How to transfer to another management company. Change of management company: how competently this should happen

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

House management

Despite the fact that housing and communal services reform in Russia officially started back in 2008, the degree of population satisfaction with the ongoing transformations is not in a hurry to go uphill. There are several reasons for this, but one of the key ones is the extremely weak involvement of homeowners in the process of managing an apartment building. This factor contributes to maintaining a low level of awareness of their rights.

So it turns out - we walk, spit on the unpleasant smell from the garbage chute or overflowing tanks in the container area, in the dark we feel for our own keyhole, even we can discuss these minor troubles with our neighbor, without embarrassing ourselves in expressions. But it doesn’t go beyond driving conversations.

Meanwhile, the situation can and should be changed. More precisely, not the situation, but not the managing company coping with the duties. Those who say that this involves the need to wade through monstrous bureaucratic thickets - mislead you. The only caveat is that you can change the management company no earlier than a year after the conclusion of the contract. The state gave her relief at 12 months, citing the need for immersion in the course of affairs and debugging their work. By the way, the agreement between the owners of the apartment building and the management company is concluded for a period of one to 5 years.

If you suddenly don’t have a contract in your hands, then you obviously never attended a meeting of homeowners at which decisions were made for you, and you later paid for these decisions. Somewhere nerves and time, somewhere money. So immediately claim the contract and carefully study its text. The document spells out the responsibilities of the management company. Failure to comply with them or in improper quality and in violation of the deadlines gives the owners the grounds for making claims or for refusing the services of the company:

• improper maintenance of common property,
• violation of the quality of public utilities,
• untimely execution of requests from the population for repair,
• hiding their activities and so on.

The last point should be given a little explanation. The Housing Code requires management companies to submit a report on the results of their activities to the general meeting of homeowners without fail in the first quarter. If these reports are not available, or their completeness does not meet the disclosure requirement, this may serve as a basis for replacing the managing organization.

Management Company Change Algorithm:

• Remember that any owner can be the initiator of a change in the management company. But in any case, the fate of the management company will have to be decided collectively at the general meeting. When planning a rejection of the services of an existing management company, decide who will replace it. Analyze the market of management companies, make the necessary inquiries, get answers to questions that will help to get a clear picture regarding the reliability of the management company: how many houses are in its management, whether the company has an emergency dispatch service, how quickly citizens' applications are considered. Do not be too lazy to chat with the owners living in the house under the management of the company. Ask your questions directly to the management of the management company. It is important to agree with the Criminal Code on the legal support of further steps regarding the transfer of the house under the authority of a new company.

• Information about the planned meeting is to be communicated to each owner. Miss at least one - the management company will have a reason to challenge the decision in court. Hand in a corresponding notice for signature to each owner of square meters or send them by registered mail with a notification. When informing the owners about the planned meeting, be sure to clearly indicate the date, time of the meeting, a list of issues for discussion, and the composition of the counting commission. Do not forget to post announcements no later than 10 days before the announced date of the meeting. Do not forget that often the municipality is among the owners, whose representatives must also be notified in advance of the meeting.

• Decide who will keep the minutes of the meeting. Before discussing agenda items, a secret ballot must be approved by a simple vote. The minutes should be drawn up in writing, signed by the chairman and secretary, as well as members of the counting board. The minutes must indicate the date and place of the general meeting of owners, the agenda, the quorum. Decisions of the general meeting of owners must be brought to the attention of all owners of the premises, including those who did not participate in the meeting, within ten days from the date of adoption of these decisions.

• The meeting will be declared valid if the owners, with more than 50% of the vote, take part in it. It is important to remember that the voice depends on the size of the living space owned by the citizen. If less than 50% of the votes are cast in support of the change of management company, then there is the possibility of an absentee ballot. The owners will have to be notified of this event again by address, indicating in the message the same issues that were on the agenda when preparing for the in-person meeting, invitation to vote, as well as the time and place of collection of voting sheets. Please note that each owner must participate in absentee voting. Do not forget that for each voting point there should be options for the answer “For”, “Against”, “Abstained”. If, as a result, the initiative gains more than 50% of the vote, then its opponents will be forced to submit to the majority, and the disgraced management company is obliged to hand over the new business within 30 days. In addition, the meeting should identify authorized persons - representatives of residents of an apartment building who will be able to sign acts of work on behalf of residents, receive necessary information from the management company, etc.

• Having familiarized yourself with the minutes of the meeting of all owners, be sure to send copies of the former and the new management company. Thus, you notify some of the termination of the contract, the second - of the intention to conclude a new one. After the conclusion of the contract, make sure that the management company provides the contract to each owner for signature in duplicate. The responsibilities of the new management company include the need to conclude agreements with resource-supplying organizations.

In some cases, the old management company may refuse to voluntarily leave the settled territory. Then all disputes are resolved in court. It is for this reason that you should be extremely attentive to the requirements of the Housing Code of the Russian Federation relating to the question of choosing a method of managing an apartment building and changing the management company. It is better to take a qualified lawyer at the first stage, who, by the way, can live in your house and provide services for free.

How often do we encounter poor service, inappropriate performance of work, and artificially high tariffs from the management company. It’s always dirty at the entrance, for several months now the elevator has not been working and garbage has not been taken out, the plaster is crumbling?

In this case, contacting the management company can help. But if after considering the application the situation has not changed, you can safely change the organization. Let's look at how to refuse the services of a management company.

When can I change the management company

You can change the organization after the expiration of the contract, which is 1-5 years. But many are wondering whether it is possible to refuse services before the end of this period. According to Russian law, a company can be replaced one year after the conclusion of the contract in case it does not fulfill obligations under the contract.

However, this will require a large amount of time, effort and patience. In addition, the company may refuse to transfer documents to another organization. In this case, it is important to correctly follow the rules for changing the company and gather evidence that the company is not coping with its responsibilities.

Recall that the responsibilities of the managing organization include the proper provision of utilities and the maintenance of common house property in an apartment building, namely:

• Ensuring the safety and proper condition of common property, which implies the safe condition of floors and ceilings, basements and roofs, the necessary lighting on the landing;
• Timely cleaning of the entrance and garbage collection;
• Landscaping and landscaping;
• Installation of common house meters;
• Preparing the house for the heating season. In addition, the owners of apartments in this house have the right to demand from the organization a certificate of readiness of the house for winter;
• Organization of maintenance and overhaul in porches, basements and in the attic, repair of the facade, foundation and roof of the building;
• Notification of tenants about the upcoming repair, disconnection of electricity, gas, cold or hot water in ten days.

Another important factor in the work of the managing organization is the transparent conduct of financial activities, the provision of information on work, expenses and tariffs for housing and communal services.

This information is posted on the website of the management company and is presented in the first quarter at a meeting of the owners of the premises. In addition, at the request of residents, employees of the institution must provide receipts, reports and other necessary documents.

Thus, the reason for the change in the management company may be the poor quality of public utilities and inappropriate maintenance of common house property, ignoring applications from tenants and untimely fulfillment of obligations, hiding information about activities and misuse of financial resources.

Management Organization Change Procedure

• The choice of a new management company. In this case, they analyze the market of management companies in your city and choose the suitable ones. Look at how many houses are under the control of a particular company, study the site and how information about the organization’s work is covered, how appeals of citizens and other aspects are quickly considered. Get feedback from the tenant of the houses served by these companies;
• Holding a meeting of the owners of the premises of the apartment building, which is controlled by this management organization;
• Notification of residents and owners of premises in the house of the meeting within ten days after this event;
• Notification of the old managing organization of the termination of the contractual relationship within five days after the meeting. In addition, the notification is sent to the state and municipal housing authorities;
• Signing a contract with a new management company. The contract is considered valid only if there are signatures of more than 50% of the owners of the premises in the house;
• The transition is considered to be completed when the house is included by the housing authorities in the license of the new managing organization.

How to organize a meeting of owners

The management company in an apartment building can only be changed collectively, although each owner can act as the initiator of the replacement. Therefore, if you want to change the organization, you need to organize a meeting of residents. Carefully prepare for the meeting, select the arguments and arguments about the non-compliance of the firm with the stated requirements and contractual obligations.

Information about the upcoming meeting is important to convey to each owner at least ten days before this event. Be sure to post an announcement of the upcoming meeting! Please note that among the owners may be residents, the municipality and private firms. It is important to warn everyone, otherwise the management company will be able to challenge the decision of this meeting.

Before the meeting, a chairman and a secretary are selected, who will keep a protocol. The minutes are drawn up in writing, indicating the place and date of the meeting, the main subject of the meeting and the voting results.

At the end, the document is signed by the secretary, chairman and members of the counting board. The decision and results of the meeting are communicated to each owner who has not participated in the meeting within ten days.

The meeting was held if the owners, who own more than 50% of the vote, participated in it. The voice depends on the size of the living space that belongs to the citizen. The transition will take place if the initiative gains more than half the votes.

If the company does not want to transfer the house

If the management company refused to voluntarily transfer the authority to control the apartment building to a new company, you can file a lawsuit in court. But in this case, it is important to correctly meet the conditions for the meeting and good reasons are needed to change the company.

In the case of gross violations by the management company, including a prolonged lack of gas and water, in winter there is poor heating, and so on, you can file a lawsuit in court. In this case, it is important to draw up a complaint indicating and evidence of violations.

These are photographs, video and audio materials that reflect problems. The importance of acts of independent experts. These are measurements of room temperature, investigation of a faulty pipeline, etc.

Before filing a lawsuit, be sure to file a complaint about violations directly with the home service company. If the applications are left without consideration, response or corrective actions, complaints about the inaction of the management company to the State Housing Inspectorate, Rospotrebnadzor and / or the Prosecutor's Office are possible.

As practice shows, the court can refuse a lawsuit if no claims were made in the pre-trial period and appeals were sent directly to the defendant.

Despite the fact that changes are currently being actively introduced into the legislation of Russia on the control of the activities of management companies, the number of complaints from tenants of apartment buildings is not decreasing. These management companies were created specifically for the maintenance and repair of residential buildings. This is their direct duty, which, unfortunately, is not always carried out accordingly. Residents have the right to change an unscrupulous company.

The legislation establishes a specific procedure for changing the management company. Therefore, residents will have to act in the prescribed manner:

1. Determine if there really are good reasons for changing the company.
2. Homeowners should create an initiative group that will take responsibility to deal with this issue on behalf of all residents.
3. The initiative group must request from the management company all the necessary agreements with utilities and other services that provide services and work to this house.
4. Prepare an information leaflet on the convening of a general meeting of all residents in order to resolve the issue of changing the Criminal Code.
5. Hold a general meeting of homeowners.
6. During the meeting, you also need to choose a new Criminal Code.
7. Correctly draw up the minutes of the meeting, draw it up in several copies.
8. Transfer the drawn up protocols and signed by all meeting participants to the old and newly selected company.
9. Re-enter into an agreement with a newly selected company.

In general, the procedure should be as follows. But in reality it is not so simple to implement. Because not every company will voluntarily give up on it. In this case, you have to decide the matter through the court. Therefore, it is important to comply with all mandatory points and the sequence of actions. All documents must be properly executed.

Reasons to Change

Initially, there must be good reasons for changing the management company, which are determined by the legislation of the country. First of all, all the obligations of the company are specified in the contract. Accordingly, if it does not fulfill its obligations under the contract, this fact will be a good reason for terminating the contract.

Also included here are those cases where the company performs its obligations in violation of the established deadlines or the work is performed of inadequate quality.

The general conditions for termination of the contract under the law are:

• expiration of the contract with the UK;
• in case of non-performance of work and non-provision of services that must be performed on the basis of a signed contract;
• concealment of their activities from the residents of the house;
• violation of the deadlines for the implementation of compulsory work;
• the provision of services is not in full;
• the provision of services and work of inadequate quality.

If at least one clause of the contract is not fulfilled, apartment owners have the right to decide on the unilateral termination of the contract.

It is important to know that the maximum term of a signed contract can be no more than 5 years. Accordingly, the chance to change the criminal code arises every 5 years. However, it is practically impossible to terminate the signed agreement before 1 year from the date of its signing. This is due to the fact that this period is given to the company to get into the course of all things, analyze the current situation and outline the primary needs of the house.

Also, for this a certain budget should be drawn up, due to which all work will be paid. If, for 1 year, the company was not enough to understand everything and begin to fully perform its duties, then the tenants are entitled to change it.

Training

Among the residents of the house there are always the most active citizens who show a desire to change and improve something. It is such initiators that need to be chosen in the council of the house. It is important that only tenants of this apartment building are the initiators, otherwise the management company may refuse to conduct negotiations for such a person.

The initiative group should check the activities of the company regarding their home. To do this, you need to request the following papers in the Criminal Code:

1. The contract itself with the Criminal Code.
2. Signed acts of work and services for the last year.
3. Inspection acts of engineering networks of the whole house for the last 2-3 years.

It is important to compare the availability of all documents at the end of the reporting year for the work performed. If there are no specific documents, the Criminal Code is obliged to restore them in the near future from the service provider who performed the work.

If the documentation has reason to doubt the legality of its actions, and obvious violations of the law or the signed contract have been identified, then you need to make copies of these documents and proceed with the change of the Criminal Code.

Collection

The meeting of residents is a very responsible matter. Be sure to place information leaflets in the most prominent places of each entrance to the announcement of the time date, place, as well as the meeting agenda. This must be done 10 days before the meeting. You can also give personally to all tenants under the signature of the notice. There must be documented evidence that all tenants were duly notified of the meeting.

During the meeting, the initiated group should announce the agenda of the meeting, tell the residents where and how their rights are violated, and propose a change of the Criminal Code. In this case, it is best to put forward this paragraph 2 questions:

1. Refusal from the existing company.
2. Choosing a new company.

Then, by voting, each of the issues put on the agenda of the meeting is resolved. To make a decision, more than half of the residents of the house must vote. And to make a specific decision, more than half of the residents participating in the meeting must vote.

When choosing a new management company, the initiative group itself has the right to choose the list of works and services necessary for this house. But it must comply with housing legislation, which lists the required work.

After making decisions, the meeting ends with the execution of the protocol. It must be drawn up in accordance with all established standards and signed by all participants in the meeting.

UK information

After making a decision and drawing up a protocol, this document must be sent to the current management company and the newly selected company. From the moment of informing the Criminal Code and until the termination of the contract, 30 days must pass. This time is necessary for the company to transfer all the technical information and documents of the new UK.

If the previous company refuses to transfer documents, the new Criminal Code has the right to sue it.

It is also possible that the current Criminal Code will offer to renew the contract and continue to work taking into account the wishes of the residents. In this case, they can agree and try to give her a second chance.

In any case, residents need to conclude a new agreement with the new or previous Criminal Code as part of the final decision. This contract should include only the list of works and services that are mandatory and necessary. If desired, residents can add additional services and work that they need.

The drawn up contract is signed by all residents of the house and on the basis of this contract the Criminal Code begins to fulfill its duties. At the same time, it is necessary to send a notice to the bank about the change of the authorized capital. In the payment documents, residents should receive the details of the new UK. Before paying for the receipt, this must be checked, as there are often situations when the details of the company have not been changed and the funds came to the wrong account.

If the residents of an apartment building are dissatisfied with how they care for their house, how the obligatory services are provided and the work is carried out, do not endure it. You need to know that everyone has the opportunity to choose their management company, as well as create their own HOA or TSN. This is the right of residents of each house, and only they decide how they will organize the care of their home.

SpbHomes.ru figured out the issue.

Procedure and documents

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

There are several ways to manage an apartment building:

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

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

In this material we are only interested in the 3rd point - the management company. Can I change the management company at home? Of course.

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

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

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

The case related to the developer of the CDS became widely known: after the commissioning of the residential complex New Murino, an agreement was made with the management company ZHES-4, which formally has no relation to the developer, but the founder of the management company and co-owner of the CDS face.

Residents complained about a high payment for housing and communal services, about poor quality when performing repair work. After the accident with one of the owners of the accident in the elevator, a scandal erupted, but the Criminal Code still managed to change.

What should the owners do in this case?

Free legal advice:

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

How to change the management company in an apartment building?

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

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

The procedure is not much different from the above:

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

Recently, the practice of managing houses affiliated (subsidiaries, affiliates) of the Criminal Code from the developer is widespread. This is due to the fact that it is often easier for a construction company to maintain communications and the general technical condition of the building than for a third-party organization: the developer is aware of each specific feature of an object. In addition, this is an additional income, and a further opportunity to correct imperfections or mistakes during construction. Another reason for managing through the UK from the developer is the restriction on independent choice of the UK or the creation of an HOA, until more than 50% of the apartments in the house have been sold.

YIT company carries out further full management of its facilities through the UK "YIT Service". Such, for example, LCD "Novoorlovsky" in the Primorsky district and LCD Fjord in the Vasileostrovsky district.

Free legal advice:

LenSpetsSMU (Service-Real Estate CJSC), Leader Group (UK Leader) and DOCKLANDS development (UK Docklands) also have their own management companies. The conclusion of the contract is almost “by default”, therefore, various delays associated with bringing the house into compliance with the rules before transferring to a third-party management company are excluded.

Developers also have partnerships with a number of management companies. For example, “L1” has a permanent partner of the “Continent” Asset Management Company, which has no legal relationship with the real estate developer. In the “CDS”, according to SpbHomes.ru, representatives of the developer have moved away from this practice, therefore, they hold a competition for each object among the management companies of the development area. A similar practice exists with the developer GlavStroyKompleks.

Perhaps the tenants of new buildings will be able to appreciate the work of the Criminal Code only after a couple of years after the house completely shrinks.

How to change the management company or HOA in the house, the choice of a new UK

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

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Is it possible to change the management company to another

Owners have the right to choose a method of government: for example, they can organize a partnership of homeowners, or give the board to the management organization.

Since 2015, the rules for conducting business for management companies have been tightened: they are required to undergo licensing. However, their work does not always bring satisfaction to the owners of apartments, especially since they pay decent money for house maintenance. That is why the question of how to change the management company in an apartment building is so acute.

Is it possible to change the UK to HOA and vice versa

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

The most common reasons why owners decide to change the management company to an HOA are the improper performance of services, as well as excessive tariffs. Inflated tariffs - this is the reason that can be explained. Asset management companies are commercial organizations, which means they cannot work without making a profit. Proving the improper provision of services is difficult enough, however, everything is feasible if the owners are familiar with the norms that the Criminal Code must adhere to.

Some management organizations do not fulfill all their obligations specified in the contract with the owners, and then the question also arises for the owners of the premises, whether it is possible to change the management company, and if so, it is better to exchange it for another similar one or create a partnership of homeowners. Creating a partnership after working with the management company is possible, and even sometimes just necessary.

Free legal advice:

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

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

HOA change

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

To change the chairman of the HOA according to all the rules, it is necessary to send each owner a notice of the meeting by registered mail. You can simply notify everyone in the house about the upcoming meeting. For its legitimacy, at least 50% of HOA members and at least 50% of homeowners should be present at the meeting.

During the meeting, an election process should be held in the form of open or closed voting, according to the results of which a new chairman will be elected. A mandatory element of any HOA meeting is a protocol. After the appointment of a new chairman, it is necessary to send notifications to the Federal Tax Service and other authorities on the change of chairman. INFS should also make an adjustment to the register of companies with regards to its leader.

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Also, at a meeting, a decision may be made to transfer home maintenance to a management company.

It may also be useful for you to familiarize yourself with this diagram:

The legislative framework

The change of the management company in an apartment building is a question that every second homeowner asked. However, it can be much more difficult to change the Criminal Code, and therefore, homeowners must understand the legal framework for this action. The main regulatory act acting as a regulator of the activities of management companies is the Housing Code of the Russian Federation. By the current housing code you can find out the responsibilities of the Criminal Code, as well as the reasons why owners can change the Criminal Code.

Grounds

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

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

Even one reason will be more than enough so that the owners can move to another management company or completely change the type of board.

Free legal advice:

The procedure for changing the UK in an apartment building

The procedure for changing one UK to another involves passing through several stages. Consider them:

1. The decision by the owners of the apartments that it is time to change the management company.
2. Choosing a new management company.
3. Transmission of the minutes of the meeting of the old and new CC.

In addition to these steps, intermediate steps are also meant, namely, holding meetings of apartment owners of a residential building. Several interim meetings can be held, as well as one main one during which a decision will be made to refuse the services of the previous company, and as a result of which a decision will be made on the choice of a new organization.

Notification

In order for the main meeting to be considered legal, a notification on the change of the management company must be sent to each owner of the house by registered letter no earlier than 10 days before the expected date of the meeting.

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

Document Transfer Procedure

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

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

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

Check the documents from the representative of the new UK or HOA, the old UK must within 2 days from the date of their acceptance. If the old CC finds errors in them, then it is obliged to notify the sender about them.

If everything is in order with the documents, the old CC begins the process of transferring documents to the new CC or HOA. Documents must be submitted to the new Criminal Code or Homeowners Association within a month before the new board has the obligation to manage the apartment building.

Not everyone understood yet? Watch the video, it also tells everything as it should:

Free legal advice:

The order of the change of HOA in the UK

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

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

As you can see, moving from a HOA to a management company is not difficult.

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

Choosing a new management company

The choice of a new management company consists of several stages. Consider each of them:

1. Preparatory measures. So, it is necessary even before the meeting to know approximately which management organization should be chosen, which one you want to change the existing one. Preparatory activities also include sending out notifications of the upcoming meeting and its agenda.
2. Holding a meeting. For a meeting to be considered legal, at least 50% of the total number of owners must be present. The output is considered a protocol. The decision is made simply by a majority vote.
3. After the meeting, it is necessary to make copies of the protocol and send it to both the old and the new CC.
4. Conclusion of an agreement with the new UK.
5. Transfer of documents from the old CC to the new.
6. Conclusion of a new UK of agreements with resource-supplying enterprises.

Free legal advice:

Explanations

How to change the management company? Walkthrough with sample documents

Does the management company work poorly? Or did you start to suspect that your money was going “wrong way"? Or did your UK just decide to go bankrupt?

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

Step 1. Choose an alternative management company.

Look at all sorts of ratings of management companies (here is our old rating, but here is the rating of the administration of the city of Krasnoyarsk, or here is the rating of the Reform of Housing and Public Utilities website). Take a look, see the yards. Chat with the residents of the houses that serve the UK candidates.

If you live in the city of Krasnoyarsk, then it would not be out of place to see a list of violations found in the homes of the candidate capital by the Construction Supervision and Housing Control Service.

Free legal advice:

Be sure to discuss the issue of changing the UK with neighbors. Go to the management of your chosen management company and discuss all your questions. And you need to go as large as possible a group of skeptical citizens.

Step 2. Choose a way to change the management company.

The Housing Code does not give us the right to just take and change the management company. There are a number of limitations, and knowing them you can make a choice in which way you will change the management company.

The main ways to change the Criminal Code:

Free legal advice:

However, there is some remark: in the Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation of 11.22.2011. No. 7677/11, this clause of the Housing Code is interpreted in such a way that owners can change the CC if they made a decision at the meeting, even if there were no significant violations of the management contract by the CC.

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

Step 3. We hold a meeting of owners to change the management company in full-time and part-time form.

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

Free legal advice:

1) Prepare the agenda of the meeting.

The meeting agenda must include questions about:

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

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

c) the choice of management method and approval of the new management organization,

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d) approval of the terms of the management contract between the owners and the new management organization, as well as approval of the amount of the fee for the maintenance and repair of common property,

e) the timing of the transfer of technical documentation (not later than 30 days before the termination of the management agreement with the old management company, the recommended period of the day from the moment of the meeting) and the accumulated funds from the old management organization to the new one (after termination of the management agreement),

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

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

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

Free legal advice:

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

If you do not remember to make such a decision, look in the current management agreement and minutes of previous meetings of owners. Many agreements have this clause.

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

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

In addition, since April 2016, the full register of owners of premises in the Moscow Ring Road (clause 19 of the link) becomes a mandatory annex to the minutes of the meeting.

Free legal advice:

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

4) We carry out the correspondence part of the meeting in full-time and part-time form. We go around the owners who were not present at the meeting in person.

The form for owner decisions is still the same.

5) We draw up the minutes of the meeting.

Free legal advice:

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

6) Notify the owners of the results of the meeting.

Notification of the results of the general meeting of owners is posted no later than ten days after the completion of the meeting in a place determined by the decision of the general meeting of owners of premises in the building and accessible to all owners of the premises.

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

Step 4. Notify the old management organization that we have changed it.

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

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

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

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Step 6. From what moment to pay to the new UK?

In the new managing organization you start paying only from the moment when the State Housing Supervision Authorities include your house in the license of the new managing organization. This information is easy to verify, since the organs of the Housing Duty Department are obliged to post them on their website on the Internet.

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

Dmitry Ivanov for nkzhkh.rf

Samples of documents prepared by: lawyer of MOD “People’s Control in the Housing and Public Utilities” Serafima Vinogradova.

Also read:

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Subject: Homeowners Association: change of management company

I am a member of the HOA board.

An agreement was signed between our HOA and the Criminal Code for another 5 years on the provision of management services, the provision of public utilities, the maintenance and operation of residential multi-apartment buildings.

At the moment, there is a situation when this management organization does not suit us for a number of reasons and we are considering the conclusion of a management agreement with another management company

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

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

Reason: Clause 8.2, Article 162 Housing Code of the Russian Federation

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

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

Does the management company work poorly?

Does the management company work poorly? Or did you start to suspect that your money was going “wrong way"? The management company must be changed! How to change the UK?

HOA has the right to conclude a management agreement with MKD MK. This right is secured by paragraph 1 of paragraph 1 of Art. 137, part 2.2 of the art. 161 LCD of the Russian Federation. The conclusion of an MCD management contract with a management company is not a change in the way MCD is managed.

In the presence of a management contract between the UK and the HOA, LCD, SEC, the latter control the work of the UK. Monitoring is carried out over the fulfillment of the CC obligations under the contract, including: 1) the provision of all services and / or the implementation of works ensuring the proper maintenance of common property in the MKD; 2) the provision of utilities, depending on the level of improvement of the MKD.

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

• who in HOA chooses the Criminal Code to conclude a management contract;
• on what grounds is the change of the Criminal Code;
• how to make a decision in the HOA to change the Criminal Code;
• how to change the Criminal Code, which has lost its license to manage MKD,
• look at all sorts of ratings of management companies in your area,
• be sure to discuss the issue of changing the criminal code with neighbors,
• take a trip to the management of your chosen management company and discuss all your questions,
• take a trip, look at the yards, chat with residents of the houses that serve the UK candidates.
• it would not be superfluous to see a list of violations found in the homes of the candidate capital by the housing inspectorate.

The Housing Code of the Russian Federation does not give us the right to just take and change the management company. There are a number of limitations, and knowing them you can make a choice in which way you will change the management company. The main ways to change the Criminal Code:

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

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

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

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

5) Change in the method of managing an apartment building. For example, at a general meeting of owners, you decide to create an HOA or TSN, but later the partnership does not manage an apartment building on its own, but instead hires a management company in accordance with paragraph 1 of Part 1 of Article 137 of the Housing Code of the Russian Federation.

Note. The Criminal Code may not recognize or challenge the results of a general meeting of owners of premises in the MKD or a general meeting of members of a housing association held by a local government body. The RF LC does not contain an indication that the MKD management contract concluded between the HOA and the Criminal Code may be terminated unilaterally.

Step 3 We are having a meeting. The procedure for changing the UK and termination of the management contract must be reflected:

The competence of the HOA management bodies and the procedure for making decisions are established by the charter of the HOA. This is defined by Part 3 of Art. 146 LCD RF. The charter of the HOA (LCD, SEC) may indicate that the HOA (LCD, SEC) has the right to decide on the choice of a new Criminal Code. The decision can be made:

• general meeting of members of the HOA, LCD, SEC (by a simple majority vote or by a qualified majority);
• board of HOA, LCD, SEC (by a simple majority vote or by a qualified majority);
• chairman of the Homeowners Association, Housing Companies, SEC (individually or by agreement with the board of the Homeowners Association, Housing Companies, SEC).

Step 4 We inform the old management company that we have changed it.

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

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

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

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

Some features.

1. If the Criminal Code does not fulfill the terms of the MCD management agreement, the housing association may apply to the local government (MHI) to conduct an audit of the activities of the MA. This is defined by Part 1.1 of Art. 165 LCD RF. The compulsory medical insurance company convenes a general meeting of owners of premises in the MKD if, according to the results of the audit, the failure to comply with the MA of the conditions of the management contract is confirmed. The general meeting is convened to resolve the issues of termination of the contract with the MA and the choice

a new MA or a change in the way MKD is managed. The fact that the management agreement is concluded between the HOA and the MA complicates the process of termination. The MHI may propose, based on the results of the audit, to hold a general meeting of HOA members or a general meeting of owners of premises in the Moscow Ring Road (this is not directly provided for by the RF LC). The termination of the management contract should occur not only according to the results of the audit, but also in accordance with the charter of the HOA, LCD, SEC and the terms of the contract

mKD management. The results of an unscheduled audit conducted by the local government can serve as evidence of the failure of the MA to fulfill its obligations in court.

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

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

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

responsibilities. This may be the date: termination of the license for the management of MKD or its cancellation; occurrence of obligations under the contract of management of MKD with the new UK. The case when the HOA (LCD, SPK) takes control into its own hands or enters into an agreement on the maintenance and repair of common property in the Moscow Ring Road is not considered in the LCD of the Russian Federation. The housing association decides how to continue managing the MKD, in accordance with the provisions of its charter.

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1 Comment

1. Maria S. 3 months ago

Thank you for the article.

Great blog that I enjoyed reading.

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Transition according to the law: how to transfer from an HOA to a management company? How to choose and organize partnership replacement tips

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

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

How to choose an HOA?

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

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

The group should invite those people who are willing to take on the performance of public duties.

The meeting needs to resolve issues related to the election of officials.

Transition from HOA to HOA

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

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

Shift procedure

Even if you choose an association, you still have to create an association of owners in your home.

The procedure consists of the following steps:

1. partnership formation.
2. Conducting a general meeting, which should be attended by homeowners from two houses. Residents of another house have the right to refuse reorganization and mergers.
3. Clearance merger. This can be done through the merger of two legal entities, or fixed joining one HOA to another.
4. Creation of a new Charter, budget documentation and work plan.

The reorganization decision adopted at the meeting, as well as the deed of transfer must be included in the package of securities.

In some cases, the merger agreement must be transferred to the Federal Tax Service. It is also necessary to attach a receipt, making payment for the state duty.

In the event that reorganization is not foreseen, and the quality of services provided by the partnership does not satisfy the residents of the house, you can change the chairman.

Dates and Fees

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

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

It is she who is engaged in the registration of all legal entities, regardless of what area of \u200b\u200bthe city they are located in.

The procedure takes 7 days.

Conclusion

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

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

(St. Petersburg)

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• Potap Denisov - What are the obligations of the HOA to the residents and what if these obligations are not fulfilled? All about what such partnerships are responsible for 1
• Svetlana Danilova - We re-elect the house manager: the procedure for changing the chairman of the HOA and the nuances of procedure 1
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