How to competently move from one management company to another. Transition by law: how to move from an HOA to a management company? How to choose and organize, tips for replacing partnerships

If the owners of apartments in an apartment building are dissatisfied with the managing organization, they can change it. There is a special procedure and certain rules on how to competently change the management company, or switch to the direct form of managing the owners of the premises of an apartment building, or create an HOA for this purpose. In this article, we will talk about how to change the managing organization correctly.

What you need to change the management company

It is not uncommon for apartment owners to believe that the management company provides them with low-quality or incomplete services. In such a situation, the tenants of an apartment building have the right to submit a demand for renegotiation of the management agreement in order to amend and supplement it. What sections of the document most often need editing? First of all, this is a list of works and services of the management company for the maintenance of the house, which does not meet the requirements of the State Construction Committee. In addition, it is often necessary to supplement the contract with information on how the management organization monitors the fulfillment of its obligations, what is included in the common property, and also in what order the amount of the fee for the services of the management company changes.

In order to renegotiate a management contract, you must:

1. require the management company to study the management agreement;
2. compare the content of the agreement with the norms contained in the Housing Code of the Russian Federation (part 3 of article 162);
3. describe the disagreements in the protocol and present it to the Criminal Code;
4. if there is such a need - to form a working group with the participation of the managing organization to draw up an agreed text of the contract;
5. consider the adoption of an agreed management agreement at a general meeting of residents;
6. demand from the Criminal Code a copy of the agreed contract;
7. provide the agreed text of the contract to apartment owners for study and signing;
8. approve the main provisions of the agreement at the general meeting of tenants;
9. if the management company refuses to negotiate the contract with the apartment owners, they may decide to change the management company and start the appropriate procedure.

Why do owners decide to change the management company in an apartment building

The obligations of the management company must be clearly indicated in the contract that the tenants of the apartment building conclude with it. The reason for replacing the Criminal Code in most cases is its failure to fulfill its duties or their performance is not up to the mark. The decision to change the management organization is often made by apartment owners due to the inaccessibility and opacity of information about the company's activities (the law obliges the management company to disclose information about its work to residents).

So, the most common reasons for changing the management company include the following.

• Low quality services provided:

• non-compliance with the thermal regime in the cold season;
• irregular water supply, lack of hot water;
• garbage collection with delays, etc.

• Maintenance of common property in poor condition:

• elimination of breakdowns of common house property and equipment is untimely (there are strict time limits for the performance of these works);
• lack of or poor-quality repair, cleaning of the territory and other works.

• Hiding dataabout your own work.
• Untimely response to complaints from apartment owners, failure to fulfill their obligations.

If there are facts of inaction of the management company, apartment owners should file complaints. Each case of failure of the management company to fulfill its obligations must be documented with the drawing up of acts that will later serve as the basis for changing the management company.

If the Criminal Code does not respond to complaints and continues to ignore its direct duties, cooperation with it must be ended. The law provides for the right of owners to change the management company at the end of the contract. It is prohibited to terminate it during the first year of operation of the Criminal Code.

Expert opinion

The activities of a good management company should be transparent for apartment owners

Yu.M. Fedorov,

expert of the magazine "Management of an apartment building"

Preventing the appearance of debts among tenants of an apartment building is a more effective tactic than its collection. The better the management company fulfills its obligations, the higher the volume of payments collected, the more trust the company enjoys among apartment owners. When drawing up a strategy for its work, the managing organization must carefully analyze the needs and wishes of the residents of the MKD.

Is it possible to change the management company in a new building

After putting the house into operation, it begins to be serviced by the appropriate organization - the management company. In most cases, the developer, taking care of his own benefit, offers and advertises the services of a subsidiary in every possible way. In addition, the company that built the MKD can involve in cooperation the management company that is involved in servicing houses in the area.

What is the benefit of engaging a subsidiary management company of a developer?

• Utilities are provided immediately after the owners have received the keys to the apartments.
• With a high degree of probability, the developer will control the maintenance of the house in good technical condition, because this will directly affect its reputation.
• The subsidiary management company is competent in solving any engineering issues.

Cooperation with a subsidiary management company of the developer has its drawbacks, among which are the following:

• financial flows will pass not only through the management company, but also through the developer;
• the managing organization will be able to artificially inflate the amount of utility payments;
• using a "pocket" organization, the management company will be able to ignore the claims of residents;
• the company will be able to dispose of the adjoining territory as the construction company deems necessary.

When drawing up an agreement with the management company, residents have the right to indicate in it a list of those works and services that they expect to receive from her. However, this option is not available when working with a subsidiary managing organization of the developer.

To prevent any of the above situations from happening, when moving into new buildings, many apartment owners decide to change the management company and give preference to independent organizations. They have the right to do this only after at least 50% of the residents move into their apartments. With this indicator, the owners will have the right to form various partnerships, which, at meetings, decide how to change the management company.

2 ways to change the management company in the house

Method 1. When the contract expired

The moment when the contract expires is the best time to change the management company.

If none of the parties has expressed a desire to terminate the agreement, it is automatically extended. To clarify the validity of the contract, you must contact the administration directly or the management.

Method 2. When the contract is still in effect

It is much more difficult to change the managing organization if the terms of the contract have not yet ended. If the owners of MKD apartments have already decided on the choice of a new management company, it will be she who will terminate the previous contract. However, in the event that the HOA has not yet been selected, the owners themselves will have to take up the matter.

According to Art. 450 of the Civil Code of Russia, it is possible to terminate the contract before the expiration date in several ways.

1. By agreement of the parties.

It is applied in the event that the owners of all apartments agree to change the managing organization. First, it is necessary to draw up and sign an agreement with the operating company, which discloses the algorithm for transferring to successors all documentation regarding the MKD, funds for settlements with service providers, unused materials, funds for repairs, etc. After the acceptance is carried out, you need to conclude an agreement with a new managing organization.

1. According to the current agreement.

Some MKD service contracts contain information about the rules for terminating them. Usually, if the owners informed the management company about their intention to terminate cooperation a month in advance, the company is automatically released from its obligations.

1. In accordance with Art. 45 of the Civil Code of the Russian Federation.

This article serves as the basis for terminating the contract in the event of an unforeseen development of events. If one of the parties does not recognize the existence of this, the contract can be terminated by going to court.

1. According to other laws.

The Housing Code of the Russian Federation (Article 161) enshrines the right of apartment owners to change the management organization. This can be done by creating an HOA, which will refuse the services of the Criminal Code and will manage the MKD.

However, with such a course of events, the algorithm for terminating the contract is not legally regulated. If these rules are not spelled out in the service agreement, its termination must be carried out at the general meeting in the manner described earlier.

1. Judicially.

In case of significant violations of the terms of the agreement by the management company, apartment owners have the right to file a lawsuit in court to terminate the service agreement. Article 450 of the Civil Code reveals notion of material violations, which are:

• non-compliance with the temperature regime in apartments;
• the presence of non-working elevators;
• irregular water and electricity supply;
• roof damage, etc.

The management company violates the terms of the service contract not only when it is inactive in the presence of violations, but also in case of non-compliance with the deadlines. Having considered the evidence provided, which are the complaints and acts of the residents to the management organization itself or to the controlling authorities, the court terminates the agreement.

The agreement with the management company is signed by the owners of all apartments, so the decision to go to court must be made by the general meeting of residents. During the discussion, an authorized group is formed, each of whose participants receives powers of attorney from the owners of all apartments. The law does not provide for owners to apply to the court on their own behalf.

For a long time, Russian courts did not recognize the right of general meetings of tenants to decide to change the management company in the absence of evidence of a significant violation of the terms of the contract by it. But, relying on the Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation of November 22, 2011 No. 7677/11 in case No. A65-11798 / 2010-SG3-14), the courts have changed their position over the past few years.

Today, MKD management contracts have a mixed structure, including elements of a contract for the provision of services and a contract with a predominance of the former. This fact means that the unilateral procedure for terminating the agreement at any time can be applied by the owners not only when the management company does not comply with its terms. The grounds for terminating the contract may be the choice by the tenants at the general meeting of a different way to manage the house or the decision to change the organization.

In other words, having once chosen a certain Criminal Code and a method of managing an MKD, apartment owners are not deprived of the opportunity to change them, and for this it is not at all necessary to document the facts of violations by managers. By the way, the Criminal Code can also unilaterally waive its powers in relation to a particular house.

Change the housing and communal services management company and select a new management company

When choosing a new management company, the initiative group of residents should consider the following factors:

• availability of a license (FZ No. 255 of July 21, 2014 states that a managing organization can operate only if it has a state license);
• the nature of relations with the administration and work experience;
• level of organizational work;
• volumes of funds, founders;
• how many houses are managed by this organization;
• what is the condition of the material base and documentation of the company;
• how open and transparent the organization's activities are;
• whether the management company seeks to apply an individual approach when working with homeowners;
• how quickly the company responds to requests from apartment owners;
• qualifications and experience of employees;
• the ratio of the number of technical workers and managers;
• algorithm of work with utility providers, tariff policy.

The state registers of the constituent entities of the Russian Federation contain information about all management companies that have a license. This information is open, you can find it on the official websites of the Housing Supervision bodies of state executive power.

If the apartment owners were unable to choose a management organization on their own, local governments hold an open competition to determine the company that will manage the MKD. The law states that the competition must be announced within 3 days after the general meeting, during which the tenants announced the decision to change the management company, and held 30 days after its announcement.

The procedure for carrying out the change procedure

Stage 1. Formation of the initiative group

The initiative group of owners, which is organized by the council of an apartment building when changing the Criminal Code, may include members of the board of the HOA or any other owners of apartments in this MKD. She has legal access to any documents related to the house, including the cooperation agreement with the managing organization.

Stage 2. Collection of necessary documents

An initiative group of owners begins to collect documents in order to justify the need to change the management company. The law obliges managers, at the request of apartment owners in MKD, to provide all the necessary papers for review. In case of refusal, the owners should require a formal written response.

CC must provide:

• acts of work performed and services rendered (for the last year);
• acts of inspection of engineering networks at home (for the last 2 years);
• service or management contract.

In the absence of documents, the Housing Code of the Russian Federation obliges the managing organization to issue the missing acts at its own expense.

After studying the documentation and drawing up a list of claims, an initiative group of owners holds a general meeting of residents. To ensure a quorum, notices of this event are sent to addresses no later than 10 days before the date of the event. An initiative group of owners prepares registered letters with a notification, handing them to each owner against signature. The meeting is declared invalid if even one owner has not received an official warning.

In addition, to inform each tenant, a announcement containing the following information:

• in what form the meeting is held - in person or in absentia (voting);
• Full name and passport details of each initiator of this meeting;
• time, place, date of the event;
• venue, date of commencement and termination of acceptance of ballots - in case of absentee voting;
• the agenda of the event. The law prohibits changing the list of issues at a general meeting, as well as considering aspects that were not included in the meeting plan;
• in the case of absentee voting, ballot papers should be included in the messages, which indicate the full names of the chairman, members of the counting commission, as well as the secretary;
• how the apartment owners were notified about the place and time of the event.

Stage 3. Calling a meeting

To change the management company, you must terminate the service agreement with it. This decision can be made exclusively by the general meeting of owners of MKD apartments. The interests of tenants in this case are represented by members of the municipality. In the minutes of the general meeting, it is necessary to indicate the facts of violations of the terms of the contract by the Criminal Code, as well as justify all claims against managers.

Decisions of the general meeting of owners are valid if the event was attended by the owners of apartments in this MKD or their representatives, who have more than 50% of the votes of their total number. The decision on the issue of changing the Criminal Code is made by a simple majority of the owners who were at the vote (in the event that more than half of those present vote in favor). In other words, if more than half of the tenants were at the meeting and more than 50% of them were in favor of changing the management company, the rest should obey. At the same time, the number of votes of one or another owner does not depend on the number of people, but on how many square meters of the apartment and the total area of ​​​​the house belong to this tenant.

The issue of choosing a new management company is a mandatory item on the agenda of the meeting.

Stage 4. Selection of new managers

Before holding a general meeting of owners, the initiative group prepares a list of possible candidates, and also asks them to submit proposals regarding:

• service agreement forms;
• repair of MKD;
• a list of home maintenance services;
• tariff policy, etc.

By the date of the general meeting of MKD owners, it is necessary to prepare an agreement with the company. The list of works and services for the maintenance and repair of the house, which should ensure its safety and suitability for human habitation, have the right to determine the apartment owners themselves. In order to correctly compile the minimum list, it is advisable to contact the services of a specialist. The Housing Code of the Russian Federation (Article 162) defines list of items that must be included in the contract:

• the composition of the common property of the MKD, which will be the responsibility of the managers of the house. For example, at a general meeting, apartment owners may decide to transfer building structures and engineering equipment to the maintenance of the management company. At the same time, it is not at all necessary to include the adjacent territory in the managed property; residents can hire a janitor or take care of it on their own;
• a list of works and services for the maintenance and repair of common house property, as well as utilities; the procedure for making changes to these lists;
• algorithm for calculating the amount of contributions for utilities, as well as for the maintenance and repair of MKD; indication of payment methods.
  Attention! Tariffs for utility bills are approved by regional and local authorities, and the list of housing services and their cost are independently approved by apartment owners;
• the progress of control over the activities of the Criminal Code. The law protects the rights of tenants and obliges the management company to provide apartment owners with an annual report on the work to fulfill the contract.

Stage 5. Making minutes of the meeting

The Housing Code of the Russian Federation does not contain clear requirements for the execution of the minutes of the meeting of residents of MKD. It must be drawn up in writing and signed by the members of the counting commission, the chairman and the secretary. During the general event, only the issues contained in the agenda should be considered. In other words, the decision to select new managers may be invalidated if it was made, but was not included in the plan of the meeting.

When drafting a protocol, the following aspects must be taken into account:

• notification of interested parties and owners of all apartments about the meeting of MKD owners;
• voting progress;
• agenda;
• the procedure for informing the Criminal Code about what decisions were made at the meeting and when the powers of managers are terminated (Article 45 of the LC RF);
• procedure for informing residents and interested parties, including those who did not participate in the meeting.

Stage 6. Notification of the former and newly elected Criminal Code

After the general meeting, the residents of the MKD must inform the new organization of their desire to be under its management, as well as the old one about their intention to leave it. To do this, the owners hand over the minutes of the meeting to both companies.

After the general meeting of residents decided to change the management company, the managers have 30 days to transfer all the technical documentation about this MKD to the new management company.

In some cases, the owner of the premises in the MKD can appeal in court the decisions that were taken by the general meeting of residents no later than 6 months after their approval. In what situations is this possible?

• if the owner was present at the meeting and participated in the voting, but was in the minority, and his legal rights and interests were infringed;
• when, for one reason or another, the owner of the premises was absent from the meeting and does not agree with the decisions that were made, believing that they violate his rights and interests.

The claim may not be accepted by the court if:

• violations are not significant;
• the decision that one of the owners wishes to appeal has not caused him any loss;
• the vote of this tenant is not capable of changing the outcome of the vote.

The Housing Code of the Russian Federation (part 6, article 20) states that the bodies of municipal housing control and state housing supervision can go to court with the aim of:

• recognize the MKD management agreement as invalid;
• liquidate the partnership;
• recognize the decisions taken by the general meeting of apartment owners as invalid.

Appeal to the court in this case is possible in the following situations:

• upon detection of violations of the procedures for the formation of a partnership of owners, the choice of a management company, the preparation and signing of an agreement on the management of MKD;
• when the instructions to eliminate the inconsistency of the charter of the partnership and the amendments made to it with the mandatory requirements were not fulfilled within the established time limits.

Transfer of documentation from one management company to another

So, 30 days before the MKD management agreement expires, the management company must transfer information related to the management of this house to its successors. However, in reality, interested parties often have to file a lawsuit, because cases when managers do not want to transfer technical documentation or simply do not have it are quite common.

Guided by the Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation of March 30, 2010 No. 17074/09 in case No. A40-73182 / 08-19-483, in most cases, the courts make the following decisions on such claims:

• provide the new management organization with documentation for the house, if the management company that has been decided to change has it;
• restore lost documents in their absence and transfer them to new managers.

In addition, there is a rule on the replacement of execution, according to which the “new” MC can restore the lost documents on its own, recovering the costs incurred from the predecessor company. Correctly executed and signed by the parties acts of acceptance and transfer of MKD for management will serve as proof that the former managing organization does not have all the necessary documentation.

The management company can take advantage of the expiration of the general limitation period in the event that its successors demanded the transfer of documentation after three years from the date of expiration of the management agreement. However, this rule does not apply when transferring registration cards of citizens. According to the Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation of September 6, 2011 No. 1089/11 in case No. A60-5559 / 2010-C3, these documents are drawn up during the registration of citizens in residential premises of the municipal, state and private housing stock and are of a public nature.

The procedure for the execution of a court order on the restoration and transfer of the lost technical documentation to the selected management company is quite complicated. In this case, lawyers recommend that the plaintiffs petition for the court to establish astrent as the responsibility of the former managing organization for non-execution of the court decision. Paragraph 3 of the Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation dated April 4, 2014 No. 22 states that astrenet is a sum of money that the defendant must pay in favor of the plaintiff in case of non-execution of the court decision on a voluntary basis before the due date.

In practice, cases are very common when management companies refuse to transfer the affairs of a newly elected organization, not recognizing in this way the decisions of the general meeting of residents. Therefore, the owners of premises in the MKD, who wish to change the Criminal Code, should take this issue with the utmost responsibility. Each violation of the rights of tenants must be recorded in writing. The package of documents that will be required to remove the organization from managing the house must contain:

• copies of complaints of apartment owners to state control bodies or directly to the managing organization;
• acts of non-compliance with standards;
• copies of resolutions on bringing the Criminal Code to responsibility for improper performance or non-performance by it of its duties.

The newly elected managing organization has the right to complain to the housing inspectorate and the prosecutor's office, as well as to apply to the arbitration court if the previous Criminal Code does not recognize the results of the general meeting of residents of the MKD.

If it is not possible to change the management company by the efforts of the residents of the MKD, the apartment owners can file a complaint with the Department of Municipal Economy. According to Art. 165 of the Housing Code of the Russian Federation, this organization will check the activities of the Criminal Code, and, if the facts of violations are confirmed, initiate a general meeting of apartment owners in this house.

If you want to change the management company in the shortest possible time and with minimal time, contact the services of intermediary firms that help residents of MKDs deal with unscrupulous management companies. The cost of their services can vary from 30 to 100 thousand rubles.

• Three rules for concluding contracts with resource-supplying organizations when accepting / transferring MKD

Expert opinion

On the transfer of documents of registration of citizens

YES. Nesterenko,

expert of the reference system "Management of an apartment building", lawyer

If the former management company, during its work, accepted and transferred documents on registering the registration of citizens to the appropriate authorities, its obligation is to transfer these papers to the successor organization. Having received a refusal, the newly elected MC has the right to:

• file a lawsuit with an arbitration court demanding the transfer of documents of registration of citizens to the former Criminal Code. Practice shows that in most cases the courts satisfy such claims. This is confirmed, for example, by the appeal ruling of the Murmansk Regional Court dated August 7, 2013 No. 33-2614-2013, as well as the decisions of the FAS of the Moscow District dated September 21, 2011 in case No. A40-73182 / 08-19-483 and dated September 17, 2013 in case No. А41-53549/12;
• report to the GZhN authorities about the violation by the predecessor company of the Maintenance Rules in terms of the transfer of technical documentation, bringing it to administrative responsibility in accordance with the requirements of the Code of Administrative Offenses of the Russian Federation (Article 7.23.2).

How to get a refund after changing the management company

If the apartment owners regularly paid all the bills, however, due to poor-quality service, they decided to change the management company, then they have the right to return to the balance sheet of the MKD the funds that remained on the accounts of the managers. What needs to be done for this? First of all, it is necessary to submit a request to the Criminal Code for the provision of a report on financial and economic activities, which consists of:

• a list of work performed with an indication of their cost;
• contracts with contractors;
• budget documentation;
• certificates of work performed, etc.

Studying the report will give the owners of MKD apartments an idea of ​​what work was carried out and by whom, how much money was spent, and most importantly, how much was left on the accounts of the management company. The responsibility of the managing organization is to transfer this amount to the account of the successor company or the HOA (in the event of a change in the form of management). In this situation, events can develop according to the following scenarios.

1. It is possible to change the management company without any problems. Employees draw up an act of acceptance and transfer of MKD, provide a report that does not raise questions from apartment owners, and transfer unused funds to the account of the new management company (HOA).

2. The procedure for changing managers is accompanied by difficulties. Often, the management company insists on further maintenance of the house or seeks to use the remaining funds on paper, which is why information about outstanding services or work appears in the reports.

If there is a suspicion that the owners of apartments in the MKD were cheated, then the lawyers of the new managing organization or the chairman of the HOA can order a construction and technical expertise. After submitting its results to the court, you can demand compensation from the former Criminal Code:

• unused funds;
• legal fees, if required;
• expenses for construction and technical expertise.

3. In some cases, the owners of apartments in MKD find a negative balance on the account of their house. In this case, the former Criminal Code imposes a debt on the tenants, the amount of which can reach hundreds of thousands of rubles.

What could be the reasons for this situation?

1. Residents of MKD during the voting decided to carry out repairs "on account of future payments." In this case, the management company has the opportunity to drive the apartment owners into a debt hole. Before changing the management company or creating an HOA, the owners will have to pay the managers for the services provided and the work performed.
2. The management organization carried out repairs without first putting this issue to the vote of the residents. However, according to the requirements of the Housing Code of the Russian Federation, the costs of current repairs must be approved by the apartment owners at a general meeting. If the repair was not emergency, the law does not oblige the owners to pay for it.

Whatever the scenario, events develop, it is important to remember that each ruble listed in the Criminal Code must be used strictly for its intended purpose.

Expert opinion

Criminal fraud is a common thing

Vyacheslav Velichko,

director of a consulting company in the field of housing and communal services LLC "ZhKS-PRIMORYE"

In the housing and utilities sector, there are many schemes for fraud, which experienced managers are well aware of. It is extremely difficult for the layman to independently understand the estimates and reports, however, if you set to work, first study certain aspects.

1. Repair work

Often, in the reports of management companies, the cost of the work performed is really overstated. How? For example, in accordance with the documents, 5 meters of pipes were replaced in the basement, but in fact - only 2 meters. Or no one changed the pipes at all. In this case, managers hope that none of the apartment owners will run around the cellars with a tape measure in their hands. To resolve this situation, it is necessary to carry out a thorough initial inspection of the MKD. Here, the residents will have to take the acts in their hands and check everything: were the pipes replaced, how many new plastic windows appeared in the entrance, etc. If during the audit it turns out that according to the reports, the work was carried out, but in fact it was not, then the apartment owners should draw up a counter act and contact the management company with a claim for a refund.

1. "Bloated" estimates

It often happens that the work was completed, but the reports are reflected at an unreasonably high cost. What are the most commonly overpriced expenses? First of all, this is the cost of fuel and lubricants, as well as the price of building materials. In addition, VAT may be included in the price, even if the company operates under a simplified taxation system.

1. Services not performed

What to do if the report of the managing organization indicates the salary of a cleaner, but no one has ever seen her in your house? In other words, the MC regularly charged residents for work, but the service was not provided. In order to prove the fact of a violation of their own rights and demand a recalculation, the owners must have written complaints to the Criminal Code, as well as acts stating that the entrance was not cleaned.

According to the Center for the Study of Public Opinion, 10% of citizens consider the problems of housing and communal services to be one of the main troubles of the state. City residents suffer from inflated prices for utilities and from poor performance of the obligations imposed on the management company. We tell you how to change the management company in an apartment building or choose a new way to manage an apartment building.

Control methods

There are 3 types of control:

1. Direct control.
2. Management of an association of apartment owners or a housing cooperative.
3. UK management.

What is the difference between each method?

Direct control is possible only in small houses with up to 30 apartments. There are few such houses in large cities, so most high-rise buildings are served by HOAs and management companies.

In a house managed by the HOA, the chairman of the board is fully responsible for carrying out repairs, landscaping and other activities. ZhSK or HOA can conclude an agreement with the Criminal Code without changing the form of house management. In this case, the hired company will be responsible.

In a house under the management of the management company, the company sets all the working conditions on its own: tariffs, wages of subordinates. In addition, the management company has the right to serve any number of residential buildings.

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

Based on part 2 of Art. 161 of the Housing Code of the Russian Federation, owners must choose one of the management methods. Only one company can manage an apartment building.

Quite often, inspection bodies detect violations of established standards. For example, the same house is served by several organizations at once. Such violations lead to the following problems:

• improper maintenance of the house;
• different ways of forming a capital repair fund for one house and, as a result, different deadlines for carrying out the same work.

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

What is the most popular management method?

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

This method of management has existed for more than one year, and rarely does anyone want to change something in this well-established system. The desire to change the management company or create their own homeowners association is more often visited by residents of new buildings, in which the Criminal Code has already been appointed.

When does it make sense to change the way you manage?

To do this, there are objective indicators by which it can be understood that the Criminal Code is not coping with the obligations assigned to it. For example, if current repairs are not carried out or there is no information on financial and economic activities on official sources.

If there is a strong business executive in the asset of the house, you can transfer the management of the house into the hands of the HOA.

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

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

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

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

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

Who can initiate a Residents' Meeting?

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

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

How to gather all tenants for a general meeting?

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

Therefore, with the owners who could not attend the meeting, it is possible to conduct a face-to-face survey.

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If the owners of apartments in an apartment building are not satisfied with the managing organization, then they can change it. However, can they change more than one management company for another, but, for example, create their own HOA? Or vice versa, switch from the Criminal Code to the HOA? How to change the management company in an apartment building, and many other issues will be discussed in this article.

Is it possible to change the management company to another

The owners have the right to choose the method of government: for example, they can organize a partnership of homeowners, or they can give the board into the hands of the managing organization.

Since 2015, the rules for conducting activities for management companies have become much tougher: for example, they are required to be licensed. However, their work does not always bring satisfaction to apartment owners, especially since they pay decent money for house maintenance. That is why the question of how to change the management company in an apartment building is so acute.

Is it possible to change the Criminal Code to HOA and vice versa

If you are interested in a short answer, then it is positive: you can!

The most common reasons why owners decide to change the management company to an HOA are improper performance of services, as well as inflated tariffs. Inflated tariffs - this is the reason that can be explained. MCs are commercial organizations and therefore they cannot work without making a profit. It is rather difficult to prove the improper provision of services, however, everything is feasible if the owners are familiar with the norms that the management company must adhere to.

Some management organizations do not fulfill all their obligations specified in the agreement with the owners, and then the owners of residential premises also face the question of whether it is possible to change the management company, and if possible, it is better to change it to another similar one or create a homeowners association. It is possible to create a partnership after working with the Criminal Code, and even sometimes it is simply necessary.

In order to change the Criminal Code to an HOA, you need to make a decision to create a homeowners association, as well as be patient, because in practice most management companies are in no hurry to transfer the reins of government to homeowners associations.

It is also possible to change the HOA to the Criminal Code.

Change of HOA

The question of how to change the HOA to another partnership does not make much sense. In a house that has entrusted the reins of government to the HOA, there is usually only one partnership of owners and it will not work to move to another. However, you can re-elect the chairman of the homeowners association if the work of the previous one does not suit you.

In order to change the chairman of the HOA in accordance with all the rules, it is necessary to send each owner a notice of the meeting by registered mail. You can just notify everyone in the house about the upcoming meeting. For the meeting to be legitimized, at least 50% of the members of the HOA and also at least 50% of homeowners must be present.

During the meeting, an electoral process must take place in the form of an open or closed ballot, according to the results of which a new chairman will be selected. An obligatory element of any meeting of the HOA is the protocol. After the appointment of a new chairman, it is necessary to send notifications to the Federal Tax Service and other authorities about the change of chairman. INFS should also make an adjustment to the Unified State Register of Legal Entities of the partnership regarding its head.
Also at the meeting, a decision can be made to transfer the maintenance of the house to any management company.

You may also find it helpful to read this chart:

The legislative framework

Changing the management company in an apartment building is a question that was asked by every second homeowner. However, changing the Criminal Code in reality can be much more difficult, and therefore homeowners should understand the legislative basis for this action. The main regulatory act acting as a regulator of the activities of management companies is the Housing Code of the Russian Federation. According to the current housing code, you can find out the responsibilities of the Criminal Code, as well as the reasons why owners can change the Criminal Code.

Foundations

The owners of apartments in an apartment building can change the management company for the following reasons:

• at the request of the majority of the owners, expressed during the general meeting (in this case, it is appropriate to talk about the failure of the management company to fulfill its obligations or the increase in service tariffs by the management company);
• lack of a license from the Criminal Code;
• if the Criminal Code does not fulfill its obligations or fulfillment, but in an improper way.

Even one reason will be more than enough for the owners to move to another management company or completely change the type of government.

The procedure for changing the Criminal Code in an apartment building

The procedure for changing one CC to another involves the passage of several stages. Consider them:

1. The decision by the apartment owners that it is time to change the management company.
2. Selection of a new management company.
3. Transfer of the minutes of the meeting of the old and new Criminal Code.

In addition to these steps, intermediate stages are also implied, namely, holding meetings of the owners of apartments in a residential building. Several intermediate meetings can be held, as well as one main meeting, during which a decision will be made to refuse the services of the previous company, and also based on the results of which a decision will be made on the choice of a new organization.

Notification

In order for the main meeting to be considered legal, notice of the change of management company must be sent to each homeowner by registered mail no earlier than 10 days before the expected date of the meeting.

If at least one owner of the apartment is not notified, then the meeting itself and its results may be considered illegal. Also, in order for the results of the meeting to be legal, at least half of the total number of homeowners must be present at it.

The procedure for transferring documents

The selected authorized person, or the elected UK or the chairman of the HOA must apply to the old UK with an application for the transfer of documentation. The application should be accompanied by a passport, a protocol on the change of the Criminal Code, as well as a certificate of registration (if a representative from the HOA or the new Criminal Code applies to the old Criminal Code).

If the meeting at which it was decided to choose a management company was in absentia, then, among other things, a register of owners of premises in a non-residential building, a document confirming their notification of the upcoming meeting, as well as documents confirming the voting and the collection of a sufficient number of votes are attached to the application.

According to the current legislation (2017), the old management company can continue to perform its functions for no more than two months after the owners decide to change it.

The old Criminal Code is obliged to check the documents from the representative of the new Criminal Code or HOA within 2 days from the date of their receipt. If the old Criminal Code finds errors in them, then it is obliged to notify the sender about them.

If everything is in order with the documents, then the old Criminal Code begins the process of transferring documents to the new Criminal Code or HOA. The documents must be handed over to the new management company or HOA within a month before the new board becomes obliged to manage the apartment building.

Haven't got it all yet? Watch the video, it also tells everything as it should:

The procedure for changing the HOA to the Criminal Code

In order to change the partnership to a management company, it is necessary, as in the case of a change in the management company, to organize a meeting of owners, during which it is necessary to consider the issue of liquidating the partnership, and also decide on the management company. The algorithm of actions is similar to the one already described above.

1. The first thing to do is notify all owners of the meeting. When the quorum is met, the meeting can begin.
2. Based on its results, a protocol should be drawn up, which later will play an important role in the transfer of documents from the association of homeowners of the Criminal Code.
3. The first also has two months to complete all the affairs and transfer them into the hands of a new managing organization.

As you can see, it is not difficult to move from an HOA to a management company.

A separate issue is the refusal of the previous Criminal Code to transfer documents to the new Criminal Code. In this case, you can file a claim with the court.

Choosing a new management company

The selection of a new MC consists of several stages. Consider each of them:

1. preparatory activities. So, even before the meeting, it is necessary to know approximately which managing organization should be chosen, which one you want to change the existing one to. Also, the preparatory activities include sending notices about the upcoming meeting and its agenda.
2. Conducting a meeting. In order for the meeting to be considered legal, at least 50% of the total number of owners must be present at it. The protocol is considered to be the output. The decision is made by simple majority vote.
3. After the meeting, copies of the minutes must be made and sent to both the old and the new CC.
4. Conclusion of an agreement with the new Criminal Code.
5. Transfer of documents from the old Criminal Code to the new one.
6. Conclusion of new management contracts with resource-supplying enterprises.

If the tenants are not satisfied with the work of the managing organization (MA), it is worth thinking about changing it. For example, money intended for general house needs “leaves”. Or the management company has been declared bankrupt.

Changing the management company in an apartment building is not as difficult as it seems. How to do this correctly is discussed in the article.

Ways to change the management company

The LCD does not give the right to change the management company without reasons. There are a few stipulated limitations that need to be taken into account. After getting acquainted with them, residents independently choose the way to change the Criminal Code to make the process as easy as possible. These include:

1. Any violation of the MA management agreement may lead to the termination of the agreements, but unilaterally.
2. At the end of the term of the contract, the old MC can be replaced by a new one.
3. If the MA makes concessions and is ready to terminate the contract on its own.
4. Deprivation of a license for the activities of a managing organization (see Article 199 of the LC RF);
5. Change in the way of managing the house in connection with the transition from the HOA to the management of the funds of the Criminal Code or vice versa.

Note: The operating standards of the management company are regulated by Article 162 of the RF LC, on their basis, you can refuse to provide services. The term of the contract concluded with the Criminal Code cannot be less than one year and more than five years.

If a company cannot serve the territory allocated to it, provide comfortable living for all residents of an apartment building, then this is already a weighty reason to change it.

Holding a meeting of owners

To change the management company in an apartment building, you need to hold a general meeting. It must be attended by all tenants of the apartment building. Therefore, notices are prepared in advance indicating the place and time. It is advisable to do this two to one and a half weeks before the date itself.

Read also: Reducing the cadastral value of the land

If not all residents receive notifications, someone will be absent without a good reason - the meeting is considered illegal, and a decision will not be made. Accordingly, the recorded information will not be taken into account.

The counting commission must be invited to the meeting. It is needed in order to record the number of votes "for" and "against". The decisions of the apartment owners are entered into a document, which is then signed by both the commission and the owners.

Important: It is this commission that makes the decision. The main factor is the number of votes of residents. If more than half decide to abandon the current Criminal Code, then the immediate stage of its change begins.

Choosing a new MA

The selection of a company to conclude a new contract should be approached with special attention. Several options are selected in advance, even before the official refusal of the services of the current one.

In this case, you can avoid all possible problems and the next replacement of the Criminal Code. In order not to make a mistake with the choice, you should pay attention to those organizations that have been in the service market for a long time and have enough positive reviews.

After collecting information about the new service provider, a meeting of residents is held, where information about the activities of the management company, reviews and other data is provided. If the tenants approve the proposed option, you can proceed to renegotiate the contract.

Re-registration process

If you just need to amend your existing service agreement, it's best to go through the less time-consuming renegotiation process. In order for the procedure to be successful, a sample contract is drawn up in advance and presented to all owners. The issue is put on the agenda at a meeting of tenants. If some of them have questions or doubts, it is better to decide everything in advance.

The question of how to change the Criminal Code of an apartment building is extensive. In general, the whole process can be divided into several stages:

1. Choosing a new company to service an apartment building.
2. Gathering of tenants for a meeting with voting.
3. Drawing up a contract, signing it by the owners.
4. Notification of supervisory authorities and the old Criminal Code of the fact of the change.