apartments;
the progress of control over the activities of the Criminal Code. The law protects the rights of residents and obliges a management company every year to provide the owners of the apartments a report on the work of the contract.

Stage 5.Registration of the protocol of the meeting

The Housing Code of the Russian Federation does not contain clear requirements for issuing a protocol of the assembly of the MKD residents. It must be compiled in writing and signed by the members of the Accounts Commission, the Chairman and Secretary. During the general event, only the issues contained on the agenda should be considered. In other words, the decision to choose from new managers can be invalid if it was accepted, but was not included in the meeting plan.

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

notification of stakeholders and owners of all apartments on the meeting of the owners of the MKD;
voting move;
agenda;
the procedure for informing the Criminal Code about which solutions were adopted at the meeting and when the authorities of the managers stop (art. 45 LCD RF);
the procedure for informing residents and stakeholders, including those who have not participated in the meeting.

Stage 6.Alert former and newly selected

After the General Meeting, the MKD tenants should inform the new organization about their desire to be under its control, as well as the old one - about the intention to leave it. For this, the owners are awarded the protocol of the assembly to both companies.

After the general meeting of the tenants decided to change the management company, managers have 30 days to carry out the transfer of a new Criminal Code of all technical documentation on this MCD.

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

if the owner attended the meeting and participated in the voting, but was in a minority, and his legal rights and interests were infringed;
when for one reason or another, the owner of the room was absent at the meeting and disagree with those decisions that were adopted, believing that they violate his rights and interests.

The claim may not be accepted by the court if:

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

The Housing Code of the Russian Federation (part 6 of Art. 20) states that the bodies of municipal housing control and the state housing supervision may apply to the court to:

recognize the management agreement of the MKD invalid;
eliminate the partnership;
to recognize the decisions taken by the General Assembly of the owners of apartments that are unrelated.

The appeal to the court in this case is possible in the following situations:

in identifying violations of procedures for the formation of the partnership of owners, the choice of the Criminal Code, the preparation and signing of the MKD management agreement;
when the prescriptions to eliminate the inconsistency of the charter of the partnership and the changes made to it are not fulfilled in the time limit.

Transfer of documentation from one management company to another

So, 30 days before the MKD management contract ceases its action, the management company should transmit information related to the management of this house, its successors. However, in reality, interested parties often have to file a lawsuit in court, because cases where managers do not want to transmit technical documentation or simply do not have it, they are quite common.

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

provide a new management organization documentation for the house, if the management company, which is decided to change, has it;
restore lost documents in their absence and transfer to new managers.

In addition, there is a rule about replacing the execution, according to which the "new" Code can restore the lost documents by its own forces, recovered from the expenses from the predecessor company. Properly decorated and signed by the parties acts of receiving MKD on management will serve as evidenced by the fact that the former management organization does not have all the necessary documentation.

The management company can take advantage of the expiration of the total limitation period if its successors demanded to transfer the documentation after the expiration of three years from the end of the management agreement. However, this rule does not act when transferring customer registration cards. According to the Decree of the Presidium of the Russian Federation of September 6, 2011 No. 1089/11 in case No. A60-5559 / 2010-C3, these documents are drawn up during the registration of citizens in the living quarters of the municipal, public and private housing stock and are public.

The procedure for executing a court decision on the restoration and transfer of lost technical documentation of the chosen Code is quite complicated. In this case, lawyers recommend the plaintiffs to apply for the establishment of an Astrrent as the responsibility of the previous managing organization for the failure to fulfill the court decision. Paragraph 3 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of April 4, 2014 No. 22 states that the Astrate is a sum of money that the defendant must pay in favor of the plaintiff in case of non-fulfillment of the court decision in a voluntary order to the specified date.

In practice, cases where management companies refuse to transfer the business of the newly elected organization, without recognizing this way to solve the general meeting of residents. Therefore, the owners of the premises in the ICD 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. A package of documents that will be required to remove the organization from home management must contain:

copies of complaints of apartment owners in state control bodies or directly to the management organization;
acts about non-compliance standards;
copies of decisions on attracting the Criminal Code for improper performance or non-fulfillment of their duties.

The newly elected management organization has the right to complain about the housing inspection and the prosecutor's office, as well as contact the arbitration court, if the former Code does not recognize the results of the General Meeting of the MKD Housings.

If the management company forces by the MKD residents are not possible, the owners of the apartments can file a complaint with the Department of Urban Economy. According to Art. 165 Housing Code of the Russian Federation This organization will check the activities of the Criminal Code, and, if the facts of violations are confirmed, initiates the general meeting of the owners of the apartments of this house.

If you want to change the management company to the maximum short time and with minimal time costs, refer to the services of intermediary firms that help the MKD residents to deal with unfair management. The cost of their services may vary from 30 to 100 thousand rubles.

Three rules for concluding contracts with resource-supplying organizations when receiving / transmitting the MKD

Opinion expert

On the transfer of documents registration documents

YES. Nesterenko,

expert of the reference system "Managing an apartment house", lawyer

If the former management company has accepted and transferred documents on accounting for the registration of citizens to the relevant instances, its responsibility is the transfer of these securities to the premé. Having received a refusal, the newly selected Criminal Code has the right:

apply to the Arbitration Court with the requirement of the transfer of the previous Criminal Code of the Citizen Accounting Documents. Practice shows that in most cases the courts satisfy such claims. This is confirmed by this, for example, the appellate definition of the Murmansk Regional Court of August 7, 2013 No. 33-2614-2013, as well as the Resolution of the FAS of the Moscow District of September 21, 2011 in case No. A40-73182 / 08-19-483 and of September 17, 2013 in case number A41-53549 / 12;
to declare the GSN authorities about the violation by the predecessor of the rules of content in terms of transmission 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 accounts, however, due to poor-quality services, they decided to change the control company, they have the right to return to the Balance of the MCD those who remained on the accounts' accounts. What should I do for this? First of all, it is necessary to submit a request to the UK on the provision of a report on financial and economic activities, which consists of:

the list of work performed indicating their cost;
contracts with contractors;
estimated documentation;
acts of work performed, etc.

The study of the report will give owners of the MKD apartments. The idea of \u200b\u200bwhich work was carried out and by whom how much money was spent, and most importantly - what amount remained on the accounts of the Criminal Code. The responsibility of the management organization is to list this amount on the account of the company-proprietary or HOA (in the event of a change in the management form). In this situation, events can develop in the following scenarios.

1. Changing the control company can be managed without unnecessary problems. Employees draw out the act of receiving MKD, provide a report that does not cause questions from the owners of apartments, and list unused funds at the expense of the new Criminal Code (HOA).

2. The procedure for changing managers is accompanied by difficulties. Often the Criminal Code insists on the further maintenance of the house or seek to master the remaining funds on paper, which is why information about unfulfilled services or work appears in the reports.

If there is a suspicion that the owners of apartments in the MKD were calculated, then lawyers of the new managing organization or the Chairman of the HOA can order a construction and technical expertise. After providing its results for the court, it is possible to demand from the previous Criminal Code:

unused funds;
the cost of the lawyer's services if they needed;
cost of construction and technical expertise.

3. In some cases, the owners of apartments in the MCD discover the minus balance on the account of their home. In this case, the previous Criminal Code presents the debt tenants, whose size can reach hundreds of thousand rubles.

What reasons can this situation occur?

The MKD residents during the voting decided to repair the repair "at the expense of future payments". In this case, the management company appears the opportunity to drive apartments to the debt. Before changing the management company or create a HOA, the owners have to settle with managers for the services provided and the work performed.
The management organization was repaired without priorressing this issue on the vote of tenants. However, according to the requirements of the Housing Code of the Russian Federation, current repairs should be approved by the owners of apartments at the General Meeting. If the repair was not an emergency, the law does not oblige owners to pay it.

For whatever scenario, events have developed, it is important to remember that each ruble listed in the Criminal Code should be used strictly for its intended purpose.

Opinion expert

Machinations of the Criminal Code - the usual thing

Vyacheslav Vitychko,

director of the consulting company in the field of housing and communal services OOO ZHKS-Primorye

In the housing and communal services, there are many schemes for frauds that experienced managers are well aware of. The average man is extremely difficult to independently understand the estimates and reports, however, if they began to work, the first thing to learn certain aspects.

Repair work

Often in the reports of management companies, the cost of the work carried out is actually overestimated. How? For example, in accordance with the documents in the basement replaced 5 meters of pipe, and in fact - only 2 meters. Nobody changed the pipes at all. In this case, the managers hope that none of the owners of apartments will not run with a roulette in the hands of the codings. To resolve this situation, it is necessary to carry out a thorough primary inspection of the MKD. Here, residents have to take in the hands of acts and test everything: whether pipes were replaced, how many new plastic windows appeared in the entrance, etc. If during the inspection it turns out that the work reports were held, but in fact - no, then the owners of the apartments should be made on a countercurrent act and contact the management company with a claim on the return of funds.

"Inflatable" estimates

It often happens that the work was performed, but the reports reflected in unreasonably high cost. What expenses are most often overstated in the estimates? First of all, these are spending on fuels, as well as the price of building materials. In addition, VAT may be included in the price, even if the company works on a simplified tax system.

Unfulfilled services

How to do if the payroller's salary is indicated in the report of the management organization, but no one ever seen her in your house? In other words, the Criminal Code regularly charged with the tenants for work, but the service was not provided. To prove the fact of violation of their own rights and demand recalculation, the owners must have written complaints in the Criminal Code, as well as acts that the cleaning in the entrance was not produced.

If any of you ask a question: Did you choose the management company for your home, probably 90% will answer that not only did not choose, but they did not hear about any elections of the Criminal Code at all.

The reason for such a situation is that in the period when the utility reform began and the Housing Code of the Russian Federation was introduced, created on the basis of old HISEC, new managers, taking advantage of the legal illiteracy and inorganizedness of most residents, simply "secured" the right to manage homes, not even Notifying the owners.

So the owners of the Ministry of Messages were left as "serfs" with the old hheka, only in the new appearance - in the form of a management company. Due to the fact that all apartment buildings were "enshrined" for such ancaster, new "players" in the housing and communal services market did not arise. A kind of monopoly market of management companies has been created.

And it began: without the consent of the owners, the betting rate is changed; Enter target collection; I wash the entrance once a quarter, and the fee for the cleaner is collected monthly; Includes in calculations of soybeans (generalic needs) of an excess, etc.

In economic theory, one of the properties of the monopolized market is the possibility of a monopolist of the market to discriminate consumers, establishing the price of its goods at its discretion. And with all this not be responsible for the improper content of the common property of an apartment building!

However, life does not stand still. Displeasure residents of the quality of services (and often the absence of these services) increases, people are looking for ways out - someone creates HOA, someone seeks to find a new, modern management company on the market. Fortunately, the market managers of a new type began to appear on the market, which can be survived among large monopolies only if their jobs are pleased.

So how to get away from "serfdom"? Tell our instructions below.

Rules Termination of the Control Treaty with the Management Organization

The Housing Code of the Russian Federation does not give us rights like this, waking up once in the morning, take and abandon the services of a certain Criminal Code.

There are several ways to do it on legal grounds:

1) Choosing a new managing organization at the end of the expiration date of the management agreement with the old Criminal Code.

2) essential violations of the contract of managing the old managing organization.

According to paragraph 8.2 of Art. 162 Housing Code of the Russian Federation, the owners of premises in an apartment building on the basis of the decision of the General Meeting unilaterally have the right to refuse to fulfill the management agreement of the apartment building, if the management organization does not fulfill the conditions of such a contract. And make a decision on choosing a different management organization or about changing the method of managing this house.

3) CCM change on the basis of the General Meeting of the MKD owners during the Agreement period and without significant comments to its work.

There is a resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of 11/22/2011 No. 7677/11. Which treats the item of the Housing Code so that the owners can change the Criminal Code if they took about this decision at the meeting, even if the Code did not have significant violations of the management contract.

4) Changing the method of managing a multi-apartment residential building.

For example, at the general meeting of the owners, you decide on the creation of HOA or TCN, but later the partnership does not manage a multi-apartment residential building independently, and hires a controlling company in accordance with paragraph 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 meet expectations, it will be possible to change it, by spending only one meeting of the Board of the HOA, if it is provided for by the charter of the partnership.

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

6) deprivation of a license management company for the right to manage your home, according to Article 199 of the Housing Code of the Russian Federation.

How to choose a "right" control company?

Step 1. Selection of a new management company

The definition of the Circle Circle is one of the most important and responsible moments. Usually, this question does or the board of the house, or the initiative group.

Be sure to discuss the issue of the change of the Criminal Code with the neighbors and the owners of other premises in the MCD.

Tip 1.

Discard all doubts that your home will not be interested in any control company. The practice of the Center for the protection of the rights of citizens "Fair Russia" shows the opposite.

Even old, so-called "problem" houses are interesting to managers. Such an interest can be caused by different reasons, it does not matter what, but it is important that almost any home is interesting in its own way of a managing company.

The list of managers, as a rule, is posted on the official website of the municipality. In any case, in the department of housing and communal services of the administration of their city, you can get an actual list of all in the city of the Criminal Code.

Tip 2.

Do not neglect unknown to you or young organizations.

Often, new organizations are more focused on the "client", their activities are more transparent, and they have a huge desire to gain peace in this market of services, sweating the large "monsters".

Council 3

Examine all kinds of ratings and anti-tracking, the so-called "black lists". These ratings are often published in open sources, the Internet, on the results of the work of GGG, Rospotrebnadzor and other government departments.

Step 2. First acquaintance

Collapse as many companies as possible and negotiate with their management on the subject of management of your home.

As a visit to the leadership of your chosen potential management organization you have chosen and discuss all your questions. Moreover, go better than the asset of the board of the house or a group of skeptical tenants.

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

The purpose of the first step is to draw up a general opinion about the company-applicant and choose among all applicants 2-5 companies.

The Center for the Protection of Rights of the Rights of Fair Russia can assist you in the initial selection of companies and organize a platform for familiarizing and present these companies for the Council of the MCD or the initiative group.

Step 3. Acquaintance with selected applicants

At this stage, it is necessary to get acquainted as close as possible with applicants, purposefully obtain information about companies from open sources. If the company enters the anti-page, to clarify, for what reasons it happened.

It is very advisable to communicate with the inhabitants (Council of the McD) of those houses that the applicants chosen by you are managed, because this information will be the most objective for you.

Questions to such residents can be different. The approximate list of questions may consist of the following: how the company serves the house as a whole; How often cleaning common places; How the company reacts to the supply of residents and comments; How accessible is the management of the company to communicate with the inhabitants; how quickly reacts to accidents; How qualitatively the repair is carried out; As the company reports to residents; What is the general claim to the company in general.

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

Collecting technical information on your home

This step can be made on earlier stages, even before action on the call, but it should not be later than step 3 (acquaintance with the selected applicants).

At this stage, it is necessary to collect information about your home. Than more information will be information, the better. You yourself, like the owner, should understand what state is your home.

Information about the technical characteristics of your home you can request in your Criminal Code, for example, familiarize yourself with the technical passport of the house, also this information can be obtained in BTI, but this service is paid.

Determination of urgent problems in the house

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

It may be the need for urgent roof repair, which occurs for a long time, it may be necessary to change the local area and an increase in parking spaces for cars, or the installation of the playground.

At this stage, it is necessary to draw up a list by ranking problems for significance.

Step 4. Transition to the discussion of the basic conditions of the management contract

At this stage, the owners turn to the definition of the possibilities of the management company for servicing their common property.

To do this, we suggest sending a questionnaire (questionnaire) to this ukra.

The questionnaire contains the most interesting issues in the content of their common property in the MCD. Naturally, for answers to many issues of the management organization, it is necessary to study the technical characteristics of the house, and possibly its survey.

Step 5. Defining the Winner

According to the results of the survey, the board of the house or the initiative group defines the winner of the competition they spent and proceeds to the discussion of the conditions of the future contract, its form, the list of services provided, tariffs, etc. specifically for their home.

Step 6. Conducting a general meeting on the selection of a new management organization

If all previous steps are passed, explain to the owners at the general meeting, why it is necessary to choose a new control company, will not be much labor. The procedure for holding the general meeting of the owners of the 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 the decision to adopt owners who have more than 50% of the votes. It is important to take into account that the voices are counted not by the number of owners of the housing, but in the midst of the apartments relative to the entire living area in the building.

At all stages of the competition, the specialists of the Center for the Protection of the Rights of the Rights of Citizens "Fair Russia" are ready to provide advisory and organizational assistance to residents of homes on the selection of a new management company.

Remember, choose and accept the decision only you yourself!

If at least one owner in an apartment building is dissatisfied with his administration, it can be the initiator of the change of the unscrupulous management company. It is important to comply with the norms of legislation.

Choosing a new organization

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

Such preliminary actions will help to reduce the risks of incorrect choice to a minimum.

Way to change the control company

First of all, you need to choose which way to change the control company in an apartment building.

The Housing Code of the Russian Federation provides for the following cases where residents can initiate the termination of cooperation with the applicable administrator and conclude an agreement with the new one. Changing the management company of an apartment building in 2016 and in the New 2017 is the same and divided into types:

completion of the work period of the current managing organization in accordance with the period established in the Management Treaty; From a new period, you can conclude an agreement with another organization;
the refusal of tenants from the execution of the contract with the organization, if such an agreement was concluded according to the results of the tender; The right to refuse is implemented 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, it means that after November 14, 2017 it is possible to terminate it); At the same time, the decision to refuse is made exclusively at the general meeting of the owners of the apartments;
the current company made violations of the terms of the contract for the maintenance of an apartment building; In accordance with Part 8.2 Art. 162 LCD of the Russian Federation in such a situation residents may terminate the contract with the organization unilaterally; The decision to terminate relations with the company is also made at the overall collection of owners;
the management organization has lost its license to implement the administration of apartment buildings; Cancellation standards and termination of the license are contained in Art. 199 LCD RF;
termination of cooperation on peaceful agreement with the management company;

deciding on the general meeting of owners about changing the form of management, for example, the formation of HOA.

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

General meeting of owners

How to organize the collection of residents at home:

Make a written agenda of the meeting. The document includes the following items:

meeting to make a decision by part-time voting;
refusal or termination of the contract with the current managing organization;
selection of a new management method (HOA, TSN or again of the Criminal Code);
election of a new management organization and its approval;
approval of a new management contract - consideration of all its conditions, especially order, deadlines and sizes of fees for services and their detailed list;
Establishing a period for transferring the necessary documents and finances to a new managerial (preferably within 3-4 days after the meeting and 30 days before the cessation of the previous management company);
in the case of the loss of documents, entrusted material assets and cash in the current company, it is obliged to restore losses within 3 months at the expense of its own resources, as established by the Decree of the Government of the Russian Federation of 05/15/2013 No. 416, containing the rules for managing the apartment building, based on which order is formed shifts of the management company of an apartment building;
standards of compilation, confirmation and storage of the protocol of the meeting;
a way to inform the owners on the results of the meeting.

10 days before the meeting, send all the owners of the alerts about the upcoming collection (sample of such a document). Notify citizens can be personally with the provision of receipt for the signature, as well as by sending custom letters. If decisions were made in previous meetings about alternative notification methods - an indication of information on the stand in the general room, on the door of the entrance or sending letters in electronic format, etc., then you can use in such ways. To clarify the alert method is possible in the management contract with the existing Criminal Code or in the Assembly Protocols archive. At the same time, an entry is made to the log of notifications - with the signatures of each tenant or numbers of registered letters, etc. (sample magazine).

Conduct a full-time meeting of owners. Be sure to be chosen by the Chairman of the Assembly and the Secretary. Full-time voting is fixed on a general form of solution. In addition, it is recommended to draw up the register of issuing forms to the participants of the meeting.

4. Conduct correspondence assembly - bypass those residents who could not participate in the meeting. For voting continues to fill the same form of solution.

5. Compiled a protocol of the meeting.

6. Directions are sent to the owners of the apartments on the results of the event - within 10 days from the date of the meeting. It is allowed to post a general sheet notification in a certain place approved on the collection.

7. Sending copies of the meeting protocol to the current managing organization - similarly within 10 days from the date of collection.

Former UK: how to report

After making a decision, it is not enough to send a copy of the protocol to the management company - it is necessary to transfer the official notification of a change in the management organization or the object management method (Education of the HOA).

Within 5 days from the date of the meeting, copies of notifications are sent to the previous company, to the municipal body for housing control, the service of the state housing supervision. A copy of the decisions of the owners of an apartment building is applied.

The notification necessarily indicates the details of the new managerial - a new company (its name, legal address) or information about one of the owners, if the HOA has been created.

New treaty

According to Art. 162 LCD of the Russian Federation at the conclusion of a contract of management at least half of the owners should leave signatures in it. If the signatures are less than the specified number, the document does not have legal force even with the legality of the decision of the assembly of residents.

To fulfill this requirement, optimally convene the owners to the general meeting or to sign the document on the meeting, which resolved the issue of changing the management company.

After the conclusion of the contract, the new company submits a statement to the Housing Supervision Service for making a record of a new serviced apartment building in its license. Such a procedure lasts 10 labor days.

After approval in the license of the new management facility, the company proceeds to its duties, and the owners pay its services under the contract.

Alternatives

Instead of a long procedure for changing the management company, you can try to solve disagreements with the existing and renew the management contract.

For this, the owners are studying the contract concluded earlier, check it for compliance with Art. 162 LCD RF, make up a protocol of disagreements to adjust the terms of the contract. After the coordination of all conditions, a group of owners of an apartment building and employees of the Criminal Code are formed to compile a new text of the contract.

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

Another way is the change of the management company in court if the former organization refuses to stop servicing the home. At the same time, it can also challenge the decision taken at the general meeting in court. Therefore, it is important to comply with all the conditions and terms of procedures and prepare written evidence of claims, disagreements, discontent owners so that if necessary, operate in court.

 - Housing codex gives owners right change manager company, if a she is not performs or performs in inappropriate quality and from violation skokov their obligations, which specified in treaty from owners housing. But issue « divorce» we need right. Olga Yuryevna, let's tell me, what kind stages preserved perform residents, to everything them actions were right from points vision legislation.
- The first step is to create an initiative group of owners, which will begin the procedure for changing the management company. It can be members of the board of the HOA or any other owners of the apartments of this house. Examples of changing owners of management companies in Sheksna are. A few years ago there was a massive transition of apartment buildings in Sheksna Southern from the management company "Revival" in MUP "Improvement". Then it ended with the liquidation of Revival LLC. But, as practice shows, in rare cases, the former company is ready to part with the house by goodwill. Much more often we see how the Criminal Code is trying to leave him under his control. And here the main role is played by cohesion and activity of owners who defend their legitimate interests.
 - Olga Yuryevna, let's start from self important. What kind exist forms hold common collection owners apartment at home?
- To change the management company, create a HOA or go to the direct form of control of an apartment building, you need to comply with a special procedure. First, the initiative group that comes out with the proposal to hold a general meeting, ten days before it should notify the owners. There are three ways to notify the owners - by registered letters, awarding the owner on receipt of reporting on the general meeting, and the third is the most commonly used form - a meeting of the meeting, placed at the entrance to the entrance of the house or on the first floor, that is, where most Owners This announcement can see.
 - Olga Yuryevna, what must be posted in it is announcement?
- It must be specified who is the initiator of the General Assembly - this may be one owner or a group of owners, or the management company. The place, date and time of the general meeting, as well as the agenda and the shape of the voting should also be indicated. There are three forms of holding a meeting - full-time, correspondence and internally correspondence, which introduced quite recently. Notification of owners is required for any form.
- Let's we will understand eVERY form hold common collection.
- Full-time shape provides for the following procedure: notification of owners, which at the appointed time in the appointed place are collected and discussed issues of the agenda. When changing the management company, the first point of discussion on the agenda should be to terminate the contract with the old managing company. The second question is the choice of a new management company. 2/3 of the owners should come to the meeting. Take a decision by open voting, that is, by raising your hand, and all this is entered into the protocol of the general meeting, where they samples. If quorum, that is, more than 50% of the owners voted "for" the change of the management company, it means that the decision is considered adopted, and the meeting is considered to be eligible. As the law says: "The general meeting is competent if the owners of premises have been attended, possessing more than 50% of the votes from the total number of votes." I clarify, the voices are considered not by the number of people, but by the number of square meters, whose owner is considered to be voting, and for the share of this metrarium in the total area of \u200b\u200bthe house.
 - If a owners disciplined and executive – everything came on the collection, voted, protocol made up. what occurs further?
- If the meeting took place, and decided to change the management company, then the initiative group should notify the management company within 5 days, which directly controls the house, on termination of the contract and change the Criminal Code. A new management company must conclude a multi-family house management agreement with all owners and within 3 days from the date of signing the Agreement should apply to the State Housing Inspection, so that the license of this management company has made management of this house. Payments from owners will go to this control company from the moment that this house will be specified in the license.
 - Olga Yuryevna, already on the collection should be defined and specified in protocol new managing company?
- Yes. Within 5 days after the general meeting of the owners, the previous Criminal Code is notified of the termination with it, and within 30 days it should transfer all the technical documentation of the new management company.
- That there is, process – from collection before final transition - Borrow month?
- Approximately a month. In this case, the most important point is the introduction of this house in the license of the new management company.
 - Olga Yuryevna, You told about full-time form hold common collection. Second the form – dust.
- With correspondence form of a general meeting, the procedure also begins with the notification of housing owners in 10 days about the date of the meeting. Usually correspondence voting occurs in a questionnaire. The initiative group, although it may be one owner, makes the quarter bypass with a questionnaire, which indicates the agenda. Every owner in this sheet votes either "for" or "against" and signs, puts the date when he decided. Then there is a counting of votes by the initiative group. If there is a quorum, the meeting is considered to be, but the decision taken.
 - Olga Yuryevna, aside i know, w. inaC, as owner, there is experience absentee vote. Per what you voted, what decision you taken in sore house?
- Indeed, there is such an experience. We, the owners of the apartments in the house number 3 on Sapozhnikov Street, voted to additionally collect money for roof repair. We list contributions to the overprotement to the Regional Fund.
 - What decision it was accepted?
- Most voted to repair at the expense of owners. The roof is already repaired. The management company has fulfilled the work, and then in the area calculated for each apartment, how many funds need to collect owners and amounted to an approximate payment schedule.
- We yet not have figured out from flood -notable form vote. Why her call samoa plain? Explain, you are welcome.
- The simplest it is considered because it combines and full-time, and absentee forms. The difference is that if, when discussing the issue, a sufficient number of owners were gathered - a quorum, then no need to recognize the meeting of the failed. Just the next day, the initiative group with questionnaires makes the quarter and asks the owners to vote. Also in 10 days there is a notification of the owners of the housing with a mandatory indication of the form of the meeting - in part-correspondence. If this is not specified, it will be reckoned that the documents are decorated with violations. On the first day there is a full-time discussion of the question, I will emphasize - only a discussion. Owners can come together, discuss, express their opinion, to make adjustments also on the agenda. Of course, if there is a quorum, then at the first stage you can make a decision on the same day in full-time voting method. If there is no quorum, then the next day the initiative group holds the consumer survey. With part-time form, you do not need to wait 10 days to carry out permanent voting - it can be spent the next day.
 - it highly important moment. W. us why- that erroneous consider, what can later bypass by apartments those owners, which by difficult reasons not could attend on the general collection. For flood -notable form on the collection discussed questions agenda day, but vote gone in second day way quarter bypass. Initiative group comes in eVERY apartment, to to each owner. Collecting package documents – protocol, everything polls sheets. Moreover question and vote should be on the one sheet. By the way to tell, owners put « per» or « vs» in registry. Olga Yuryevna, probably, follow more details tell about registry owners.
- The register of owners should be attached to the protocol of the General Assembly. It can be drawn up by the initiative group, even directly owned by housing. If there is no such possibility, you can contact the management company, which should provide this registry. It includes: the surname, name and patronymic of the owner of the apartment, occupied by the owner of the room at the basis of the guidelines, that is, certificates of registration of ownership. Based on these documents, some changes are made to the registry, it is adjusted.
 - If a who- that sold apartment, and replaced owner, that registry should update. If a house located under office UK, that registry leads she is, but if a in house created Tszh., that – chairman partnership. Poll sheet – this is, by sutie, tOT same registry, only from indicating concrete agenda day, to owner understand, per what is he votes.
- Yes. That's right.
- we today told about mechanism transition from one manager companies in other. W. me why- that remembered such fact of ours stories: on the Rus 26 november peasants could go from one feudal to other – so called Yuryev day. What time for transition from one manager companies to other You would be advised?
- I would advise you to spend this procedure until tariff approval, that is, in September-October. I also want to mention an important point. The contract of administration of an apartment building between the owner and the management company is usually concluded for a period of 1 to 5 years. If the owners decided to change the management company, and the contract was drawn up for a period of 5 years, then this can be done only after one year. It is a year that the management company is given to show itself - this is a trial period. And in the event that the owner is dissatisfied with the work of the management company, the general meeting is collected.
-  That there is, to terminate treaty before need to, to passed year. By expiration of this time managing company not can to tell: « Not give it your house, because what not expired time contracts».
- No. This is only the decision of the owners. They decided to leave - this is their right to be enshrined in the Housing Code.
-  Thank you per conversation.