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Managing an apartment building is a very complex process that requires knowledge in various areas of legislation. This is especially true of legislative acts adopted in the field of housing and communal services. The number of adopted documents is increasing every year and it is very difficult to understand all this. Living in apartment buildings is very different from living in a private house. First of all, this is due to the numerous problems and solutions that need to be solved together by the majority of owners. To maximize the efficiency of house maintenance, you first need to resolve the issue of managing an apartment building, which is suitable for all owners. To do this, you need to choose a method for managing an apartment building.

Management of an apartment building by a management organization

The management of an apartment building by a management organization is the most common form of residential building management. This method is convenient for several reasons. Firstly, any number of houses located in any territorial location... Secondly, the form of management of the MA is primarily a commercial organization, which was created to make a profit. Therefore, it is only the director of the organization and by no means the owners who decide what salary the company's employees will have. Thirdly, the managing organization can conclude management contracts with both the whole house and the HOA or the whole housing cooperative, if the owners vote for it. It is also possible to provide services not for the management of the house, but only for its maintenance. This method is very convenient for residents who have chosen a direct form of management or where payments are made directly.

Conclusion of a management agreement for an apartment building

In order for the managing organization to conclude a management agreement for an apartment building and start managing it, the owners must elect it by a majority vote. At the meeting of owners, tariffs for the maintenance and repair of housing should also be established, according to which the organization will work, and issues about the use of the common property of the house should be resolved. For example, basements for employees of the organization and other organizational moments. After the meeting, the beginning of the management of the house will be the date of the conclusion of the management agreement, which must be concluded with the majority of the owners of the entire house. The management contract will be the main document in accordance with which the work on the management of the house will be carried out. My advice is to read this document as carefully as possible. Of course, the management organization is obliged to comply with all the norms of housing legislation and there should be no deviations. But as often happens in modern legislation, some concepts can be blurred and therefore they can be clarified in the management contract as it is beneficial to the managing organization.

With all these advantages, the MA, unlike other forms of management of apartment buildings, is more susceptible to inspections and supervision in general. An owner who understands where to go with a complaint in case of failure of the MA on a specific issue will always be able to get certain works to be carried out. The managing organization is obliged to carry out all work in accordance with the rules for maintaining the common property of an apartment building, to ensure the provision of utilities, adhere to the rules for the implementation of activities for the management of apartment buildings and comply with other norms and rules in their work.

Sample contract for the management of an apartment building

When managing an apartment building by a managing organization, it is responsible to the owners of the premises for the provision of all services and performance of work. She is obliged to ensure the proper maintenance of the common property in this house and their quality, which must meet the requirements of technical regulations and established by the Government. Russian Federation rules for maintaining common property in an apartment building, as well as for the provision of utilities, depending on the level of improvement of this house.

In this case, pay attention to the contract for the management of an apartment building. Sign only after making sure that it includes all the services necessary for a comfortable stay in your home. You can view an example of a management contract and download it.

The procedure for managing an apartment building

The procedure for managing an apartment building is governed by the rules for the implementation of activities for the management of apartment buildings. They were approved These rules define the standards for the management of multi-apartment residential buildings, which describe the responsibilities of management companies, their powers and norms of interaction with owners. In the order of management, the rules for storing technical documentation of a house and transferring it to another management company in case of re-election, obligations to conclude contracts for the provision of utilities, obligations to disclose information about the company's activities, prepare proposals for setting tariffs for the maintenance and repair of housing in accordance with the minimum a list of works in a residential building, as well as the work of the emergency dispatch service.

Multi-apartment building management license

One of the main innovations in the field of management of multi-apartment residential buildings was the adoption of the law on the licensing of management organizations. In accordance with the additions to the Housing Code of the Russian Federation, only managing organizations are required to obtain a license to manage apartment buildings. This was done so that the supervisory authorities had the opportunity to eliminate negligent companies from the market for the provision of housing and communal services without the right to restore their activities, as well as to exclude events when several organizations manage one apartment building.

The very process of obtaining a license to manage an apartment building does not carry a special burden for a new company. It is enough to apply to the State Housing Inspectorate with an appropriate application, pass the exam to the head of the managing organization, pay for the state. duty and, in general, this is the end of the process. If the managing organization does not cope with its responsibilities and the supervisory authorities receive constant requests from citizens from a particular house, then the GZI can either exclude a particular house from the register of houses that are managed by the MA or revoke the license to manage all houses. These innovations were supposed to help make the market for management organizations more understandable and transparent.

- coordinated activities of the owners of premises to create and maintain favorable and safe living conditions in this house, ensuring the proper maintenance of OI, solving issues of using this property, providing CU to citizens living in this house. House management is carried out by the owners of the premises independently or by choosing a management method. Therefore, s Legislation provides for ways to manage MKD, there are only three of them (part 2 of article 161 of the Housing Code of the Russian Federation, see the table below):

1. direct management of the owners of premises in MKD, the number of apartments in which is no more than 30;
2. management of a HOA or a specialized consumer cooperative (ZhK, ZhSK);
3. management of the MA.

Table "Methods of MKD control"

Methods of managing MKD - refers to the competence of the general meeting of owners of premises (hereinafter - UTS). The management method for an apartment building is selected at the UTS and can be selected and changed at any time based on its decision. The decision of the USSP on the choice of a management method is mandatory for all owners in an apartment building (part 3 of article 161 of the RF LC).

Direct way of control

With this method of management, the UTS selects organizations to provide maintenance services and (or) to perform work on the OI repair. All or most of the owners of premises in such a house act as one party to the contracts concluded (part 1 of article 164 of the RF LC).

In relations with third parties, he has the right to act (part 3 of article 164 of the LC RF):

- one of the owners in the house, authorized for these actions by the decision of the USSP;

- another person who has the authority, certified by a power of attorney issued to him in writing by all or most of the owners of premises in the house.

note: the conclusion of an agreement for the management of apartment buildings with a direct method of management of housing legislation is not provided.

When choosing direct control of the MKD, it is advisable to choose:

1. contractors;
2. MKD council or an authorized person who will act on behalf of the owners and in their interests.

Utilities are provided directly by the RNO. Each owner concludes contracts for the supply of CU on his own behalf (part 2 of article 164 of the RF LC).

The service of MSW handling is provided by a regional operator for MSW handling (part 11.1, article 161 of the RF LC) under a separate agreement with each owner.

The duties of the RNO do not include the maintenance of in-house utilities. The RNO is responsible for the supply of KU of proper quality to the boundaries of the OI and the boundaries of the external networks of engineering and technical support of MKD. The agreement between the owners and the RNO may define a different limit of responsibility (part 15 of article 161 of the RF LC).

Responsibility to the owners of the premises in the MKD for the maintenance of the OI and the provision of CU are borne by the organizations with which they have concluded contracts (part 2.1 of article 161 of the RF LC).

The quality of work and services must correspond to:

• concluded contracts;
• the requirements of the Rules for the maintenance of common property and the Rules for the provision of utilities.

Management of MKD by a homeowners' association

According to Part 2 of Article 161 of the ZhKRF HOA is one of the ways to manage an apartment building. The creation, structure and activities of the HOA are regulated by Sec. VI ZhK RF.

Advantages of TSN (HOA) are as follows.

Members of the board, including the chairman, are the owners of the premises in your house, who are not indifferent to the condition of the roof, utilities, elevators and other common share property.

The HOA is obliged to represent the legitimate interests of the owners of premises in the apartment building (Art. 137 of the Housing Code). This means that by organizing an HOA in your home, you will never be left alone with problems.

Any member of the HOA has the right not only to know where and how his funds are spent, but also to influence this process, ensuring the quality of housing services he needs, and through the board of the HOA - and utilities.

The creation of an HOA will ensure the proper quality of the provided housing services simply because you yourself will control the execution of work and the expenditure of funds.

Homeowners association provides an opportunity to earn additional funds that will be used to improve the quality of life in the house. Additional income to the HOA budget can be obtained from the lease of the OI, from additional services provided to the owners of premises (i.e. those that are not included in the list of basic services provided by the partnership to its members without charging additional fees (installation of entrance doors, repairs in the apartment, etc.)).

Membership in a HOA forms the consciousness of active owners, which means that residents will be more careful about their home.

By making common decisions, you will finally get to know your neighbors. And this is useful, including from a security point of view.

If you live in a new building, then the competent management of the HOA will allow you not to think about the Kyrgyz Republic for many years, open a special account for the accumulation of contributions for overhaul.

Membership in a HOA allows you to move from solving the problems of ensuring the life of the house to the tasks of improving the quality and comfort of living.

The main advantage of the HOA- with the right choice of the HOA board, you not only decide for yourself how much money you will spend on maintaining your home, but you can also be sure that these funds will go to solve the problems of your home.

Management of MKD by the managing organization

Management Methods MKD completes the management of the MA (managing organization).

To recognize the method of managing MKD by the managing organization, the following conditions must be met:

1. the owners made a decision on the choice of the MKD management method - management of the MA;
2. selected a specific managing organization;
3. approved at the meeting the draft management agreement (with essential conditions);
4. the owners with more than 50% of the votes of the total number of votes of the owners in this house have entered into an agreement for the management of the MKD with the elected UO (part 1 of article 162 of the RF Housing Code);
5. within 30 days, the MA began to fulfill its obligations, unless another period is specified in the MKD management agreement (part 7 of article 162 of the RF LC).

UO — entity regardless of the organizational and legal form or individual entrepreneur who carry out activities for the management of apartment buildings on the basis of a license (part 4.2 of article 20 of the Housing Code).

MA is a commercial organization, the main purpose of which is to generate profit from the provision of services and (or) performance of work in the management of apartment buildings.

There are the following features of the management of the UO (part 6.2, 13 article 155, part 1 article 157, part 2.3, 10, 10.1, 11 article 161, part 7, 10, 11 article 162 of the ZhKRF):

At first, MA is responsible to the owners:

• for the provision of services and (or) performance of work that ensure the proper maintenance of the OI;
• for providing KU depending on the level of home improvement.

Secondly, The MA is obliged to commence the implementation of the management agreement no later than 30 days from the date of its signing.

Thirdly, The MA receives payment for the provided KU and makes settlements with the RNO for the supplied utilities and water disposal, with the regional operator for the provision of services for the management of MSW.

Fourth, The MA has the right to give proposals to the OSS on the list of works and services (management of MKD, maintenance, current and overhaul repairs of the OI) and on the amount of the corresponding fee.

Fifth, The MA is obliged to report to the owners on the implementation of the management agreement for the previous year annually during the first quarter of the current year and place the report in the GIS Housing and Communal Services.

At sixth, UO is obliged to place in the GIS Housing and Communal Services information on the activities of the management of MKD.

The MA is responsible for the performance of all work and the provision of services in accordance with the provisions of the current legislation and the terms of the management contract. The MA has the right to carry out work on its own or with the involvement of contractors and does not have the right to refuse to conclude contracts with the RSO and the regional operator for the management of MSW (part 12 of article 161 of the RF LC).

The MA, at its discretion, engages contractors to carry out the work. Accordingly, owners in MKD are not empowered to select contractors and determine the conditions under which a particular contractor is involved.

Only one UO can manage the MKD (part 9 of article 161 of the RF LC).

Recently, it became possible for the owners of the premises to move to.

Methods of MKD control: differences.

The management organization wants to oblige the owner of the premises to conclude a management agreement for the MKD

The management organization wants to recognize the actions of the local government body on the selection of the management organization for the management of the apartment building illegal, since the owners of the premises have already chosen the management organization

The owner of the premises wants to reimburse the losses incurred by him as a result of an emergency in the MKD

The managing organization is ordered to terminate the management of the apartment building

The new management organization wants to collect money from the predecessor for the repair (maintenance) of the common property of an apartment building

See all situations related to Art. 161 ZhK RF MKD

1. Management of an apartment building must ensure favorable and safe living conditions for citizens, proper maintenance of common property in an apartment building, solving issues of using said property, as well as providing public services to citizens living in such a building, or in cases provided for in Article 157.2 of this Code, constant readiness of utilities and other equipment that are part of the common property of owners of premises in an apartment building for the provision of utilities (hereinafter - ensuring the readiness of engineering systems). The Government of the Russian Federation sets standards and rules for the management of apartment buildings.

(see text in previous edition)

1.1. The proper maintenance of the common property of the owners of premises in an apartment building should be carried out in accordance with the requirements of the legislation of the Russian Federation, including in the field of ensuring the sanitary and epidemiological well-being of the population, on technical regulation, fire safety, protection of consumer rights, and should ensure:

1) compliance with the requirements for the reliability and safety of an apartment building;

2) safety of life and health of citizens, property of individuals, property of legal entities, state and municipal property;

3) the availability of the use of premises and other property that is part of the common property of owners of premises in an apartment building;

4) observance of the rights and legitimate interests of the owners of premises in an apartment building, as well as other persons;

5) the constant readiness of utilities, metering devices and other equipment that are part of the common property of owners of premises in an apartment building to supply the resources necessary for the provision of public services to citizens living in an apartment building, in accordance with the rules for provision, suspension and restrictions provision of utilities to owners and users of premises in apartment buildings and residential buildings established by the Government of the Russian Federation.

1.2. The composition of the minimum list of services and works necessary to ensure the proper maintenance of common property in an apartment building, the procedure for their provision and implementation are established by the Government of the Russian Federation.

1.3. The activity for the management of apartment buildings is carried out on the basis of a license for its implementation, with the exception of the case of such activity being carried out by a homeowners' partnership, housing cooperative or other specialized consumer cooperative and the case provided for in part 3 of Article 200 of this Code.

2. The owners of premises in an apartment building are obliged to choose one of the methods of managing an apartment building:

1) direct management of the owners of premises in an apartment building, the number of apartments in which is not more than thirty;

(see text in previous edition)

2) management of a homeowners' association or a housing cooperative or other specialized consumer cooperative;

3) management of the managing organization.

2.1. In the implementation of direct management of an apartment building by the owners of premises in this building, persons performing work on the maintenance and repair of common property in an apartment building, providing cold and hot water supply and carrying out water disposal, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating ( heat supply, including the supply of solid fuel in the presence of stove heating), the handling of solid municipal waste, are responsible to the owners of premises in this house for the fulfillment of their obligations in accordance with concluded agreements, as well as in accordance with the rules for maintaining general property in an apartment building, the rules for the provision, suspension and restriction of the provision of utilities to owners and users of premises in apartment buildings and residential buildings.

(see text in previous edition)

2.2. When an apartment building is managed by a homeowners' partnership or a housing cooperative or other specialized consumer cooperative, the said partnership or cooperative is responsible for the maintenance of common property in this building in accordance with the requirements of technical regulations and the rules for maintaining common property in an apartment building established by the Government of the Russian Federation, for the provision of utilities. services depending on the level of improvement of this house, the quality of which must comply with the requirements established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of communal services to owners and users of premises in apartment buildings and residential buildings, or in cases provided for in Article 157.2 of this Code, for ensuring readiness of engineering systems. The specified partnership or cooperative may provide services and (or) perform work on the maintenance and repair of common property in an apartment building on their own or engage, on the basis of contracts, persons carrying out the relevant activities. When concluding an agreement for the management of an apartment building with a management organization, the said partnership or cooperative shall exercise control over the fulfillment by the management organization of obligations under such an agreement, including the provision of all services and (or) performance of work ensuring the proper maintenance of common property in this building, and the provision of utilities. services depending on the level of improvement of this house, the quality of which must meet the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of utilities to owners and users of premises in apartment buildings and residential buildings.

(see text in previous edition)

2.3. When managing an apartment building by a managing organization, it is responsible to the owners of premises in an apartment building for the provision of all services and (or) performance of work that ensure the proper maintenance of common property in this building and the quality of which must comply with the requirements of technical regulations and the maintenance rules established by the Government of the Russian Federation common property in an apartment building, for the provision of utilities, depending on the level of improvement of this building, the quality of which must meet the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of utilities to owners and users of premises in apartment buildings and residential buildings, or in cases , provided for in Article 157.2 of this Code, for ensuring the readiness of engineering systems.

(see text in previous edition)

ConsultantPlus: note.

When changing the method of managing an apartment building or choosing a managing organization, you can decide to maintain the previous procedure for the provision of utilities and payments for them (Federal Law of June 29, 2015 N 176-FZ).

3. The method of managing an apartment building is selected at a general meeting of owners of premises in an apartment building and can be selected and changed at any time on the basis of its decision. The decision of the general meeting on the choice of the management method is mandatory for all owners of premises in an apartment building.

(see text in previous edition)

3.1. When the management of an apartment building is terminated by a homeowners' partnership, a housing or housing construction cooperative, or another specialized consumer cooperative, the said partnership, cooperative, within three working days from the date of the decision of the general meeting of owners of premises in an apartment building to change the method of managing such a building, are obliged to transfer technical documentation for an apartment building and other documents related to the management of such a house, keys to premises that are part of the common property of owners of premises in an apartment building, electronic access codes for equipment that is part of the common property of owners of premises in an apartment building, and other technical means and equipment required for the operation and management of an apartment building, a person who has assumed obligations to manage an apartment building, or in the case of choosing a direct method of managing an apartment building of his own The tenant of a room in an apartment building specified in the decision of the general meeting of owners of premises in an apartment building on the choice of a direct method of managing an apartment building, or, if such an owner is not specified, to any owner of a room in such an apartment building.

4. The local self-government body, in the manner established by the Government of the Russian Federation, shall hold an open tender for the selection of a managing organization in the cases specified in part 13 of this article and part 5 of article 200 of this Code, as well as if, within six months before the date of holding of the specified competition, the owners of premises in an apartment building did not choose the way to manage this building or if the decision to choose the way to manage this building was not implemented. An open tender is also held if, before the expiration of the term of the management agreement for an apartment building, concluded as a result of an open tender, the management method for this building has not been chosen, or if the decision to choose the management method for this building has not been implemented.

(see text in previous edition)

4.1. Information about an open tender for the selection of a management organization is posted on the official website of the Russian Federation in the information and telecommunications network "Internet" for posting information about the bidding (hereinafter - the official site on the Internet). The Government of the Russian Federation determines the official website on the Internet and the body authorized to maintain it. Prior to the determination by the Government of the Russian Federation of the official website on the Internet, a notice of an open tender shall be posted on the official website of the municipality in the information and telecommunications network Internet, and also published in the official printed publication intended to publish information on placing orders for municipal needs ... Information about the holding of the specified tender should be available for familiarization to all interested parties without charging a fee. Information about the results of the open tender is posted on the website in the information and telecommunications network "Internet", on which information about its holding was posted, no later than three days from the date of determination of such results, and is also published in the official print publication in which information about conducting it.

5. The local self-government body, within ten days from the date of the open tender provided for in part 4 of this article, notifies all owners of premises in an apartment building of the results of the said tender and the terms of the contract for the management of this building. The owners of premises in an apartment building are obliged to conclude a management agreement for this building with a management organization selected based on the results of an open tender provided for in part 4 of this article, in the manner prescribed by article 445 of the Civil Code of the Russian Federation.

6. The local self-government body, no later than one month before the expiration of the contract for the management of an apartment building specified in part 5 of this article, shall convene a meeting of owners of premises in this building to decide on the choice of a method for managing this building, if such a decision was not previously made in accordance with with part 3 of this article.

(see text in previous edition)

7. Any owner of a premise in an apartment building may apply to the court with a demand to oblige local governments to choose a management organization in accordance with the provisions of part 4 of this article.

(see text in previous edition)

8.1. It is not allowed to conclude a management agreement for an apartment building based on the results of an open tender or if the said tender is declared invalid, earlier than ten days from the date of posting information about the results of the said tender on the official website on the Internet. This requirement does not apply until the Government of the Russian Federation determines the official website on the Internet.

9. An apartment building can be managed by only one management organization.

(see text in previous edition)

(see text in previous edition)

10.1. The managing organization is obliged to provide free access to information on the main indicators of its financial and economic activities, on the services provided and on the work performed for the maintenance and repair of common property in an apartment building, on the procedure and on the conditions for their provision and implementation, on their cost, on prices (tariffs) for the provided utilities by placing it in the system. The procedure, composition, timing and frequency of placement in the system of information on the management of an apartment building and the provision for review of the documents provided for by this Code by a homeowners' partnership or a housing cooperative or other specialized consumer cooperative that manages an apartment building (without concluding an agreement with the management organization ), are established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of information technology, together with the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and utilities, unless a different period for posting this information in the system is established by federal law.

(see text in previous edition)

11. In the case provided for in Article 157.2 of this Code, the managing organization, a homeowners' association or a housing cooperative or other specialized consumer cooperative that manages an apartment building, in the manner prescribed by the Government of the Russian Federation, must:

1) provide resource supplying organizations, a regional operator for handling solid municipal waste with information necessary for calculating utility bills, including on the readings of individual metering devices (when such readings are provided by the owners of premises in an apartment building and tenants of residential premises under social employment contracts or contracts for the lease of residential premises of the state or municipal housing stock in this house of the management organization, a homeowners' partnership or a housing cooperative or other specialized consumer cooperative) and collective (common house) metering devices installed in an apartment building;

2) monitor the quality of communal resources and the continuity of their supply to the boundaries of the common property in an apartment building;

3) accept from the owners of premises in an apartment building and tenants of residential premises under social rental contracts or contracts for the rental of residential premises of the state or municipal housing stock in the given building on violations of the requirements for the quality of utilities and (or) the continuity of provision of such services, violations in the calculation the amount of payment for utilities and interact with resource supplying organizations and the regional operator for the management of solid municipal waste when considering these appeals, checking the facts set forth in them, eliminating identified violations and sending information on the results of considering appeals in the manner established by the Government of the Russian Federation;

4) provide resource supplying organizations with access to common property in an apartment building to suspend or restrict the provision of utilities to owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or rental agreements for residential premises of the state or municipal housing stock in this building or by agreement with resource supplying organizations to suspend or restrict the provision of utilities to owners of premises in an apartment building and tenants of residential premises under social rental contracts or rental contracts for residential premises of the state or municipal housing stock in this building.

(see text in previous edition)

11.1. With the direct management of an apartment building by the owners of premises in an apartment building, the municipal solid waste management service is provided to the owners and users of premises in this building by the regional operator for solid municipal waste management.

12. Management organizations, homeowners' associations or housing cooperatives or other specialized consumer cooperatives that manage apartment buildings may not refuse to conclude, in accordance with the rules specified in part 1 of Article 157 of this Code, contracts, including with respect to communal resources consumed in the maintenance of common property in an apartment building, with resource supplying organizations that provide cold and hot water supply, water disposal, electricity supply, gas supply (including supply of domestic gas in cylinders), heating (heat supply, including supply of solid fuel in the presence of stove heating), and a regional operator for the management of solid municipal waste, except for the cases provided for in part 1 of Article 157.2 of this Code. The validity period and other conditions of the said contracts, concluded, inter alia, in relation to the acquisition of communal resources consumed in the use and maintenance of common property in an apartment building, are established in accordance with the rules specified in part 1 of article 157 by part 4 of this article, an open tender. Within ten days from the date of the open tender, the local government notifies all persons who have received from the developer (the person providing the construction of an apartment building) after issuing him a permit to put the apartment building into operation of the premises in this building under a deed of transfer or other transfer document, on the results of an open tender and on the terms of the contract for the management of this house. These persons are obliged to conclude a contract for the management of this house with a management organization selected based on the results of an open tender. If, within two months from the date of the open tender, the owners have not concluded a management agreement with the management organization, such an agreement shall be deemed concluded on the terms determined by the open tender.

part 7 of article 46 of this Code. In the event of the sale or otherwise alienation of the first premises in this apartment building, the owners of premises in this apartment building within one year from the date of sale or otherwise alienation of the first premises in this apartment building must select such owners at a general meeting and implement the method of managing this apartment building ...

15. The organization that supplies the resources necessary for the provision of utilities is responsible for the supply of these resources of proper quality to the boundaries of the common property in the apartment building and the boundaries of the external networks of engineering and technical support of this building, unless otherwise provided by an agreement with such an organization.

15.1. The regional operator for the management of municipal solid waste is responsible for the provision of municipal solid waste management services starting from the place of accumulation of municipal solid waste, unless otherwise specified by the contract.

(see text in previous edition)

16. The person who is responsible for the maintenance and repair of common property in an apartment building, within the scope of the provision of these services, is obliged to ensure the condition of the common property in an apartment building at the level necessary for the provision of public services of adequate quality.

17. Management of an apartment building, in respect of which the owners of premises in an apartment building have not chosen the way to manage such a building in the manner prescribed by this Code, or the chosen management method has not been implemented, the management organization has not been determined, including due to the recognition of the open tender for the selection as invalid a management organization conducted by a local government body in accordance with this Code is carried out by a management organization that has a license to carry out entrepreneurial activities for the management of apartment buildings, determined by a decision of the local government in the manner and under the conditions established by the Government of the Russian Federation. Such a managing organization carries out activities for the management of an apartment building until the owners of premises in an apartment building choose a method for managing an apartment building or before concluding a management agreement for an apartment building with a management organization determined by the owners of premises in an apartment building or based on the results of an open tender provided for in part 4 of this article, but no more than one year.

An apartment building (MKD) is an engineering structure that requires constant care and attention and needs improvement.

Who should do this: home owners or hired professionals? The owners of square meters in a building are given the opportunity by the state to independently choose how to manage a high-rise building.

Residential property owners can act:

• on their own;
• by creating an HOA;
• by appointing a management company (MC).

The method of management is chosen by the homeowners at a general meeting. They can also change it to another, more profitable, in the opinion of the majority.

Direct management of an apartment building

This is a collective form of management. It provides for the direct participation of residents. That is - each owner of residential square meters independently cooperates with organizations serving real estate. With this method, the presence of the Criminal Code is optional. But in practice, it is most often present.

With direct management, you do not need to create a legal entity. The senior housekeeping or house committee manages the high-rise building. All questions on its maintenance are discussed at the general meeting.

According to Art. 164 of the RF LC, homeowners have the opportunity to choose their representative to act on their behalf and protect their legal rights. He is authorized to sign agreements and cooperate with various companies, organizations and government agencies. Such a representative of the interests of homeowners can even be a person who does not own square meters in a high-rise building.

With direct management, it is possible to conclude exclusively direct contracts. This is done by each owner of residential square meters.

The chairman of the house council is empowered to conclude contracts on behalf of all owners. To do this, they must draw up a notarized power of attorney in the name of the senior in the house.

In order to sign agreements with the other party without intermediaries in direct management, the following documents are needed:

• a copy of the minutes of the general meeting of real estate owners, in the decision of which the method of management in the MKD is fixed;
• a copy of the document by which the authorized representative or chairman of the council of the house was elected, interacting with companies supplying utilities and resources, on behalf of all owners;
• copy of the registration certificate for the MKD;
• a statement to the director about the signing of direct contracts.

Direct management of an apartment building: pros and cons

Advantages

• Homeowners must renegotiate utility bills themselves. This is beneficial for the owners of square meters, because they are only responsible for themselves and will not suffer losses due to an oversight of the Criminal Code or because of its debt. In this case, tenants will make all payments directly to the service providers.
• When there are no intermediaries, no one will have the opportunity to ascribe extra amounts and no one can make a typo in their favor and minus the homeowner.
• The owners of the apartments are responsible for the debts. Neighbors of debtors in this case will not suffer in any way. All payments are clear, the cost of additional services is divided among all the inhabitants of the house. The issues of restoring order, re-equipment and other problems are discussed and resolved together.
• To keep a high-rise building in excellent condition, you need to perform technical work. This is done by the property owners themselves and at their expense, or with the help of a hired company. At the same time, you need to take care of signing a correctly drawn up document, in which the list of services provided and the terms are clearly stipulated.

disadvantages

• Actions aimed at improving the local area and common premises are only voluntary. For example, if the majority of residents want to equip their entrances with video intercoms, and some apartment owners refused, it is impossible to make them pay. Therefore, it will be necessary to proceed from the amount that was collected.
• Choosing an authorized representative at home can also be a problem. He is responsible for the preparation of documentation and other aspects. But, since this is an unpaid position, with this method of management, it is rather difficult to find someone who wants to take it.
• Each entrance has approximately 15 apartments. Their tenants themselves renegotiate contracts with service providers and then pay the cost of the services provided. Someone has to control the timely calculations.
• The quality of the services provided can be a big problem. Their suppliers are legally chosen by the homeowners themselves. If the quality of the supplied resources or the terms are violated, it is necessary to ensure that the terms of the signed agreements are respected. It is often difficult to find a person among the tenants who will monitor the implementation of agreements.
• A house that has passed into direct management should not depend on the budget of the municipality. In this case, it is impossible to get help from representatives of local self-government or the state in the form of implementing social programs. For example, if it is necessary to install a playground for children or a ramp for the disabled, residents will have to do it using their own resources or efforts. At the same time, all technical standards stipulated by the state must be observed.
• When maintaining documentation, questions may also arise. Some tenants are reckless or poorly versed in financial reporting.
• The house cannot qualify for the city's money, which is allocated for flow and major repairs. These expenses fall on the shoulders of the owners of square meters in a high-rise building.

Direct management of an apartment building in 2016. Changes

Federal Law No. 255, in effect since 2015, limited the options according to which the right to direct management of residents in a high-rise building is granted. It is allowed only in MKD, the number of households in which does not exceed sixteen. In order to transfer the rights and obligations in the administration of home ownership from apartment owners to the management company, all apartment owners, without exception, need to draw up a document between the management of the apartment building and the organization they will elect. The terms of this cooperation are determined, agreed upon and fixed by the owners of the square meters in the minutes of the general meeting. The contract is concluded and drawn up in writing. It provides equal rights for all apartment owners.

The current legislation of 2016 stipulates that if the term of such an agreement has expired and its parties do not intend to terminate it, then the management agreement in the MKD automatically continues to operate on the same grounds and for the same time.

If the MKD is managed directly by the tenants and they jointly elected one of the apartment owners as their authorized representative, then, according to the legislation of 2016, this person can perform his functions without a power of attorney.

If the owners of housing in MKD have chosen an authorized representative who is not the owner of square meters in the house, then in order for him to fulfill his powers, he needs a power of attorney from the homeowners. The 2016 laws set a simple written form for this type of agreement. A sample option, if necessary, will be provided by specialists.

Management of an apartment building by a management company

The MC is a commercial legal entity that assumes the right to manage the property of MKD by the decision of the general meeting of real estate owners. The management organization creates the necessary conditions for life in a high-rise building and provides housing and communal services to its inhabitants. She represents the interests of the residents.

The Criminal Code acts in accordance with the norms of all-Russian laws, the Civil Code of the Russian Federation and according to agreements on house management in MKD. The Russian Housing Code speaks only of the managing organization.

Legal entities that manage the housing stock are most often independent entities. They have their own balance sheet, bank accounts, seal, documentation, stamps and other details.

Who orders the services of the management company?

• Owners of real estate in MKD (individuals and legal entities of the Russian Federation, municipalities owning part of the square meters in the building).
• Homeowners' associations (ZhK, ZhSK, HOA).
• State authorities, constituent entities of the Russian Federation (regional authorities, local government that owns real estate in the house).

How do owners of real estate in MKD choose the management company?

This is done with:

• competition;
• the list, which is being prepared by the initiative group.

When the management company is finally selected, an agreement is signed between the parties (the management company and the owners of real estate in the high-rise building).

If the owners of square meters at the time established by law have not decided how to manage the apartment building, then the local government holds an open tender in order to select the Criminal Code in accordance with Resolution No. 75.

If the customer of the services of the management company for the management of the apartment building is the HOA (ZhSK, ZhK), then the direct method of managing the apartment building is carried out not by the management organization, but by the listed associations of real estate owners. But even in this case, the HOA and the Criminal Code sign an agreement between themselves. It may stipulate detailed conditions for interaction - greater or less than provided for in Article 162 of the RF LC.

Home management HOA

Another form of management in an apartment building is the formation of a housing cooperative or a homeowners' association (HOA). The general meeting of real estate owners creates an organization that does not engage in entrepreneurial activity (cooperative or HOA). Its main function is maintenance of high-rise buildings.

The HOA has its own bank account, its own seal and represents the interests of the owners of real estate in the building to third parties.

The main law that determines the functions of the HOA is article 161 of the 8th section of the RF LC.

All topical issues are resolved at general meetings of members of the organization. They

• make changes to the Charter;
• make decisions about reorganization and liquidation;
• elect the governing bodies;
• conclude contracts and other agreements with the management company;
• determine the amount of payments;
• decide how to use the funds, whether to get loans and credits;
• evaluate the activities of the board;
• pay for the work of the organization's management;
• lease material assets of the house.

The HOA Board is its executive body, which is elected by the meeting. In its activities, it is guided by the charter, which regulates the powers of this body, the frequency of meetings, and the time of activity.

The HOA Board performs the following functions:

• signs contracts with specialists;
• controls fundraising;
• reports on the expenditure of money and the effectiveness of the conduct of financial and economic work;
• convenes and conducts meetings;
• maintains documentation: notifies members of the organization about the planned general meeting, keeps minutes, draws up decisions of meetings, lists of participants;
• contains in an acceptable state the material values ​​that are on the balance sheet of the HOA;
• monitors the observance of obligations by the owners of real estate and protects their rights during the exploitation of common property;
• represents the interests of the owners of square meters in the building.

The HOA is authorized to enter into an agreement with any organization to manage the work. In this case, all the necessary functions will be carried out by professionals who have all the technical capabilities for these tasks. All rights and obligations of the parties are prescribed by the contract. Services of the Criminal Code are paid from the general treasury of the HOA.