Change of the management company of an apartment building sample. Change of management company (Kuzmak R.)

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 once again by indicating the same questions that were on the agenda when preparing for the meeting in person, an invitation to vote, and the time and place of the 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 careful about 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 a 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.

This article will address the question of how owners of an apartment building can change the management organization if they are not comfortable with its work. Consider the general procedure for changing the management organization in the house, as well as the practical nuances that have arisen in connection with the licensing of the management of multi-apartment buildings and the appearance in the Housing Code of the Russian Federation of a new form for holding general meetings.

In accordance with article 44 of the LC RF, the general meeting of owners of premises in an apartment building is the supreme governing body of an apartment building. The general meeting of owners of premises in an apartment building is held to manage the apartment building by discussing agenda items and making decisions on issues put to a vote. If the managing organization (hereinafter - CC), which manages the apartment building, does not properly manage the tenants or for any other reason does not suit the tenants, then the only way to change it is to hold a general meeting of owners to decide on the termination of the contract with UK and choosing another UK.
According to Part 3 of Art. 161 LC RF, the method of managing an apartment building is selected at a general meeting of the owners of the premises in the apartment building and can be selected and changed at any time based on its decision. The decision of the general meeting on the choice of management method is mandatory for all owners of premises in an apartment building. Paragraph 8 of Art. 162 LC RF indicates the possibility of amendment or termination of the apartment building management contract in the manner prescribed by civil law.
Based on the foregoing, a contradiction arises, since, on the one hand, the LC RF imperatively established the possibility for owners to choose a management method at any time, and on the other hand, indicates the possibility of terminating the contract in the manner established by the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation), where it is indicated that at the request of one of the parties, the contract may be amended or terminated by a court decision only if the other party materially breaches the contract. That is, if we proceed from the norms of the Civil Code of the Russian Federation, then the owners can terminate the contract with the Criminal Code only if it substantially violates the terms of the management contract, which is rather problematic because the criteria by which this can be established and the process of proof are not clear. The Presidium of the Supreme Arbitration Court of the Russian Federation answered this question in Decree No. 7677/11 of November 22, 2011, according to which the legal structure of an apartment building management agreement does not allow it to be identified as having features that would infringe on the housing rights of homeowners as consumers services of managing organizations in comparison with the situation of the same persons acting as consumers of similar services, with a different form of home management.
This position was reflected in judicial practice.
The decision of the Arbitration Court of the North-Western District of September 23, 2015 in the case of N A56-73665 / 2013:
"According to Article 44 of the Housing Code of the Russian Federation (hereinafter referred to as the LC RF), the general meeting of owners of premises in an apartment building is the governing body of an apartment building, the competence of which includes, in particular, the choice of how to manage an apartment building.
Clause 8 of Article 162 of the LC RF provides for the possibility of amending or terminating the management contract for an apartment building in the manner prescribed by civil law.
In this case, the owners of the apartment building’s premises refused the management agreement for the apartment building with the HOA “Merchant Eliseev’s House”, choosing another way to manage the apartment building - management of the HOA “Palace, 37”.
The decision of the Arbitration Court of the North-Western District of September 2, 2015 in the case of N A56-62648 / 2014:
"The norms of part 8.2 of article 162 of the LC RF allow owners of premises in an apartment building to unilaterally refuse to execute an apartment building management contract not only if the managing organization does not fulfill the conditions of such an agreement, but also if they decide to choose another managing organization or changing the way you manage this home. "
The specified established practice was slightly brought down by the Decree of the Supreme Court of the Russian Federation of 04.28.2015 N 46-KG15-3, which states:
"In relation to paragraph 8.2 of Article 162 of the Housing Code of the Russian Federation, the right to unilateral refusal to fulfill a contract for managing a residential building arises from the owners of premises only on condition that the management organization has not fulfilled or improperly performed the obligation assumed.
In the present case, the grounds provided for by paragraphs 8.1 and 8.2 of Article 162 of the Housing Code of the Russian Federation to unilaterally terminate the management of an apartment building on the initiative of the owners of residential premises have not been established.
At the same time, part 8 of Article 162 of the Housing Code of the Russian Federation provides for the possibility of amending or terminating the apartment building management contract in the manner prescribed by civil law, however, in the manner provided for in Articles 450 - 453 of the Civil Code of the Russian Federation, the owners of premises to Management Company N LLC 2 housing and communal services "did not apply for the termination of the management contract for an apartment building."
The indicated judicial act of the Supreme Court of the Russian Federation can be understood as follows: owners can change the management method or change the Criminal Code at any time, but they are obliged to notify the previous Criminal Code, thereby the procedure for terminating the contract provided for by the Civil Code of the Russian Federation will be followed.
Thus, the key point in a situation when residents want to change the Criminal Code is their decision to change the Criminal Code and send a written notice to the Criminal Code about the termination of the contract (for safety reasons, it is desirable to indicate the reasons for the unsatisfactory work and fix the deficiencies in the provision of services by acts).
Next, we consider the nuances that should be reflected in the protocol on changing the Criminal Code. In connection with the licensing of the management of multi-apartment buildings since May 2015, the State Housing Inspectorate (hereinafter - GZHI) has begun to maintain a register of licenses of the constituent entity of the Russian Federation, in which a specific CC is assigned to each house. According to the rules of article 198 of the RF LC, in the event of a change in the list of apartment buildings that the licensee manages, in connection with the conclusion, termination, termination of the apartment building management contract, the licensee must post these contracts within three business days from the date of conclusion, termination, termination information on the official website for information disclosure, as well as send it to the state housing supervision authority. After receiving the information specified in part 2 of this article, the state housing supervision body shall amend the register of licenses of a subject of the Russian Federation.
According to the practice established over the year, the DLC draws attention to the following legally significant points reflected in the minutes of the general meetings of the owners: whether the decision was made at the general meeting and whether the decision of the owners to choose a new specific management company was reflected in the protocol, or a decision was made to terminate the contract (individually defined ) with the previous CC, on the conclusion of a management contract with the new CC. In addition, a specific person (owner) should be selected, whom residents authorize to sign and conclude a management agreement with the new Criminal Code. In the absence of one of these clauses or their incorrect wording, the GLC may refuse, on formal grounds, to include the new CC in the register of licenses of the subjects of the new CC. Despite the fact that the possibility of such a refusal does not follow from the norms of the RF LC, this practice has appeared (but this is a topic for another article).
A new form of holding a general meeting of owners has been introduced in the RF LC - a general meeting of owners of premises in an apartment building can be held in the form of absentee voting. This form is the most convenient for holding general meetings, since it is always difficult to get the necessary quorum in the in-person voting, and after the in-person voting, an absentee vote is necessary. And with the new form, in fact, immediately in-person and absentee voting is simultaneously held.
It should also be borne in mind that Order of the Ministry of Construction of Russia dated December 25, 2015 No. 937 / pr "On approval of the requirements for the execution of protocols of general meetings of owners of premises in the Moscow Ring Road and the Procedure for transferring copies of decisions and protocols of general meetings of owners of premises in apartment buildings to authorized executive bodies the authorities of the constituent entities of the Russian Federation exercising state housing supervision ", it was registered with the Ministry of Justice of the Russian Federation on April 14, 2016 under number 41802. The specified order approved the requirements for registration and content aniyu minutes of the general meeting of the MCD owners of premises and procedure for the transfer and copies of decisions of the general meeting of protocols to regional bodies Goszhilnadzora. The order of the Ministry of Construction enters into force on 04.29.2016.

According to the center for the study of public opinion, 10% of citizens consider the problems of housing and communal services one of the most important troubles of the state. City dwellers suffer from overpriced utility bills and poor performance from their obligations to the management company. We tell you how to change the management company in an apartment building or choose a new way to manage multi-unit housing construction.

Management methods

There are 3 types of controls:

Direct management.
Management of a partnership of apartment owners or a housing cooperative.
Management of the Criminal Code.

What is the difference between each method?

Direct management is possible only in small houses with up to 30 apartments. In large cities, there are few such houses, so most high-rise buildings serve homeowners associations and the UK.

In the house under the management of the HOA, the chairman of the board has all responsibility for repairs, landscaping and other events. ZhSK or HOA can conclude an agreement with the Criminal Code, without changing the form of home management. In this case, the responsibility will be borne by the hired company.

In a house under the management of the Criminal Code, the company sets all working conditions independently: tariffs, salaries of subordinates. In addition, the management company has the right to service any number of residential buildings.

Can one house serve several management companies at once? And does it happen that in one house there are several management methods?

Based on h. 2 Article. 161 LCD RF, owners must choose one of the management methods. Only one company can manage an apartment building.

Often, inspection authorities find violations of established standards. For example, several organizations serve the same house at once. Such violations lead to the following problems:

improper maintenance of the house;
different ways of forming a major overhaul fund on the same house and, as a result, different terms for carrying out the same work.

In addition to the above, the rights of citizens to own, use and dispose of common shared property are violated.

What is the most popular management method?

In St. Petersburg, the leader is the Criminal Code. Based on the analytical data of the housing committee, there are over 23,000 high-rise buildings in the city, of which 5,000 have been created by HOAs, the remaining 18,000 houses are serviced by the Criminal Code. Of these, 16,000 are served by management companies with the participation of urban co-financing, the rest are private organizations.

This management method has existed for more than one year, and rarely anyone wants to change something in this established system. The desire to change the management company or create a partnership of homeowners often visits residents of new buildings in which the UK is already appointed.

When does it make sense to change the management method?

There are objective indicators for this, according to which it can be understood that the Criminal Code does not cope with its obligations. For example, if a current repair is not performed or if official sources do not have information on financial and economic activities.

If the asset of the house has a strong manager, you can transfer the control of the house into the hands of the HOA.

How to change the management company or switch to another system?

This issue is resolved at the general meeting. The owners must draw up the minutes of the meeting, choose another management company or method of managing the apartment building and approve the terms of the contract agreement. It is also necessary to discuss the timing, cost of services, the composition of the common property. After that, the previous management company must transfer all the documents to the new organization.

At this stage, difficulties may arise, since the rejected management company may delay the time of transfer of technical documents to the house. This is a violation, for the solution of which it is necessary to contact the housing inspectorate. The housing inspectorate can remove a house from the Criminal Code without lengthy litigation.

Meeting of homeowners. From what moment can the buyer of the apartment take an active part in it?

Previously, only those who had already registered an apartment and received a certificate of ownership could take part in the meeting of homeowners. Now everything is different, equity holders, who do not yet have ownership of the apartment, can vote for a change in the management company.

Who can initiate a tenant meeting?

Any owner can do this. According to the current law, the Criminal Code, Homeowners' Association and housing cooperative must provide him with a list of apartment owners, without it the meeting will not have legal force.

The register of apartment owners is a mandatory annex to the minutes of the meeting. In its absence, the meeting will be considered framed with violations, which means that decisions taken at the meeting will be canceled.

How to get all the tenants to a general meeting?

Gathering all the tenants to discuss such an important issue as changing the management company is extremely problematic. But in order to achieve this goal, you need to get the consent of at least half of the owners.

Therefore, with owners who could not attend the meeting, you can conduct an in-person correspondence survey.

Still have questions? Leave your contact details and our specialists will call you back.

Art. 162 of the RF Housing Code provides for the need for an organization to conclude an agreement on the management of a multi-storey building with each apartment owner. It is signed after the selection of the Criminal Code, the responsibilities of which include ensuring the functioning of communication systems, protecting the rights of residents, etc.

If the management company does not cope with its duties or neglects them, then tenants have the right to terminate the contract with it. Reasons for the change of organization:

The end of the contract period concluded by the tenants with the management company;
Failure to provide services provided by the contract, organization;
The provision of poor quality services;
Non-fulfillment of applications from tenants for repair;
Lack of organization license;
Concealment of activities and expenses.

Attention! The contract between the homeowners and the management company is concluded for a period of 1 year to 5 years.

The management company is given a year so that it can establish work, ensure fulfillment of obligations, and prove itself in activities. If tenants see that she is not fulfilling her obligations even after a year from the date of appointment, then they have the right to change the management company.

Change of the Criminal Code is a radical measure. Residents can first make a complaint about the management company to the housing inspectorate KEY complaint about the management company to the housing inspectorate. If this does not solve the problems, residents can write a statement to the prosecutor. How to do it - read this

If the organization does not fulfill the conditions stipulated by the contract, on the basis of a decision of the general meeting of tenants, apartment owners can also refuse to fulfill the terms of the contract.

Procedure

The change of the management company in an apartment building occurs in stages:

Residents make a decision to change the organization.
Choose a new management company that will be entrusted with house management.
A general meeting is appointed and held, the agenda of which raises the issue of replacement.
The minutes of the meeting are drawn up, which is a documentary expression of the consent of the residents.
Transfer of the protocol to management companies - old and selected as a replacement.

So, considering the question of how to change the management company in an apartment building, it is worth noting that the procedure is not extremely complicated.

Nuances of the management company replacement procedure

The procedure for changing the management company in an apartment building consists of 5 of the above steps. In addition to them, it is important to consider the following nuances:

If, for certain reasons, the residents were unable to vote, but do not agree with the decision, they have the right to appeal it in court. The lawsuit is filed no later than six months after the announcement of the decision;
If the homeowner cannot personally take part in the meeting, then he can take the help of a representative. Registration of participants is carried out by indicating passport information;
If at least one tenant of the apartment building does not receive a notice of the meeting, then it can be declared illegal, and the decisions taken are invalid. A protocol drawn up during such a meeting will not have legal force;
The legislation establishes the deadline for sending a notification. It must be sent no later than 10 days before the organization of the meeting.

To count the votes of the participants during the meeting, a counting commission is appointed. Its task is to draw up a protocol, count the votes, announce the decision to replace the managing organization or to continue cooperation with it.

In order to get a decision on replacing a company, it is important that the majority of homeowners vote for it (over 50%). After the decision is announced, an agreement is signed, the provisions of which provide for the transition to cooperation with the new management company.

On the change of the Criminal Code, see the video:

Renegotiation of the contract with the Criminal Code

One of the most important points is the conclusion of an agreement with another management company. It is carried out in several stages:

The formation of the provisions of the agreement, their coordination with the owners of the housing.
Organization of a general meeting, on the agenda of which discussion of the clauses of the contract is submitted
Reproduction of the agreement in order to transfer a copy to each apartment owner.
Coordination of conditions with the managing organization.
Renegotiation of the agreement.

You can specify the duration of the contract with the management company directly in the organization or when studying the text of the agreement. It is important that the CC should be notified of the change 30 days before the end of the contract period.

If you still have questions about changing the management company - ask them in the comments to the article