Reading time: 5 minutes
The housing and communal sector is one of the most important in any state. Each of its subjects is endowed with certain powers. The system in which the management company provides communal services to residents of MKDs, carries out repairs and other measures for the normal functioning of the premises has confirmed its effectiveness. Reliable controller of the Criminal Code - residents. But in order to determine whether it copes with its powers, you need to know the rights and obligations of the management company of apartment buildings.
A utility company is needed to service the housing stock and apartment buildings in a quality and timely manner. Management companies in the field of housing and communal services are commercial organizations designed to perform operational functions and sanitary maintenance of MKD. They maintain order in the house, provide its inhabitants with water, light and heat.
According to the norms of the Housing Code, the communal organization is one of the forms of management of MKD.
The activity of any structure is based on regulatory legal acts. When it comes to housing and communal services companies, these include:
In addition, the rules for servicing apartment buildings by management companies can be set out in more detail in the decisions of local authorities.
The main law for the Criminal Code is the Housing Code. The document has the highest legal force. Orders or actions that contradict it can be appealed to the supervisory authorities or.
The managing organization of housing and communal services has certain responsibilities that should be strictly observed. According to the legislation, these include:
This list is far from exhaustive. Specification of duties is carried out in.
Utility companies carry out a number of activities aimed at the normal operation of MKD. It is worth listing the following responsibilities of managing organizations for the maintenance of common property:
The functions of the Criminal Code are aimed at providing consumers of public services with comfortable living conditions.
During the operation of the MKD, it often becomes necessary to repair it. These works are carried out by the utility company or a contractor engaged by it.
Repair of multi-storey buildings is of two types - and.
The first involves maintaining the proper technical condition of buildings. Overhaul is a qualitative modernization of the operational indicators of structures. It requires the involvement of solid resources and manpower.
Let us mention the obligations of the management company in the field of housing and communal services for maintenance and repair:
The MC can carry out current repairs immediately after defects are discovered or develop and approve a written work schedule for a certain period of time.
The provision of public services is one of the main functions of public utilities. Here is what is included in the responsibilities of housing and communal services for home maintenance:
By law, the Criminal Code must collect funds for the provision of services, to resolve organizational issues.
The management organization has more than just responsibilities. For example, she has the right to:
To find out whether the management company has the right to perform a certain action, you should study the current legislation and the provisions of the concluded agreement.
The community organization has many functions. She is:
In fact, the Criminal Code performs the same functions that were assigned to the ZHKO sections. Some changes were caused by time, the organization gained more independence.
Obviously, not a single apartment building can exist normally without well-coordinated maintenance, monitoring the state of communications and systems, and caring for the adjacent area.
Dissatisfaction with the work of the Criminal Code is a common phenomenon. Residents often complain that the company does not fulfill its obligations in good faith, for example, it carries out poor-quality overhaul of balconies. As a result of neglecting the condition of the equipment, penalties and cases of overcharging arise.
In this situation, you can contact different authorities:
A lawyer specializing in housing law will help you determine exactly which body to apply to. But first, you should try to resolve the conflict peacefully and contact the management of the utility company.
To do this, you need to draw up a written, describe in detail the situation in it and explain what the improper provision of services consists of. With the received answer, you can go to higher supervisory structures.
The court and the prosecutor's office are usually treated with serious violations. As practice shows, a collective complaint is more effective than the appeal of one tenant.
If consumers of services clearly understand what duties are assigned to utilities and which are not, they will less likely have questions like who should repair the intercom, ensure the protection of the territory, and so on.
As a rule, additional obligations of the Criminal Code are prescribed in the contract. If there are no relevant items, the company does not carry out some activities to care for the local area:
Also, the management company does not provide services such as concierge work, parking security, installation of video surveillance cameras on the territory of the MKD.
Knowing the list of responsibilities of the managing organization, residents, on the one hand, will avoid high expectations, and on the other hand, they will not be at a loss if they have to defend their rights in different instances. In this context, a well-written contract between tenants and the management company becomes important. It is on the basis of this document that successful cooperation can be achieved and mutual claims can be excluded.
Lawyer. Member of the Chamber of Advocates of St. Petersburg. Experience more than 10 years. Graduated from St. Petersburg State University. I specialize in civil, family, housing, land law.
Management organizations are required to report to homeowners on any issue that has arisen. If tenants wish to verify the correctness of spending funds, they can form an official request for a report on work (for example, for 6 months) and redirect the document to the Criminal Code.
You will learn about how the owner in the MKD can obtain the necessary data from the Criminal Code and how the procedure for disclosing information is regulated.
If the fact of spending money for other purposes or their disappearance in an unknown direction is revealed, then the owners have the right to contact by writing a complaint.
Attention: if an additional agreement of this form is not drawn up, then the residents of the house are obliged to take away their bulky garbage on their own.
The services provided by third-party organizations include the removal of garbage and household waste.
The owner may be fined by the management company for leaving large-sized garbage. Therefore, it is necessary to organize disposal measures in a timely manner.
The adjacent territory is the land that is located around an apartment building and its boundaries are clearly regulated in the land management documentation.
This area also belongs to the property of the residents of the house, so the management company is obliged to monitor the cleanliness and hygienic condition of this area.
The home area consists of:
The largest number of complaints and criticisms from residents to the address of the Criminal Code is connected precisely with the undeveloped adjacent territory. But This area is included in the complex of maintenance and repair works.
Responsibilities:
In case of violations in non-compliance with the obligations of the Criminal Code owners can file a complaint with the housing inspectorate or Rospotrebnadzor. If this is of little use, then the prosecutor's office or the court may become the next instance.
Legal entities that own premises in an MKD can negotiate the supply and payment of housing and communal services not with the management company, but directly with supplier enterprises, that is, direct contractors.
Settlements with the Criminal Code by a legal entity can be carried out both in cash and non-cash.
Paid services include:
According to the legislation of the Russian Federation there is no regulation on the provision of additional services. There is only a list of mandatory and main services that management companies provide ().
Additional services include:
Decisions on the use of additional services are also made at the general meeting of owners. Such services can also be offered by the UK itself for a separate fee.
Important: Owners have every right to choose their own list of additional services.
It should be understood that the cost of such services will be determined taking into account the fact that the management company will act as an intermediary. Therefore, the cost will include a fee for a third-party company for the service provided and an additional payment for the Criminal Code.
Every resident of the MKD should know that there is a list of mandatory services that must be paid in any case. According to PP No. 290 dated April 3, 2013, it is not possible to refuse any service from this list.
Prices are fixed on the basis of the developed estimate, while taking into account the technical characteristics of certain MKD, as well as tariffs for the resources of supplying companies. The total value (the amount received in the end) is divided by all the inhabitants of the house.
Each MKD has its own technical features and characteristics, respectively, and the price per square meter may be different for a particular house. However, practice shows that the cost of services is determined on the basis of established rates in a particular municipality.
The Housing Code states that payment includes:
Tariffs for overhaul are determined at the regional level, and housing and communal services - the decision is made by energy commissions.
Documents regulating pricing and minimum prices can be found on the official websites of the authorized bodies.
Prices are formed based on the cost of the resource. Payment is formed from consumption figures and costs for general house needs.
On the basis of what and how the tariffs of the Criminal Code are formed, we told in detail.
One of the forms of management of apartment buildings is the involvement of management companies. Business relationships are based on the conclusion ().
Payments are made by payment of receipts, which reflect tariffs and consumption values, as well as details of the MC in the bank. Receipts come to owners in mailboxes.
You can pay bills in several ways:
It is the responsibility of the emergency service to eliminate any problems that have arisen related to malfunctions of the technical equipment in the house. The procedure for eliminating emergency situations, as well as the terms, are regulated by the Rules and Norms for the Technical Operation of the ZhF (Gosstroy Resolution No. 170 of September 27, 2003).
Accidents include:
Elimination of all the above emergencies is the responsibility of the Criminal Code. All costs for the emergency service must be paid from the funds indicated and paid in the monthly receipts. None Owners do not have to pay additional contributions.
If it does not have its own emergency service, then it should start cooperation with a third-party company that specializes in this area.
Summing up, it can be noted that the owners have the right to use both the minimum package of services provided by the Management Company and the extended one. Residents can determine additional services on their own, depending on personal wishes, and then agree on them at a general meeting.
If you find an error, please highlight a piece of text and click Ctrl+Enter.
Management companies must carry out their work, guided by the regulatory legal acts of the Russian Federation. Basically, the powers of the Criminal Code of an apartment building are regulated by the Housing Code of the Russian Federation, but also what the management company in the housing and communal services sector does and is responsible for is also indicated in other legislative documents:
From 09/01/2014 the activities of the management company should be carried out on the basis of obtained licenses. Only those organizations that received a license from Goszhilnadzor before 05/01/2015 can manage houses.
With the adoption of the law on licensing management companies, the state gained the opportunity to control the work of these organizations. House management work, according to Article 7 of the Federal Law No. 255, without this type of activity, is currently not allowed.
Attention! A management license can only be obtained by an organization that has the material and technical base that meets the requirements of the law and the necessary resources to carry out activities.
The legislation of the Russian Federation imposes strict requirements on the activities of management companies. However, in practice, to date, no housing and communal services management company is legally completely.
Owners must know and demand from their management company the performance of the services and works included in their duties. Consider what is included in the list of utilities provided by the managing organization.
Operational, repair and housing and communal duties of the Criminal Code:
The duties of the management company also include the provision of organizational services:
Reference: all of the above services belong to the list of what the management company should do for free.
The cost of most of the work carried out by the management company to maintain the house, both maintenance and organizational, is already included in the cost of the rent paid by the tenants.
CC are obliged on any issues that arise. If the owners wish to check the expenditure of funds, they must make a request to the Criminal Code with the requirement to report on the work done in a certain period.
In case of any identification of unreasonably high or the fact of misuse of funds, you can contact the regulatory organizations with a complaint about the actions of the Criminal Code.
From the video you can learn in detail about what the UK should do for free:
The legislation of the Russian Federation defines only the list of basic and mandatory services provided by management companies. There is no regulated list of additional services in the law, therefore, the settlement of this issue is associated with some financial and legal difficulties.
Additional CC services include:
The decision on the need to provide such services is within the competence of the meeting of residents. Management companies can only offer the owners to provide such services for a fee, but not impose or decide to perform them on their own.
Homeowners, if they wish, can ask the management company to organize a wide range of services, from grocery delivery to arranging repair and dry cleaning services for clothes.
Note! When organizing additional services, managers will act as intermediaries between the owners and organizations providing such services. Consequently, their cost will consist of fees to performers and fees to intermediaries.
To make a decision on the conclusion of such agreements, the consent of all owners of the premises is required.
Thus, the company will carry out work on the maintenance of common house property and, if necessary, provide paid cleaning services. They include the following works:
In general, management organizations do not provide an intercom code if all owners agreed to install it and purchased special keys. But there are situations when they are required to do so.
For example, if you refuse to enter into an agreement for the purchase of an intercom handset and keys to it, then you can either get the keys for free, or you must be provided with an intercom code for unimpeded entry into your living space. You have every right to apply to the management company with this requirement by writing a written application if necessary.
But when providing a code, there is a risk of its excessive advertising by residents. And, since this obligation is not approved by law, The UK has the right to disable the intercom code function in order to maintain security, namely the obstacles to the entry of outsiders into the entrance.
The composition of common property includes all premises outside the apartments of the owners, the building itself with all structures and the adjacent territory, including the entire land plot, the boundaries of which are determined by the project documentation. All common property must be kept in good condition and repaired on time.
The owners of the premises have every right to demand from the management company timely repair and cleaning of entrances, maintaining the external appearance of the building.
In addition, the management company is obliged to maintain in proper condition the systems of water supply and sanitation, heating, gas supply, electricity supply, as well as the management company must systematically conduct inspections for accidents and defects.
Light bulbs and other electrical appliances installed in common areas, including entrances, are part of the common household facilities. Management and maintenance of it entrusted to the Criminal Code.
Hence the simple conclusion - burnt out light bulbs must be replaced by the management company. Legislatively, this is also confirmed by Article 161 of the LC RF.
The communal property also includes the interior premises. The obligation to clean these areas is also approved by law, as well as the maintenance of the rest of the common property of residents.
Therefore, the owners of an apartment building have every right to demand the fulfillment of this obligation by the Criminal Code.
Emergency situations include:
Elimination of all these malfunctions is the responsibility of the management company of apartment buildings. The expenses for the maintenance of the emergency service of the Criminal Code must be compensated from its own funds received in the order of payment for its activities.
Attention! In case of emergencies, the Criminal Code does not have the right to collect any additional fees from residents.
If the UK does not have its own emergency service, it is obliged to conclude an agreement with an outside organization specializing in such activities.
The concept of the local area includes all the land located around the MKD, the boundaries of the territory are determined by land management documentation.
This entire site is the property of the residents, therefore, the Criminal Code, which has assumed the responsibility for maintaining the common property, is obliged to maintain the sanitary and hygienic condition of this site. Calculations of the cost of cleaning and beautification of the area depend on its size.
The owners of the premises should be aware that there is a minimum list of MC services that they are required to pay for. It is impossible to refuse payment for any service included in it (GD No. 290 of April 03, 2013).
The price for services is compiled on the basis of an estimate compiled by experts, depending on the technical characteristics of a particular house and the tariffs of resource supplying organizations. The total amount is divided among all tenants.
Payment of housing and communal services is distributed among all owners of premises and is included in monthly receipts. The receipt contains all the necessary details for transferring funds to.
Payment can be made in the following ways:
The Criminal Code may also, by law, demand from the owners the repayment of a penalty in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation within a period of up to 90 days of delay. After 90 days, the rate will be equal to 1/130 of the Central Bank of the Russian Federation.
Sewerage belongs to the common house economy. Blocking it, you can cause damage to the entire house. That's why The Criminal Code does not have the right to block the sewer for debts.
If such a fact occurred, the company's actions are illegal. You can safely go to court.
The law of the Criminal Code provides such a right. Through the court, she can recover the debt if the owner did not pay the management company for the use of housing and communal services for more than 6 months.
The package of services provided by the Management Company to the owners of residential premises is determined by the concluded agreements. It can be minimal, defined by law, or extended, depending on the wishes of the owners. The management company is obliged to qualitatively fulfill the obligations under the concluded agreements. Know that you can always go to another.
If you find an error, please highlight a piece of text and click Ctrl+Enter.
Often, management companies turn out to be unscrupulous, for example, they take money for mythical services or do not carry out mandatory work. Therefore, residents of apartment buildings are eager to find out what the management company should do and what work is included in the range of their duties. In the article we will tell you what the Criminal Code is, what rights and obligations the management company of apartment buildings has, how to control its activities.
The management company isa legal entity that manages apartment buildings, maintains common house property, maintains the proper technical and sanitary condition, and supplies utility resources to apartment owners.
A company that manages MKD (multi-apartmenthouse) are chosen by the owners of real estate - they have the right to terminate the contract with one management company and conclude it with another. Unlike the HOA, the management company is a third-party organization. The homeowners association is formed from apartment owners - at least all tenants have more influence on the HOA compared to the MC.
All CCs are divided into three types:
📑 Managers.They only work on their own content community property and management, for example, organize the collection of funds for utilities. For the provision of utilities, technical and sanitary maintenance, such companies involve contractors who work under contracts.
📑 Hybrid.Usually these are large organizations that perform all the services prescribed by law: they maintain common house property, manage the house, and are responsible for the technical and sanitary condition. In addition, they provide utilities and other services to apartment owners.
📑 Operational.This is a less common form of company. In this case, the CC concludes treaty with HOAs represented by the board, chairman or directly with apartment owners. The company is engaged only in the operation, technical and sanitary condition of common house real estate.
Powers and functions of the management company, its rights and obligations are spelled out in a variety of regulations. Activities are strictly regulated by various documents. The main ones are:
All duties of management companies are prescribed in the legislation. Conventionally, they can be divided into two large groups: work on the operation of MKD and the implementation of repair work and services of a managerial, organizational nature.
The work on the operation of the MKD, the implementation of repair work includes:
🔸 regular inspection of common house property, identification of damage - representatives of the management company are required to inspect the entire building at least twice a year from the foundation to the attic, fix the identified violations;
🔸 ensuring general and fire safety, for example, controlling the illegal installation of tambour doors, maintaining passages in proper condition;
🔸 carrying out preparatory activities before the start of the winter period - for example, checking the operability of the heating system, supplying fuel to your own boiler room;
🔸 maintenance of common house property - screwing in light bulbs in porches, replacing broken glass in windows in porches, replacing old tiles with new ones, and so on;
🔸 landscaping and landscaping of the territory adjacent to the house, if it belongs to common house property - replacement of benches with new ones, maintenance of the playground;
🔸 elimination of accidents and their consequences in MKD, for example, pumping out water from basements after a break in heating pipes;
🔸 maintaining cleanliness in the entrances, their cleaning - hiring a cleaner to sweep, wash the floors in the stairwells;
🔸 maintaining the working condition of communications, networks inside the house - the management company can repair them on its own or contact service providers;
🔸 transportation of garbage, liquid household waste - the company can also take out the garbage and organize the drain of concrete goods on its own or resort to the help of contractors;
🔸 installation and operation of common house payment metering devices for common house needs;
🔸 work on more efficient use of electricity, for example, the installation of energy-saving light bulbs instead of incandescent lamps.
Management and organizational services also include many types of work. They include:
▪ registration of all residents of the house - owners, with temporary registration, living under social and ordinary employment contracts;
▪ detection of malicious non-payers and those who consume resources bypassing meters using illegal connection;
▪ payment accounting - who pays and how much, who does not;
▪ storage, ensuring the integrity of all documentation for the MKD, including passports;
▪ informing owners about tariff plans, for example, printing and posting relevant announcements;
▪ interaction with enterprises that provide the supply of utility services, quality control of the services provided;
▪ holding meetings of residents, providing a report on the work done and a plan for the year at least once a year.
There is responsibilities of the Criminal Code under the Housing Code: Organizations cannot refuse them. In some cases, management companies may change certain obligations and rights, depending on the current regional amendments. The exact list of obligations and rights of the company is specified in the contract with it. Study it to understand what the UK does, what it is responsible for, and what is outside its area of activity.
Obligations of housing and communal services and management companies exist inseparably from their rights. The rights of the Criminal Code are also spelled out in the legislation, and are also duplicated in contracts and may differ in some cases. Most often, the management company has right :
📍 require apartment owners and tenants to pay for services in full;
📍 charge a penalty if the owner or tenant MKD does not pay for services on time;
📍 check the correctness and reliability of the information of metering devices that residents submit to the Criminal Code - at least once every six months;
📍 restrict tenants in public services, for example, if owner does not pay for services;
📍 demand tothe tenants provided access to the apartments to employees of emergency and other services to eliminate accidents, inspect, and repair communications.
Simply put, the management company has the right to do everything to fulfill its obligations. For example, the UK is responsible to utility providers for their full and timely payment, therefore it has the right to restrict access to resources to those who do not pay for them.
Responsibility of the management companyspelled out in numerous pieces of legislation. In accordance withDecree of the Government of the Russian Federation No. 354 , the Criminal Code is liable for failure to perform or improper performance of its duties. She is accountable to tenants, contractors, and inspection organizations for just about everything. To tenants - for the quality of services provided, to contractors - for timely payment for services and access to communications for maintenance, to inspecting organizations - for the proper condition of common house property, communications, and so on.
You can see,What is the management company responsible for?in agreement with her. Regardless of what is written in it, the Criminal Code may also incur administrative responsibility under the Code of Administrative Offenses. For example, she may be fined for:
🚫 violation of sanitary and epidemiological requirements for the operation of residential premises, drinking water - if the tap water does not meet the standards, the Criminal Code will receive a fine;
🚫 violation of the requirements for the maintenance, current repair of the house, for example, if the repair work is not completed in full;
🚫 failure to comply with the deadlines for the decision of the bodies or officials that exercise control;
🚫 violation of business rules for managing apartment buildings, for example, if tenants receive double receipts.
If the management company has many serious violations, it may be removed from the management of the apartment building. In this case, you will have to conclude an agreement with another management company or organize a homeowners association and manage the MKD on your own.
According to current legislation, management companies are required to collect tenants and report to them on the work carried out at least once a year. Even if such an obligation is not spelled out in the contract with the Criminal Code, she is still obliged to do this under the Housing Code of the Russian Federation. The management company also has the right to hold general meetings of tenants more often, for example, to prepare documents for each season.
Legislation also imposes requirements on the content of the report. According to the LC RF, it must be complete and comprehensive. The document must contain information about:
🔧 the work carried out, their characteristics: the representatives of the management company must explain what and when they repaired, what work they carried out;
💰 the amount spent on current repairs, maintenance of common house property;
⏱ the works planned for the next reporting period, their characteristics, the required amount for maintenance.
The owners of apartments in the MKD must approve the report and the work planned for the next period. If they do not approve the document, the management company is required to change it to a state in which the tenants will approve the plans.
Thus, it is possible to control the activities of the management company according to the annual reports from it. For example, if something in the state of common property does not suit you, you can put forward the issue of repair at a meeting. The management company will most likely include repairs in the plan and carry out the necessary work.
The report not only showswhat does the management company dobut also helps to identify violations. For example, if the document refers to some work that actually did not exist, you have the right to demand an explanation from the representatives of the Criminal Code and not agree on the report, but write a claim and return part of the funds for services not rendered.
Residents of apartment buildings also have the right to control the activities of the Criminal Code in other available ways. For example, you can contact the representatives of the management company and ask them to justify the prices for utilities or talk about the current financial condition. This became possible with the adoption№273-FZ. Also, the planned and carried out works can be viewed on special state portals. For example, on the site"Reform of housing and communal services" you can get information about the overhaul, contact details and other information about the management company itself, view the management history, house book and other information about the MKD. service from a large list, try to resolve the situation peacefully. Contact the management of the Criminal Code and find out what the reason is: perhaps it’s just a human factor, and after your appeal the situation will normalize.
If the violations are critical, the Criminal Code refuses to terminate the contract with you, deceives that this is impossible, or prevents you from changing the company in another way, you need to act decisively. The first step is to draw up a written claim addressed to the head of the management company. Write a claim and indicate in it:
📩 the name of the official to whom you are making a claim - usually this is the head of the management company;
📩 your data - last name, first name, patronymic, address of actual registration;
📩 the essence of the claim - ask to justify why some services were not provided, where the money was spent or why the company did not complete the planned work;
📩 date, signature and its transcript.
Be sure to make a claim in duplicate. You will give one to the representative of the Criminal Code, and keep the second. Your copy must be stamped with acceptance, signed by an official, such as a secretary, and stamped by the organization. When you file a complaint, you will be advised of a deadline within which a written response will be sent. It can be set by the Criminal Code itself, but usually it does not exceed 30 business days.
If the management company did not answer anything or sent a banal reply, you can complain to higher supervisory authorities. For example, write a statement to the prosecutor's office, draw up an appeal to Rospotrebnadzor or the Housing Inspectorate. State bodies will be required to conduct an audit and, if serious violations are identified, take action. For example, bring the Criminal Code to administrative responsibility or sue. You can write a statement of claim to the court on your own, but for this you need to contact an experienced lawyer. Collective statements work better: the more people express their dissatisfaction, the higher the chance to win the court.
Management company - a legal entity that manages an apartment building. He has many responsibilities: to monitor the quality of public services, to carry out routine repairs of common property, to inspect house and identify malfunctions, prepare MKD for the heating season, report to the owners on the work carried out and planned. Residents have the right to control the work of the Criminal Code, write complaints. In turn, the company has the right to do everything to fulfill its direct duties.
Important: since 2014, in order to carry out its activities, the management company must obtain an appropriate license. This document is issued by Goszhilnadzor. In order for the management company to obtain permission to manage an MKD, a number of conditions must be met, including the availability of resources and technical and material base.
The license does not expire, but can be revoked in case of violations. After the activity of the Criminal Code has become licensed, state supervision is exercised over it.
Both the state and clients impose quite high requirements on management companies. MCs have a lot of responsibilities, but most companies provide only a limited number of services.
Tenants who enter into contracts with the CM are required to know what they can demand from the CM. To do this, there is a mandatory list of services provided by the housing and communal services management company for the maintenance of housing, prescribed in the contract.
The main obligations of the management company for the maintenance of the MKD include:
The responsibilities of the management company in the provision of maintenance and repair services include:
At the same time, the management company must provide the owners with a report on the work done and the expenditure of funds. To do this, the tenants prepare a request and submit it to the management of the Criminal Code. If it was found that the company is carrying out its activities with violations, it is necessary to contact the regulatory authorities.
Common property is all premises that do not belong to the apartments of residents. The common house property also includes the building itself, the adjacent territory and various non-residential facilities located on it.
The rights and obligations of the management company of an apartment building for the maintenance of common house property are obligated to maintain this property, repair and clean it if necessary.
The management company is also obliged to control the degree of deterioration of heating systems, water supply, electricity supply, etc. Inspections of such systems to eliminate defects should be carried out systematically.
In addition, the UK provides services for the removal and disposal of garbage.. To do this, the company's management usually enters into an agreement with the relevant organizations.
The management company is not obliged to take out bulky garbage.
We are talking about appliances, furniture and building materials, which residents often take out to the entrance in the hope that they will be removed.
In order to dispose of such waste, it is necessary to conclude an additional contract.
And the removal of bulky waste will be carried out for a fee. You should be aware that if there is no such document, residents do not have the right to leave it near garbage cans. There is a penalty for this.
All land, which, according to the documentation, belongs to MKD and residents, must be maintained by the management company. This area includes:
The management company provides services to maintain cleanliness and order on the territory - this is its main task. In other words, the house adjoining site must be landscaped and landscaped. But often some management companies avoid these responsibilities, shifting them to the owners.
Therefore, sometimes you can see that there are no organized playgrounds, parking lots, etc. near an apartment building. If the company is not engaged in landscaping the local area, you must contact the housing inspection or the prosecutor's office.
The owners of the premises in the MKD can be organizations, that is, legal entities.
And they can cooperate with resource-supplying organizations directly, and not through the management company.
But legal entities, as well as individuals, still conclude an agreement on the maintenance of a house with the Criminal Code.
If the apartment owners have decided that the management company will provide additional services, legal entities are required to participate in the signing of the contract. Organizations can pay for the work of the Criminal Code both in cash and non-cash. It all depends on what's in the agreement.
The Housing Code of the Russian Federation contains the main duties that a management company must fulfill when cooperating with residents of an apartment building. As for the list of additional services that the management company can provide, it is not specified in the regulations.
Such services most often include the provision of security for MKD and the local area, installation of an intercom, food delivery, etc. But the company does not have the right to impose them on residents. Owners independently determine whether there is a need to order such services.
Moreover, their provision implies additional costs. Additional services of the housing and communal services management company, and their prices, are also indicated in the contract.
The management company can carry out its activities only after an appropriate agreement is concluded with the residents of the apartment building. The contract is drawn up either with each owner individually, or with their authorized representative.
The procedure for concluding an agreement with the UK is as follows:
It is forbidden for the parties to make changes to the document on their own. With regard to terms, the contract cannot be concluded for a period of less than 1 year. The maximum validity of the document is 5 years.
In the contract between the management company and the owners of the apartments, it is necessary to indicate:
The termination of the contract can be carried out unilaterally by the tenants if the management company does not comply with its terms or serious violations have been identified.
The management company has enough responsibilities, but there are also certain rights. These include:
These are the main powers that the law gives to management companies, but if necessary, additional rights may be specified in the contract. However, all activities of the Criminal Code should be aimed at respecting the interests of residents and representing them in public institutions.
The management company is obliged to bear certain responsibility for its activities on the maintenance of the MKD. The most common offenses committed by CCs are:
If the management company does not properly maintain the property of residents, it may be fined at least 50 thousand rubles.
And problems with the provision of utilities can cost the management company 10 thousand rubles.
Violation of the established fire safety rules or sanitary standards provides for administrative liability and a fine of 200 thousand rubles.
All affected tenants can complain about the illegal actions of the management company or its inaction. A standard complaint can be sent to the housing inspectorate.
If we are talking about the recovery of material compensation for the damage caused, then you should go to court. But the claim should be filed if the victim has enough evidence.
According to the legislation of the Russian Federation, there is a list of management company services that tenants are required to pay. Cancellation of payment is not possible. The cost of the services of the management company and the payment of utilities depends on a large number of factors, including the tariffs of resource supply organizations.
In each region of the country, the amount of payment for the maintenance of MKD is different. After the total amount is calculated, it is divided by all residents of the MKD.
The Housing Code of the Russian Federation establishes that tenants are required to pay:
The cost of major repairs is most often set by regional authorities, and the price for utilities is set by energy commissions.
The owners of apartments in a residential building often use the services of a management company.
It is more convenient and profitable than self-management of an apartment building.
Since the Criminal Code is a legal entity, it can carry out its activities only on a contractual basis.
Should the management company do anything for free? Services of the Criminal Code are obligatory paid. For the convenience of the owners, the total amount is simply distributed among all tenants and included in the rent receipt. The bank details of the management company are also indicated there. Payment can be made using a bank, post office, etc.
Any management company is engaged in the maintenance of an apartment building, therefore it is obliged to monitor its technical condition. And, accordingly, eliminate all emergencies.
The actions of the management company in case of accidents are described by the rules for the operation of the housing stock, and contain all possible types of accidents and breakdowns, as well as the time frame during which the management company specialists are required to eliminate them.
The most common emergencies are:
The owners of apartments in a residential building, after concluding an agreement with the Criminal Code, have the right to demand that the company eliminate these and other accidents. And the company, in turn, is obliged either to maintain an emergency service at its own expense, or to conclude a contract with the appropriate organization.
It will provide specialists to perform work on demand. Important: for the elimination of emergency situations, the Criminal Code does not have the right to take any additional funds from residents.
The range of duties and services provided by the management company during the maintenance of a residential building is quite wide. But the apartment owners themselves decide what exactly they need from the management company. Having decided on the choice of services, they should be indicated in the contract, specifying the amount of the fee and the responsibility of the management company.
If necessary, the range of services of the company can be expanded. And if the duties of the managing organization and the services it provides are not fulfilled, it can always be changed.
If you find an error, please highlight a piece of text and click Ctrl+Enter.
