What are the rights and obligations of the management company. Housing and communal services management company - functions and tasks of housing and communal services and their work

The number of applications for the provision of housing utilities in our country is in the first place in all levels and branches of government. Living in an apartment building promises very big worries for each owner, namely, problems with heating, water supply, cleaning the adjoining territory or repairing entrances. In this article, we will consider what a management company should do and what rights and obligations it has.

The question of what the management company should do is most often asked by owners who are not satisfied with the quality of living in the house. Every month in your payment document you find lines of payment for the maintenance and repair of housing, but where this money goes is not clear. So what should an ideal management company be like?

It does not matter at all what form of management in your home - UO, HOA or housing cooperative, the services that should be provided to the owner are generally the same and the demand from the head of one of these organizations will be the same. If a management organization has been elected in your house, then after drawing up the minutes of the general meeting, the management company is obliged to conclude a management agreement with the owners of the apartment building for at least 2/3 of the entire area of ​​the house. The date of the conclusion of the management agreement with the management organization will be the date of the beginning of the management of the house. From that moment on, she must strictly comply with all legislative acts that govern her work. In its work, the managing organization is obliged to provide free access to information about the managed house, its characteristics and financial and economic activities. From June 01, 2016 all information about the activity management company must be placed in the GIS Housing and Communal Services system. Here you will find all the information you need. If there is no information required for placement, feel free to contact the State Housing Inspectorate or the Prosecutor's Office. Also, according to the Housing Code, every year in the first quarter, all owners must hold a meeting with the approval of the report on financial and economic activities for the management of the house for the previous year. If such a procedure has not been carried out, then you can also contact the supervisory authorities.

Obligations of the management company

Responsibilities of the property management company

Responsibilities of the property management company:

• Carry out cleaning of common areas, that is, entrances;
• Carry out cleaning of the local area, and more specifically the land plot, which is located under the apartment building. If there are trees on a land plot, then the issue of their pruning or demolition is also in the area of ​​responsibility of the Criminal Code. If a tree falls and, as a result of the fall, damages property or harms human health, then feel free to sue for damages to the management company;
• Maintain the facade of the house in proper condition: remove ads or paint over graffiti;
• Sewerage cleaning of common building risers;
• Preparing the house for the autumn - winter period. Carrying out flushing and pressure testing of the heating system, checking general house meters;
• Cleaning the roof from snow and ice in the winter;
• For managing organizations, this is the conclusion of an agreement with the emergency dispatch service;
• Interaction with an elevator company (if there are elevators);
• Carrying out measures for disinfection and disinsection of basements and local area.

Responsibilities of a home renovation management company

Responsibilities of the housing renovation management company:

• Carry out repair work to restore window frames and glazing in the entrance or technical floor in case of their absence or breakdown;
• Entrances should be painted and whitewashed, they should have lighting, and overhead lighting is also mandatory;
• Roof repair work in case of a leak;
• Any repair work of common house property related to the provision of utilities: risers of cold, hot water supply, heating or sewerage, intra-house power supply networks;

Responsibilities of the management company for the provision of utilities

Responsibilities of the management company for the provision of utilities:

• As a separate point, I would like to say that the management company is obliged to provide you with utilities. The fact is that when a management company takes over an apartment building, an agreement is concluded with a resource supplying organization for the supply of a utility service. In this regard, for the work of all engineering systems the company is responsible at home. For example, if before an apartment building such a service as heating is provided, but it is not in the house, then the management company bears responsibility here. The situation is the same with water, sewage, gas or light. Of course, if the service is absent due to the fault of the resource supplying organization, then the management company must still protect your interests and make every effort to change the situation;
• The provision of utilities to the owner of the apartment obliges the management company to carry out work to collect funds for these services and conduct claims and action activities;
• Ensure the timely removal of solid household waste and large household waste. This means that the management company is obliged to conclude a garbage collection agreement;

The management company does not have the right to demand money in excess of the tariff for carrying out the above-mentioned works, and if it really does not have enough to ensure its normal activities, then it is obliged to hold an extraordinary general meeting of owners with calculations on this issue.

If such services are not provided, then boldly, and more specifically to the State Housing Inspectorate.

But in addition to responsibilities, the management company also has rights. It is also worth studying them so as not to get trapped.

All of the above points constitute the main activity of the management company. And for their work, any organization or leader wants to receive a monetary reward.

Management company income

The income of the management company for these costs comes from the item of housing maintenance. If there is such a line as home renovation, then it is a plus and the fees from it go to emergency work. You need to understand that to perform all types of mandatory work requires significant finances, and we did not indicate such items as disclosure of information, certification of employees, maintenance accounting and much more.

In this case, the management company has the right to initiate a meeting of owners on the issue of increasing the tariff for the maintenance or repair of housing. The meeting should be held with the provision of cost estimates, justification for the calculation and other arguments that may affect the decision. If the decision to increase the tariff is not made, this does not mean that the responsibilities of the Criminal Code are lost, the work should be continued in accordance with the current legislation.

The main right, as I believe, for the management company is the absence of the need to carry out major repairs for the owners' money collected under the heading maintenance and repair of housing. Here is one of the most common examples. Repairing balconies. Balconies are common property and the management company should be responsible for their repair. But if the balconies are in a state requiring major repairs, then they may not perform work. In this case, it is their duty to take measures to change the timing of the overhaul of the balconies in this house to an earlier one. This should be the case with any type of work requiring major repairs.

A similar situation is with window frames in the entrances. If they are in poor condition, but not broken, then the management company is unlikely to spend its profits on replacing outdated structures. And no organization can oblige to do this.

Debt collection for housing and communal services

One of the most difficult moments in the work of any management company is debtors, from which sometimes there is nothing to take from the court. Collection of utilities is possible only through the courts. Although today it is possible to limit the utility services of the debtor until the debt is repaid.

Most of all, the owners are interested in what rights the management company has in relation to the owner, if he does not pay for housing and communal services.

Does the management company have the right to turn off the electricity

To find out whether the management company has the right to turn off the electricity, we will analyze two situations. If a separate payment from the energy company comes to you to pay for electricity, it means that the electricity supplier is not the management company and therefore they have no right to limit this service.

If you pay for electricity with a common payment in the UK, then if all the requirements are met, and you are notified as a debtor, you can limit electricity for a certain time.

Does the management company have the right to charge interest

If you do not pay for housing and communal services, then the management company has the right to charge you a penalty every day in accordance with paragraph 14 of Art. 155 LCD RF, after 31 days of delay in the amount of one three hundredth refinancing rate approved The Central Bank RF, and starting from the 91st day of delay, a penalty is paid daily in the amount of one hundred and thirty refinancing rate of the amount owed.

The management company must carry out a very wide range of work in an apartment building, otherwise it may be held liable for inaction. The management company bears responsibility before the law, the same as any organization. This can be both administrative and criminal liability. The main supervisory authorities that monitor the performance of the CMs in currently is the State Housing Inspectorate and the Prosecutor's Office. To a lesser extent, but also different powers to inspect companies are vested in local authorities, fire supervision, Rospotrebnadzor, police and others.

Each of these organizations has the right to impose a substantial fine on both the official and entity for failure to comply with the requirements of the current legislation. The main problem is to prove that the violation took place.

A few words can also be said here about the licensing of management organizations. After the obligation of managing organizations to obtain a license appeared, in case of unsatisfactory work of the organization, it became possible to deprive them of this license. And it seems that this should affect the improvement of the provision of housing and communal services. But we will not be too scattered about this here, since only the State Housing Inspectorate has powers in this and only in a judicial proceeding. Nobody is going to revoke licenses to the right and to the left, first of all, because if the house is left without management, albeit temporarily, then who will guarantee that another MA will not manage even worse. Here the position of the authorities is such that the owners, having united and so can re-elect their negligent governing organization. And if there is no desire to unite, then there is no point in changing anything in an apartment building either.

All the work of the management company is enshrined in various legislative acts. Using them skillfully, you can achieve the performance of all types of work in an apartment building. But we must not forget that the well-being of the whole house depends on the activity of each owner of the house.

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Now residents are often faced with the fact that the management company violates their rights.

However, it is even more deplorable that the tenants themselves usually do not even suspect that they are being violated.

Therefore, it is worth figuring out what is the direct responsibility of the management company in the field of housing and communal services for maintenance and repair houses.

Dear Readers! Our articles tell about typical solutions legal issues... If you want to know how to solve exactly your problem - call by phone free consultation:

Obligations of the housing and communal services management company under the law

The activities of management companies are regulated by legislation. The legislative framework, establishing the rights and obligations of the Criminal Code, is contained in Housing Code of the Russian Federation... In particular, this is stipulated in 161-162 articles.

Housing Code

The Criminal Code should provide residents with suitable and safe living conditions, as well as decent maintenance of common property, solve problems of its use and provide residents with utilities.

This is the first paragraph. 161 articles LCD.

His first subparagraph brings more specificity to the question maintenance of common property and gives a clearer formulation.

According to him, the Criminal Code is obliged:

1. Follow sanitary and epidemiological requirements and regulations fire safety , in order to preserve the reliability of the house and the well-being of residents;
2. Maintain level security suitable for maintaining the life and health of people, keeping their possessions, and property state and municipality;
3. Give tenants access to the use of premises and common property of home owners;
4. Follow the rights and interests of home owners in a multi-storey building, if it does not contradict the legislation;
5. Support communication system in good condition and also keep track of serviceability of metering devices and other types of general equipment;
6. Realize supply of resources required to provide residents with utilities.

The management company assumes responsibility for the common property in a particular apartment building and for the supply of utilities, regardless of the degree of improvement of this property.

Service quality anyway must comply with government requirements and regulations which are listed in Housing Code.

Wherein MC is responsible not only before the state or municipality, but also directly in front of the tenants.

Also, the management company is obliged to provide residents with access to information about its financial and economic activities, about services, which it renders, and about the order of their rendering.

She must inform tenants about the cost and tariffs for all services provided to her.

V Article 162 are negotiated rules for concluding a management agreement for an apartment building, which is concluded between the Criminal Code and all the owners of its premises. This document should be considered separately, since it has a fairly voluminous legislative base.

Management contract

This document can only be concluded with the Criminal Code, which has permission for such activities.

Otherwise, the organization will not meet the requirements which are established by law, and therefore does not have the right to conclude such agreements.

Upon its conclusion, it is necessary to collect all owners housing in this house.

According to the second paragraph, the agreement on the management of the house means that the Criminal Code undertakes:

• Do your job on time, for the established fee;
• Conduct repair and provide maintenance of common property owners of premises;
• Provide them utilities;
• To spend another management activities.

At the same time, the list of works and services that are included in the obligations of the Criminal Code should be indicated in the appropriate agreement.

You can download a sample of a standard agreement for the management of an apartment building with a management company.

The company must start fulfilling the terms of the agreement no later than within one month after signing it... However, if the agreement specifies a different period, then the Criminal Code is obliged to start work within that date.

One month before the end of the contract, Criminal Code must transfer all documentation to the given house of the managing organization that has been selected. And also the Criminal Code is obliged to provide apartment owners with regular reports on their activities.

Other regulations

According to other documents, the management company must maintain adjoining territory the apartment building assigned to her.

The fact and quality of work on the maintenance of this territory should be monitored tenants.

And you need to watch out for the following:

1. To ensure that the Criminal Code regularly fulfills cleaning of the local area;
2. Accompanied her landscaping;
3. In time took out all household waste;
4. Installed on the territory playgrounds, benches etc.

Rights

In addition to responsibilities, legislation and regulations establish rights of the Criminal Code.

Residents also need to study them in order not to get into an unpleasant situation, violating one of the rights of the organization.

So, the Criminal Code has the right to:

• Receiving income;
• Debt collection from tenants;
• Deprive a tenant of a certain resource for debts;
• Accrue penalties.

In fact, income management company depends on tariff to pay for her services.

The organization has every right to raise it., but only when meeting of owners and provision of estimates.

Of course, at the meeting, the tariff increase may not be approved, in which case The Criminal Code is obliged to continue working as before... The Criminal Code has the right to collect debts, but only through the court.

However, you can do without a trial, simply by turning off the supply of utility services, for which the debtor does not pay.

For the last The Criminal Code also has full authority... It gives 354 Bylaw... But this is possible only if the resource is supplied to the tenant through this organization, and not from the resource supplying organization directly.

Another way to deal with debtors is the right to charge them penalties... This allows 14 paragraph 155 of the JK article... Penalty interest is calculated from 91 days of delay.

Functions

Having dealt with all laws and regulations that establish rights and obligations of the Criminal Code, it is worthwhile to clearly understand that all the same is the responsibility of the organization and what is not:

If the management company does not fulfill its duties?

Most often the management company ignores their responsibilities for repairs and maintenance of common property.

The brightest and most frequent example – refusal to replace certain items, which are the property of all residents of the house.

Here the law remains on the side of the residents and so you can easily change the position, bringing the Criminal Code to responsibility.

Subsequently, she either will start working properly, or you have to break an agreement with her and hire another management organization.

To do this, follow these steps:

• Write a message appeal to the Criminal Code, state your claims and ask to fulfill your obligations, according to the agreement;
• If it was not accepted, it is worth come to an appointment with the head of the management company;
• Imagine proof failure to fulfill obligations;
• If there is no proper reaction, contact housing inspection by writing the appropriate statement indicating in it their claims and links to regulations and articles. TO a statement worth attaching proof.

Sample application to the housing inspectorate: download the form.

After that, ZhI will conduct check to identify violations... If they really exist, then Criminal Code will oblige them to eliminate under threat of going to court.

The court can either force the organization fulfill your requirements v mandatory, or will impose fine.

He can also remove a company from business.

What is not included?

In order not to get into an awkward situation, forcing the Criminal Code to do what is not its responsibility, you need to know what actions it may not perform:

1. Garbage removal;
2. Extraordinary renovation works if this is not necessary;
3. Purchase of a new coolant;
4. Cutting down trees in the local area;
5. Intercom repair;
6. Lighting of the adjoining area;
7. Installation of a video surveillance system;
8. Decoration of the local area.

Management companies have their own set rights and obligations, according to the law and documents.

If these rules are violated, the organization can either lose a license, or pay fine... However, this requires that the tenant noticed the violation in time and applied to the appropriate authority.

A management company is an organization that “does business”. To be more precise, it produces: maintenance, repairs, organization of payment for heat and light, and also conducts inspections. Can "deal" with one or several residential buildings, it all depends on the level of prestige of the company. Moreover, recently, housing and communal services enterprises must be officially licensed, without fail. The MC contains a structure that depends on how large the enterprise is. According to the law, they must comply with a list of obligations, as well as fulfill some requirements.

Obligations of the Criminal Code under the law

The housing and communal services management company has certain rights and obligations that must be respected without fail. Those responsibilities in the house that this or that managing organization will take upon itself at the conclusion of the contract will be spelled out in it. In this case, the contract may contain the following types of obligations:

• Preparing your home for the new season, whether it's winter or summer.
• Utilities, their tariffication, repair or replacement of water supply systems: pipes, meters, as well as power grid systems.
• Both major and cosmetic seasonal renovation.
• Cleaning of courtyards, entrances, elevators, maintenance of cleanliness.
• Organization of other repair work related to equipment installed in the house, for example, elevators (if it is installed and repaired at the expense of the owners, the previous management company or a construction company)
• Registration of certificates for homeowners, provision of full reporting, as well as invoicing according to the tariffication for utilities.

In addition, the cost of providing services from the company is also established. All this is discussed at a general meeting of owners and tenants.

Types of management companies

Housing companies can deal with some of the services that were described above, it all depends on the requirements of residents and the capabilities of the organization, so these management companies in the housing and utilities sector can be divided into types:

• Providing all services and mediating with the resource providers.
• Being an intermediary who finds contractors for all the necessary services.
• Organizations for the management of courtyards, garages and non-residential premises.

Obligations of the management company

The responsibilities of management companies in the field of housing and communal services have been described above. But what does such an organization have the right to do in addition to its main responsibilities?

All services that the company is ready to provide and their prices are usually announced at general meetings, and residents, in turn, decide whether they need it. When the owners of apartments are determined with a choice, then an agreement is drawn up with the owners, on the basis of which the provision of services is carried out. Additionally, managing organizations can deal, for example, with the removal of bulky waste several times a month.

Execution of an agreement with the owners

When drawing up the contract, the management company in the field of housing and communal services must indicate for its part:

• A list of all the services that she will provide for a particular home.
• Information about the obligations of the parties, rights and relationships.
• Information about the house (or other object), and should be indicated in detail.

In addition, the agreement contains information about:

• Reports.
• Rules for the use of premises such as: attics, basements and other non-residential premises.

The contract is subject to change, provided that there is a request from the owners. Changes may be related to any clauses of the agreements.

Responsibility of the Criminal Code under the law

There are several levels of state bodies, the aggregate of which is in the field of housing and communal services. For this, inspections are arranged related to identifying the quality of work, both from the management of the house and from the local (municipal) level. This is done in order to identify shortcomings in the work and eliminate them. When there is an inspection by government agencies, they check everything from the cost of utilities, to their quality, and so on.

In the event that an organization does not fulfill its obligations, refuses to do so, then the conflict is resolved by imposing an administrative fine on it, since this is considered a violation according to the Code of Administrative Offenses of the Russian Federation, article 7.22 it should be 40-50 thousand rubles. In addition, in addition to the fine, the article provides for the suspension of the company's activities for up to 90 days.

If there are violations of the sanitary requirements of residential premises and the organization does not react to this in any way, then you can immediately go to court. In this case, a fine of 10-20 thousand rubles is also imposed on the organization. This is beneficial for tenants because next time the managers will take the owners' requests more seriously.

License from the management company

Housing ФЗ № 255 are required to obtain a license to work. Otherwise, the organization will not be able to register. On these grounds, it can be argued that each management organization has a license that can be obtained from:

• The body for supervision of housing and communal services.
• Commission for the licensing of housing and communal services.

And for its registration, you need a whole list of papers:

• Certificate of opening an individual entrepreneur or LLC.
• Tax accounting documents.
• Certificate from the Unified State Register of Legal Entities.
• Appointment of a director and certificates of the opportunity to work in this position.

And this is not a complete list; other documents are still needed. Information about the license can be obtained by the name of the management company or the address of the house to which it is linked. This can be done on the website of public services.