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Who is involved in management companies. Housing and Utilities Management Company - Functions and Tasks


      When the management company takes on the obligations of managing an apartment building, this means that it must provide the most favorable. Safe and comfortable living conditions in this house for all residents without exception. The management company ensures the correct maintenance of all property goods, which belongs to the common rights of all tenants and the HOA itself. Everything sounds good only on paper, and when it comes to practice and proper performance by the company of its obligations prescribed by the contract, it turns out that the enthusiasm of the performers disappears somewhere, it simply disappears. To prevent this from happening in your partnership, it is necessary to indicate in the concluded contract for servicing the apartment building a clause that will clearly prescribe how the activity of the HOA and by whom it will be monitored and verified. It should also clearly state what punishment, or what sanctions will be taken in relation to the board, if it does not fulfill its obligations or will fulfill in a manner that is not in accordance with the contract.
      For starters, let’s take a look at what exactly is “control over the activities of the management company” and how it is carried out. Control can include activities that contribute to the proper execution and provision of services to residents, as well as verification activities, monitoring and checking for compliance with the state and performance of utilities. Activities to control management organizations may be carried out by various individuals or companies. For example, the owners of the premises themselves can control their HOA. For these purposes, you can attract an audit company, engineering specialists and other specialists. In some cases, according to the current legislation, self-government bodies and state authorized persons can be supervising structures.
    If any violations in the activities of the HOA are detected, the controlling organization must reflect them in the relevant documents. For their part, the owners of the premises should not silently observe what is happening in their house and indifferently agree with all the events that are being held. Each owner of the premises has the full right to make demands, express wishes and his own opinion about an event in the house. All expressed wishes are necessarily recorded, as well as complaints from residents and statements. After the complaint or application has been accepted, it should not only be executed, but the entire process for its implementation should be monitored, and the proper one. Control should also be subject to the services that are provided by utilities, with which the HOA concludes contracts.
      For each owner, any information that may relate to the activities of HOAs should be accessible and open, partnerships of owners are created on a voluntary basis, everything is done in order to make the tenants themselves feel good, therefore they must understand and see, constantly making sure that the HOA operates precisely in interests of residents. The contract should immediately indicate the services that the HOA will provide. Changing a contract is practically impossible, therefore, it is immediately necessary to think through all the points. which should be in the contract. Otherwise, it is then quite difficult to require from any of the organizations involved in the management of the apartment building to fulfill what the contract does not provide.
      Monitoring the activities of utilities and management organizations is necessarily regulated by state law. This is the most important Law on the Protection of Consumer Rights, on the basis of which the punishment for non-fulfillment of a service and its proper quality are determined.
      The owner in this case is the most ordinary consumer of utilities and other services related to the management of the house. Therefore, he can independently control the quality of work and make claims if the quality does not, in the opinion of the owner, correspond to the proper level.
      Monitoring is an important and necessary measure. No matter how respectable the company managing the house looks, the well-being of all the residents in the house depends on its activities, so you should not be lazy and carefully think through every clause of the contract when it is drafted and signed. From the vigilance of the residents themselves and the competent authorities, the comfort and safety of the whole house depends.

    There are two misfortunes in our country: fools and roads. This stereotype is known far beyond the borders of Russia. If we are talking about the main non-stereotypical problems in the Russian Federation, then these will be: low salaries and unsatisfactory quality of housing. If everything is clear with the roads - this is an insoluble question, then with the provision of decent living conditions for people and the maintenance of houses - it is quite feasible. It is only important to understand who controls the housing and utilities management companies. The problems associated with the unprofessional management of organizations designed to ensure order and stability in the work of infrastructures stem from a number of significant shortcomings.

    Important! These shortcomings entail a number of serious consequences that are not corrected from year to year and become only more dangerous. For activities, maintenance of residential buildings, the managing organization receives funds from the population. With this money, she must keep the facades of houses, the adjoining territory, public premises in good condition, organize garbage collection and provide communal services.


      In practice, it looks different: only part of the funds received is allocated for the maintenance of houses and the repair of communications. HOA just start to steal the money of the population. Naturally, nobody likes it. People give earned money to strangers, they still do not receive the proper level of service for this. Now the activity is carried out in such a way that the partnerships conducted at the facilities are not transparent to consumers: there is no work schedule, no budget. In order to prevent HOAs from profiting at the expense of subscribers, in Russia there are regulatory bodies conducting supervision of the criminal code and control of housing and communal services.

    Supervisory authorities

    If you study what rights the owners of apartments have and know who exercises control over the managing organizations, then you can check the work of your UK. Today there are three positions from which control is exercised: federal, local and regional. Each level has its own control.

    Federal level

    Supervision at the state level is not the main level of control over HOAs. The main federal governing bodies prescribe only general principles of housing management and create additional methods.

    Who controls the activities of management companies at the state level:

    • The Ministry of Construction - sets the procedure for agreeing on the basic norms of utilities, the procedure for obtaining the corresponding services by consumers and sets the quality parameters. It explains the "Rules for the provision of services for the supply of communal resources" of the Decree of the Government of the Russian Federation and gives recommendations in its implementation in practice. The Ministry of Construction sets economic standards for the control of energy carriers of heat and water.
    • The Ministry of Energy - sets the national standard for providing residential and non-residential buildings with energy, including gas, water, electricity and heat, according to the public schedule;
    • FAS - sets the basis for the formation of prices for energy consumption by the population, defines the upper and lower boundaries of tariff levels, helps to control the receipt of payments by consumers on the accounts of utilities.

    Regional level

    Direct monitoring of the implementation of the approved standards and additional instructions received from the national federal departments is carried out by municipal or regional authorities.


      At the regional level, companies engaged in the maintenance and maintenance of residential buildings are subject to the following services:

    • Housing inspection  - carries out checks that control the implementation by the Management companies and residents of the requirements of regional and state legislation:
    • functionality of residential premises;
    • redevelopment control in apartments;
    • operation and maintenance of public property in an apartment building;
    • the amount of payment for the maintenance of apartments;
    • change of status of premises and their appointments;
    • providing the house with energy supplies, setting the amount of payment for their consumption and methods of payment;
    • organization of funds for repairs.

    Companies holding a license to manage real estate are not directly subordinate to local authorities - the housing inspectorate does not exercise specific control. But she controls the issuance of licenses to these companies and checks their activities to determine whether they meet the requirements.


    The result of the audit is fixed by the protocol and sent with an order to the management company with a deadline for fixing the violations.

    Homeowner Control

    Do not forget that the homeowners themselves are powerful. Funds are coming from them to the budget. Therefore, their satisfaction should first of all be of interest to the management company. Residents of an apartment building have relations with the Criminal Code in accordance with a bilateral agreement, which sets forth the rights and obligations of both parties, which means that homeowners are entitled to demand that the second party conscientiously fulfill the terms of the agreement. How to check the housing and utilities management company yourself? If there are violations, they have the right to demand an unscheduled inspection. For this, it is necessary to send an application to the GLC with the relevant requirements. It is worth noting that applications submitted collectively are considered and executed faster. In their appeal, residents indicate contact information and may request a list of agreed rates from the management company. The application must be written in duplicate.


      Information received from representatives of Ex. The company is analyzed and compared with the actual quality of the services we provide. For a more professional analysis, you can resort to the help of specialists. They will help to solve your problem. After that, the QC is checked for compliance with the specified data and the work actually performed. Inspectors may ask for the provision of cost accounting bookkeeping UK. Reports on financial documents are entitled to be required not only for the current financial year, but also for the previous few years from the archives of the organization.

    If excessive tariffs are found or budgets for work are inflated, residents of the house can contact the prosecutor's office. They receive sufficient grounds to file a lawsuit and bring the matter to court. You can get a free consultation by contacting the consumer assistance center. They will help to draw up a collective complaint against the culprit and bring it to the controlling organization from above. It does not matter which course of action will be chosen: the Criminal Code will be checked, violations will be eliminated, and residents will be compensated for their losses and unlawful withdrawals will stop.

    Auditing

    An audit takes place in several ways. To make the work scheme of the Criminal Code more open, you can resort to an audit in the housing sector. They will be checked:

    • the actual costs incurred by the organization to the invoices issued on them:
    • compliance of the drawn up financial documents with the established rules of document circulation and assessment of the veracity of the information provided in them;
    • viewing the grounds for spending the budget (confirmation of the effectiveness and rationality of the chosen way of doing business).

    Important! Summing up, the auditor performing the audit can, as an example, provide his own professional recommendations on the optimization and establishment of technological, financial and economic processes within the company. Advice on working with tax authorities may also be presented.

    The audit is conducted in accordance with established regulations. It allows you to determine where each ruble spent by residents' funds is spent, and what percentage of expenses really was spent efficiently, and which goes “by the cash register” or is spent thoughtlessly.


      Verification necessarily takes into account the following documents:

    • reports on spending money on public utilities at home;
    • estimates, with provided data on the costs of the necessary work on the maintenance and operation of an apartment building;
    • reports on expenses incurred in hiring for the performance of work by third-party contracting companies.

    How to make and file a complaint?

    If the management company does not fully fulfill its obligations, violates the terms of the contract and does not provide relevant reports on the work done, then the residents of the house have every right to file a complaint with higher authorities. This is done quickly and for free if you know the algorithm and your rights.

    Sufficient grounds for applying:

    • common areas need maintenance, but it has not been performed for a long time, for example, damaged railings, broken light bulbs .;
    • elevators and refuse chutes are not properly maintained;
    • the heating in the rooms is weak.

    The type of complaint is chosen at will: write manually or type on a computer and print - the regulatory body must accept it in any form. The application must indicate the state authority to which the appeal will be sent. In addition to your own contact information, do not forget to indicate in it a return address to which you can send a response. List all the violations noticed, indicate the exact address of the house, if necessary, and the specific location of the breakdown: entrance and floor. For completeness, use links to the Housing Code, indicating that these violations should not be. Do not forget to clearly indicate what result you want to achieve as a result of the verification and decision. If the application is submitted collectively: include in it the contact details of each applicant.

    Compile the complaint in two copies and transfer both to a person at the center receiving the complaints from the population. They must assign the number of the incoming call and put the date of acceptance and return one copy to the complainant. The date set is set by the filing date of the application and from that moment on, a thirty-day countdown begins to provide a sure answer to the applicant.

    Conclusion

    CC are subordinated and controlled by central authorities, as well as by the owners of the premises themselves. Federal authorities only regulate their activities. They do not directly monitor. Who controls the work of management companies? The management company can be controlled by a supervisor: Rospotrebnadzor, the prosecutor's office and the housing inspectorate.

    Apartment buildings conclude agreements with the UK or housing and communal services. By agreement, residents are required to pay a fee for the services provided, and the management company or housing and communal services - to perform certain actions to maintain the house and the adjacent territory. Evasion or unfair performance of the assigned duties are the basis for appeal to the controlling authorities with a complaint.

    What are the responsibilities of the Criminal Code and Housing and Utilities?

    Obligations are actions provided by the contract and subject to execution both by the Criminal Code (Housing and Utilities) and by the residents. The responsibilities of the management organization are divided into maintenance, operational and organizational.

    Repair and maintenance include the following types of work:

    • Maintaining the appearance of the house and its supporting structures;
    • Inspection before and after the heating season. In the presence of unsatisfactory condition of pipes or other equipment - carrying out repair work;
    • Maintenance of communication systems in good condition;
    • Fire fighting measures;
    • Cleaning work both inside the house and in the adjacent area;
    • Ensuring garbage removal from the serviced house, including from legal entities;
    • Control of common house appliances of electricity, water and heat;
    • Implementation of energy-saving programs with the consent of the region.

    Organizational responsibilities include:

    • Accumulation of incoming funds about residents for paying utility bills and transferring them to organizations supplying water, electricity, heat, etc .;
    • Carrying out measures to combat the debts of residents;
    • Searching for utility providers, concluding contracts, monitoring the quality of the services provided;
    • Storage of technical and other documentation;
    • Reconciliation of counters in case of suspected theft of provided resources;
    • Conducting meetings. They should be carried out at least 1 time per year. UK or Housing Office provide a report on the work done, expenses, approve the tariff for the next year. If the size of the utility bill is not approved, then it is considered equal to the municipal. In this case, the Criminal Code is not exempted from duties in case of a shortage of funds;
    • Informing residents about tariff changes;
    • Assistance in obtaining temporary and permanent registration (registration of registration and issuance is carried out by the FMS).

    What can I complain about?

    Common causes of complaints include:

    • non-fulfillment or improper fulfillment of obligations to provide resources (blackout, lack of heating, hot or cold water);
    • failure to carry out activities related to the preparation of the house for the heating season;
    • failure to provide an interim and final report or improper execution;
    • failure to hold a general meeting or its holding with procedural violations;
    • other violations of the terms of the contract between homeowners and the Criminal Code.

    Who controls the work of the management company?

    Controlling functions are performed by state bodies in different directions. Supervision of the implementation of legal requirements is carried out by the Prosecutor's Office. In case of non-compliance with the requirements of the law, homeowners are entitled to write a complaint. The prosecutor's office, in turn, in the presence of a violation is required to issue an order to eliminate it.

    The supervisory functions for the state of housing and the provision of services are also entrusted to the State Housing Inspection and Rospotrebnadzor. They oversee both the local and regional levels. Control over the activities of the Criminal Code is carried out by local authorities.

    Where to complain about the management company?

    Levers of influence on an unscrupulous management company have certain bodies. If a claim arises, the homeowner has the right to apply to the following structures.

    Managing Director

    First of all, you should go to the governing body of the housing and communal services or the Criminal Code. This procedure is important for two reasons:

    • peacefully resolving a conflict situation without involving third parties;
    • compliance with pre-trial dispute resolution.

    The complaint is submitted to the director of the Criminal Code.

    Ways of submission:

    • Personally appearing in reception hours. In such a situation, formal confirmation of the fact of transfer of the complaint is required. Therefore, you should make 2 copies of the appeal: one to hand over, and on the other to ask to put the date of adoption. The application has 10 days to review. After this time, the head of the organization is obliged to give an answer. If the decision is unsatisfactory or the response is not provided on time, the citizen has the right to apply to other regulatory bodies or to the court.
    • Through the post office. The letter should be sent by registered mail with notification. The returned spine indicates the name of the recipient and the date of receipt. From this moment, a ten-day period should be counted.

    Housing Inspectorate

    The Housing Inspectorate supervises the compliance of the technical characteristics of the house with the standards and the legality of the election of the Criminal Code.

    The Civil Inspectorate considers the following complaints:

    • for violations in the operation of residential buildings;
    • violations of standards when using residential, basement and attic space;
    • for violations of the heating season;
    • compliance of heating systems with standards before the heating season;
    • for violation of the terms for issuing receipts for the payment of consumed resources;
    • for violations of the law;
    • violations of the procedural order of elections of the governing body.

    Housing office and Criminal Code quickly respond to a complaint. In case of non-compliance with the declared standards, the Inspectorate has the right to inspect and give a fine.

    Rospotrebnadzor

    Rospotrebnadzor is a state body whose activities are aimed at monitoring compliance with the rights of consumers of goods and services. His competence includes conducting inspections, writing out instructions for eliminating violations and speaking in court on the side of the consumer of resources or goods.

    The appeal to Rospotrebnadzor is carried out in the following ways:

    • at personal submission of a folder of documents;
    • when sending a registered letter;
    • when sending documents by facsimile with the subsequent transfer of the originals by mail or in person;
    • through the portal of public services;
    • through the website of Rospotrebnadzor.

    The document folder includes the complaint itself and documentary evidence of the violation. As evidence, photographs with the date of the photograph can be used. The appeal received by any of the described methods must be answered.

    Prosecutor's office

    Complaints are filed in two ways:

    • dishonest actions;
    • inaction.

    Reasonable appeals are submitted to the prosecutor's office stating the essence of the problem and the application of supporting evidence. Filing a complaint is carried out if it was not possible to resolve the conflict peacefully. For example, a complaint was written to the director of the Criminal Code, and the response received was unsatisfactory.

    The legislation provides for cases when a complaint can be filed without a claim review. If available:

    • violation in the financial circulation of funds;
    • suspicion of theft of money;
    • misuse of the fund;
    • improper fulfillment of the duties of the Criminal Code, which entailed property damage to residents;
    • negligence, which entailed or could lead to serious consequences for the health and life of residents.

    Court

    Residents of an apartment building have the right to apply to the court immediately or after an unsatisfactory answer from other authorities. In this case, not a complaint is filed, but a lawsuit. The statement of claim shall indicate the fact of violation, available evidence and a request for the elimination of unlawful actions. If the decision is positive, the court will oblige the management company to eliminate the violations.

    How to write a complaint about housing and communal services via the Internet?

    To help citizens, sites have been created through which you can not only file a complaint, but also find out about existing problems in other regions and ways to solve them.

    So, where to complain about the management company or utilities:

    1. « Management". The service is provided for citizens of different regions. The site contains samples of complaints about: lack of repair work, failure to provide an answer in the allotted time, failure to provide documentation.
    2. « Angry citizen". The first thing to do is sign up. After that, select the “Home” tab. The essence of the problem (from the list provided), the address of the house, and the applicant’s data are indicated. The response is provided within a month.
    3. « RosZhKH". The site was created with the support of the anti-corruption fund. A complaint received from a citizen is referred to the competent authorities. Before submitting a complaint, you must register on the site, since anonymous filing of a complaint is not carried out. Next, you should select a topic from the list provided and specify it using auxiliary questions.

    The applicant independently indicates the organizations to which the complaint should be submitted. The answer is provided within thirty days from the moment of receipt of the appeal.

    Regardless of whether a complaint is submitted in person or via the Internet, the applicant must adhere to the following rules when writing a document:

    • Do not use jargon and insults. Such complaints remain unaddressed.
    • Follow grammar and punctuation rules.
    • To write the text in the case and without lyrical digressions.
    • Provide information relevant to reality (indicating the exact address and data of the applicant).

    What sanctions could the management company face?

    Types of responsibility for non-fulfillment of duties of the Housing Office or the Criminal Code:

    1. The activities of management companies are carried out on the basis of a license issued. HOA is exempted from this obligation. Double violation of the rights of tenants during the year is the basis for removal from the management of the house. The Criminal Code is deprived of the right to engage in house management activities for 3 years with repeated violation of the rights of residents in accountable houses.
    2. For failure to fulfill the obligations stipulated by the contract and the legislation, the managing organization shall be held administratively liable. For example, if the house is not properly maintained, a fine of 40 to 50 thousand rubles will be imposed. According to Art. 7.23 in case of violation of the standards for providing the population with communal resources, a fine of up to 10 thousand rubles is imposed.
    3. Civil liability is provided in case of property damage to a citizen (homeowner) due to improper performance of the institution. The organization will be obliged to compensate for the harm caused. In case of evasion of damages, a citizen has the right to apply to the court.
    4. An official of the Criminal Code is prosecuted if there is a crime in the actions. For example, theft of funds aimed at carrying out maintenance.

    Samples of applications to the management company

    You can apply to the supervisory authorities both personally and jointly with other residents.

    How to make a complaint about housing and communal services - a sample

    Complaints Procedure:

    • The document, as a rule, is executed on a sheet of A4 format. Text is written by hand or printed on a computer. Written should be legible and understandable.
    • At the top right is the name and address of the authority to which the appeal will go.
    • Next are written the name, address, contact details of the applicant.
    • Then - information about the management company.
    • The title of the document “Complaint” is indicated (you can write what will be discussed. For example, a complaint about the overstatement of tariffs).
    • Description of the problem:
    1. statement of substance;
    2. indication of norms that have been violated;
    3. measures taken for the peaceful resolution of the conflict;
    4. response of the managing organization to the claim;
    5. an indication of the requirements (for example, to oblige to troubleshoot the ventilation shaft).
    • Listing of evidence that is attached with the complaint. This is necessary so that during the inspection important documents or photos evidencing the fact of violation are not lost.
    • Date of complaint.
    • Signature and decryption.

    Be sure to confirm the receipt of documents (mail notification, incoming stamp, receipt, etc.). In the future, this may be useful in court if the supervisory authority refuses to conduct an audit.

    Collective statement from residents - sample

    A collective complaint is drawn up by an initiative group of residents. The decision is made at a meeting of homeowners. Practice shows that collective appeals are more effective than individual ones.

    If a collective complaint is filed with the Prosecutor's Office, when the requirements are justified, the prosecutor has the right to independently appeal to the court to protect the interests of residents whose rights are violated.

    Important: in the application, it is necessary to write about the pre-trial settlement of the problem indicating all the answers received from the controlling organizations and the management company itself.

    The rules for compiling the application are the same as when filing an individual complaint. Only in the upper corner are citizens filing a complaint (name, address), and signatures of the same persons are affixed below.

    Management company is an organization whose activities are aimed at providing housing owners with communal resources and maintaining the home in good condition. Control over the activities of the housing and communal services, housing and communal services and the UK is carried out by supervisory authorities: the prosecutor's office, the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, the Housing Inspection. In case of failure to fulfill the prescribed duties, penalties, criminal liability and even deprivation of a license follow.

    In Russia, there are many fundamental problems that are stereotypes. When talking about our country, they immediately notice a couple of main problems - these are unsatisfactory roads, low earnings, as well as constant problems with housing. In fact, not everything is so terrible everywhere, because problems with roads and money are being solved to a large extent, and in general, people have not complained lately. But, unfortunately, the problem with housing remains and it is impossible to get rid of it.

    And it consists in the following: in the country, for each separate apartment building, housing and communal services are responsible, which, in turn, completely monitors the house, as well as the territory adjacent to it, carries out repairs when it is needed. Simply put, the housing and communal services ensure the functioning of houses and make people comfortable living in these very buildings. For their activities, these organizations receive a certain amount of money.

    But not everything is so transparent, not every one of them is so honest with the residents of apartment buildings. Very often it happens that the management organization simply becomes impudent and begins to steal money from residents, in the truest sense of the word, although many may not even suspect anything. That is why there is a body standing above that oversees management companies.

    Organization of regulatory authorities

    In order to understand how to check the management company, you need to understand what rights tenants generally have and what public authorities should fulfill this. In total, there are three levels of organization that checks the management companies of power: local, regional, and also federal, all of them have their own characteristics and are needed for a specific purpose.

    Federal level

    Far from the main level, among those who control the work of management companies. This method is not the main one, while they only issue some guidelines, instructions on how to manage housing, introduce only some principles and features, and this level consists of several state units:

    • FAS Russia (Federal Antimonopoly Service of Russia) is the part that controls tariffs in the areas of water and heat supply and determines the maximum possible cost of payments from which utilities should be based.
    • Ministry of Construction of Russia - which defines the drawings and schemes of heating, as well as water supply to houses.
    • Ministry of Energy of Russia - which determines the quality of services provided by housing and communal services. Describes their laws, rules, permits, and generally the entire concept of management companies, and also checks the accounting of the economic part (Payment of heat and water).

    Regional level

    The same level that performs control by itself on the management companies. Checks how the regulations from above are followed, laws and guidelines. In this case, the management companies are subordinate to a special body - state housing supervision, which performs all kinds of checks according to the following parameters:

    • How well is the maintenance and care of housing.
    • Tariffs and fees for various services provided by the management company.
    • Redevelopment of buildings according to certain standards.
    • Transfer from residential status to non-residential status and vice versa of various premises.
    • Formation of housing repair funds.

    In cases of violation, the body can prevent and eliminate them at the expense of the management company that committed them. It is also worth noting that, guided by the norms of SanPiN, this part also monitors the safety and quality properties of the services provided: water quality, its composition, both chemical, biological, and radiological. In addition, the level of noise, humidity and ventilation quality is checked.

    Municipal level

    More often than not, it is an organization attached to a city organization that carries out verification of management companies. These bodies also have responsibilities that must be implemented at the regional level. All of these scheduled inspections should be done once a year. In cases where complaints from residents arise, then unscheduled inspections are also carried out. Based on the results, an act must be drawn up with a conclusion on the audit of the management company. Most often, such a check of the management company is effective.

    Residents in the form of a regulatory body

    Residents can also act as a body that controls the housing and communal services management company, since they have concluded an agreement on the provision of certain services. That is why tenants can request a check that will be performed in relation to the quality of these most performed utilities.

    Residents can request full reporting for 1 to 2 years, on the basis of which it will be clear how honestly the management organization keeps records. If something does not fit, then tenants can go to court or to the regulatory authority. It is important to note that collective writing will speed up this process. The more residents connect, the faster the issue will be resolved. If the court confirms the illegal actions, then all fees will be reimbursed to the residents.

    Audits

    An audit is to check the transparency of the housing and utilities management company, it is carried out according to some criteria by which the audit conclusion is made. Checks the correctness of registration of all papers, declarations, and so on. This is done by a special person called an audit. In conclusion, the audit gives recommendations for improving the operation of housing and communal services.

    Checking the housing and communal services for honesty in three stages:

    Supervisory authorities in the housing and utilities sector are not honest, so you have to carry out a check in such a way that it is really fast, minimally costly both in time and in resources and, accordingly, has the maximum return.

    Stage One: Gathering Information

    In order to check the management companies you need to be able to study the documentation and be quite patient and attentive in this regard. To collect all the necessary package from the Criminal Code, in which the tariffing of all services provided by the company is prescribed. On behalf of the owners, write a statement with which to request settlements. It is required to receive a maximum of papers.

    Second stage: Verification of calculations and work performed

    Check the correctness of the organization’s calculations, as well as the rationale for why the payment for services was made. It is also advisable to check whether these services were really fully implemented, as well as their quality.

    If you can’t independently perform the recalculations to check them correctly, then you should turn to professionals for help. Such expenses, as a rule, most often pay off, but it is worth remembering that you need to proceed with this action in cases where there is really a suspicion of dishonesty of the Criminal Code.

    Stage Three: Final

    This actually ends the supervision in the housing sector. If, in conclusion, the management organization is nevertheless unclean, then go to court and warn residents that they will have to write a complaint to the Criminal Code.

    Filing and filing complaints about the management company

    In order for an audit of the financial and economic activities of the management company to be carried out by the authorities, it is more often necessary to file a complaint, which should be submitted to a court, prosecutor's office, inspection or other state unit that deals with this.

    Complaint

    Before contacting the supervisory authority, you need to try to get a response from the Criminal Code itself, if the answer doesn’t work or if it doesn’t exist at all, then you can proceed to file a complaint. This is done on the basis of samples of complaints against the Criminal Code.

    Housing Inspectorate Complaint

    The work of this state unit is aimed at protecting consumers, that is, residents, but do not forget that it deals only with a certain part of the possible problems, as described above. Otherwise, you will have to contact another state agency.

    Complaint to the prosecutor

    The prosecutor’s office is not the one who oversees the work of housing and utilities management companies, but still in cases of illegal actions, but it can do the work if the violations are related to money circulation. Based on the results of the case, it will be possible to bring the organization to criminal liability for committing illegal actions.

    Court complaint

    When the bodies that control the operating procedure of the housing and utilities management companies fail, it is possible to turn to a judge and resolve conflicts and issues related to the Criminal Code and in court. This requires more time and effort, but more practical in relation to other methods.

    Complaint to Rospotrebnadzor

    This body, again, does not apply to those who control the activities of management companies, but at the same time, when the rights and laws “On the Protection of Consumer Rights” are violated, in cases where the services are not fully provided or are not provided at all.

    Where to turn to complain about the quality of housing services?

    Where to turn to complain about the quality of housing and communal services. The specialist of the Regional Energy Commission of the Sverdlovsk Region will answer these questions.

    What appeals are received in the REC of the Sverdlovsk region?

    The number of letters and phone calls about the work of housing and communal services enterprises received by the Regional Energy Commission of the Sverdlovsk Region for the year is in the thousands. A significant part of them are citizens' appeals. Some issues are most directly related to the activities of the Commission, others, in fact, should be sent to other departments, as they are not within the competence of the REC of the Sverdlovsk region.

    Most often, residents are concerned about the problems associated with the quality of the provided public services, with the sanitary and epidemiological condition of the housing stock, the validity of calculating the amount of the apartment fee.

    However, one cannot agree with the assertion that the provision of answers by the performers is “delayed”.

    Current legislation obliges public authorities to provide a response to any citizen's appeal within a month. In the REC of the Sverdlovsk region this requirement is strictly observed. At the same time, not a single ministry and department has the right to provide official explanations on issues beyond its competence.

    Please explain, by what signs can a simple citizen understand if he addressed his question there or not?

    For official explanations of legal acts, you should contact directly the body of state or municipal authority by which the legal act of interest was issued. So, for example, the Regional Energy Commission of the Sverdlovsk Region can only comment on the decisions adopted by the Commission. On matters not related to the jurisdiction of the Commission, we can only express our private opinion, but it cannot be regarded as an official interpretation of the rule of law.

    Unfortunately, appeals received by the REC of the Sverdlovsk Region often have to be sent to the authorities directly authorized to resolve a particular issue. As you understand, it takes a certain amount of time to study a designated problem and all shipments to departmental affiliations. At least three to four days are lost as a result of citizens waiting. From our point of view, the reason is that when asking questions to state authorities, applicants do not always have a clear idea for themselves where to go.

    For many, housing and communal services are inseparable concepts, and, therefore, someone alone should be responsible for them ...

    In reality, this is not so. When it comes to the services provided by housing and communal services enterprises, you need to understand that they can be conditionally divided into two categories - housing and communal. What do utilities include? Electricity, gas, hot and cold water, sanitation, heating. Housing services are the maintenance and repair of housing and common property.

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      Now let's try to determine in whose jurisdiction is the solution to a particular problem.

    Where to turn, if we are talking, for example, about the poor technical condition of the housing stock or violation of the rules for using residential premises? These issues are the responsibility of the state housing inspectorate.

    One of the most common questions on the part of citizens is the question of the structure and correctness of charging housing maintenance fees.

    In accordance with applicable law, the approval of fees for citizens for a dwelling is in the competence of homeowners (HOAs, housing cooperatives ...) or local authorities. Therefore, on matters related to the payment of housing services, it is advisable for citizens to contact the management bodies of the HOA, housing cooperative, or the administration of the municipality at the place of residence, etc.

    Do you doubt the correctness of the calculation made, for example, for interruptions in the supply of hot water? Contact the service provider represented by the management company, HOA, housing cooperative, etc.

    What questions does the Regional Energy Commission of the Sverdlovsk Region answer?

    We are responsible for tariffs and regulations. Today, many people confuse the concepts of “tariff” and “utility bills”. Meanwhile, the difference between them is significant. What is a tariff? This is the cost of one unit of utilities - 1 kWh. electricity, 1 Gcal. thermal energy, 1 cubic meter of natural gas or water, 1 kilogram of liquefied gas. Setting these values \u200b\u200bfor housing and communal services enterprises, the REC of the Sverdlovsk Region bears full responsibility for the economic feasibility of each of them. Tariffs for utilities are usually set once a year, and are not subject to change, with the exception of cases expressly provided for by federal law.

    As for utility bills, it consists of two components - the tariff, multiplied by the volume of consumed services, and can change every month.

    Thus, when there are complaints about the correctness of charging utility bills for a certain period of time, you should contact the authorities of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, as this is again a matter of protecting consumers' rights. But if the tariffs presented for payment do not correspond to the values \u200b\u200bapproved in the established order, please contact the REC of the Sverdlovsk Region.

    In addition, the Regional Energy Commission of the Sverdlovsk Region establishes a limit index for changing the amount of citizens' fees for utilities. If this index is violated on the territory of the municipality, citizens have the right to contact us.

    And if the answers of the above departments of the citizen are still not satisfied?

    The arisen problem can be resolved at the discretion of citizens in the prosecution authorities or the court. After studying the case and confirming the facts of a violation of the law, the prosecutor's office has the right to issue a protest or send a representation to the persons who committed a violation.

    As for the court, based on the results of the trial, the defendant (for example, the management company, HOA, housing cooperative, etc.) may be charged a sum of money that was unlawfully charged for payment of housing and communal services.