How can you control the activities of the management company? How can tenants check the work of the management company.

The Criminal Code, as a socially significant organization, is controlled by several state bodies at once. The Prosecutor's Office - exercises control over compliance with the requirements of the law by all structures and organizations of the state.

Reference! In addition to the prosecutor's office, there are organizations that control the condition of housing and the provision of services to the consumer. These are Goszhilnadzor and Rospotrebnadzor.

Rospotrebnadzor and GZhI carry out control and verification of the activities of management companies, both at the regional level and at the local level. Controlling the Criminal Code as well as self-government bodies.

At the regional level

In places Goszhilnadzor is most often called a housing inspection, which checks the following nuances:

The control of the GZhI over the activities is carried out through inspections. Verification can be either documentary or on-site.

Note! If inconsistencies and signs of violations are revealed, then a field check will follow the documentary check.

The work of Goszhilnadzor (housing inspection) is regulated by:

With regard to license control - JK, article 196.
With regard to the provision of public services - the Rules for their provision, approved by PP No. 354.
In other cases - the Housing Code of the Russian Federation, Article 196, Articles and, Government Decree No. 493 "On Goszhilnadzor" of June 11, 2013.

The next instance carrying out the check is the prosecutor's office., which checks management companies only if there are appropriate grounds. Usually they are appeals from residents or competitors, coverage of any illegal actions of the Criminal Code in the media.

Sometimes it is sanctioned by local governments or carried out at the initiative of the prosecutor.

Rospotrebnadzor also exercises control over the activities of management companies.. He controls how the norms, including sanitary, legislation that determine the provision of services to homeowners, their quality and safety, are implemented.

Its activities are regulated by the Law "On Protection of Consumer Rights", sanitary, epidemiological standards, as well as rules, the Code of Administrative Offenses, articles 6.4, 6.5, 6.24, 14.6, 14.7, 14.8, 14.24.

Control is exercised over public services, their provision and quality. Water is examined for the presence of impurities and microorganisms, the microclimate in housing, garbage collection, the state of ventilation, pricing for services provided, and the like.

At the local level

On the ground, the work of housing and communal services management companies is controlled by municipalities and self-government bodies represented by the housing inspectorate. Basically, they duplicate the functions of the regional Goszhilnadzor.

In their activities, they are guided by their own resolutions, legislative acts, Decree of the Government of Russia No. 493 of 2013 and Article 20 of the RF LC.

How to check the work of the housing and communal services management of an apartment building?

If there are suspicions that the Criminal Code conducts its settlements with homeowners dishonestly and performs its duties in bad faith, then it can always be checked, including for theft.

Ensuring the fulfillment of the obligations of the managing organization is in your power! The law provides citizens with such a right. We note a very important point - a collective appeal is always more powerful than a single one.

Therefore, if there is a need for such a check, it is better to act together. Do not forget that a service agreement is concluded with each owner.

From this follows the conclusion - any errors in calculations, negligent performance of their duties are a violation of the terms of the contract. And for this you need to be responsible.

Information request

We will study the calculation of mandatory payments for utilities. To do this, we will request documentation from the Criminal Code containing.

The company is obliged to provide such information to the owner upon request. But, as we have said, it is better to work together. So On behalf of the homeowners, an application is written with the requirement to provide the necessary information. Read more about the procedure for providing information and filing an application.

Data validation

We check the correctness of the calculations and their validity. If there are questions related to accruals, we require the Criminal Code to substantiate them in writing. You can check the calculations yourself, it is possible that there are people in the house, both with a legal and economic education.

If there are none, to verify the data provided by the Criminal Code, you can contact third-party experts. This, of course, is an additional expense, but, most often, the costs of experts pay off. After the analysis of tariffs is carried out, we proceed to the next stage.

Audit of contractual obligations

It is necessary to check how the management company performs the work stipulated by the contract. To do this, we again demand that the Criminal Code provide to the homeowners about the work done.

In addition to reports, it is worth demanding an attachment to them, cost estimates and other similar documentation. From these documents, you can find out where and how the money was spent. External experts can again be involved in the analysis.

An expert licensed to conduct such examinations, having completed the analysis, will prepare and transfer to the owners the results in writing. This document will describe in detail where and how the Criminal Code cheated and what exactly it violated.

In addition, the document will be recorded by an official, and this is a very strong argument, both in pre-trial proceedings with the Criminal Code and in the court itself.

You don't need to be reminded that before starting the analysis of documents, you need to recall all the work done in the house. If they were discussed at a general meeting or someone kept records of them, even better.

Appeal to regulatory authorities or court

If it turns out that the management company is working carelessly, does not fulfill its obligations, besides it overstates tariffs, scopes of work, charges for work not completed, and the like, then you can immediately file a lawsuit with the court.

It should be noted that In cases of this kind, it is better to use the services of a lawyer.. Both in the legislation itself and in preparing a claim, there are many pitfalls, and if your interests are represented by a professional, the chances of success will increase significantly. Do not skimp on paying for the services of a lawyer, all costs will eventually pay off.

For deceived tenants, contacting the housing inspectorate and Consumer Supervision after the analysis is completed is the most profitable option. In the end, it is their direct duty to deal with dishonest and negligent performers.

To start proceedings, you must write an application to these organizations in two copies. We keep a copy.

The Criminal Code appoints an audit of all economic and financial activities, after which the inspection bodies draw conclusions. If violations are confirmed, the Criminal Code will be forced to compensate citizens for illegal fees without a trial. If the tenants are not satisfied with the decision, they can go to court.

Conclusion

If you are not a lawyer or do not have enough experience in cases related to housing litigation, it is better to contact someone who constantly practices in resolving such disputes.

The defendant, that is, the Criminal Code, in the event of such a dispute, will find an experienced lawyer who, if he cannot refute your evidence base, will always find procedural flaws - an inaccurately drawn up statement of claim or deadlines have not been met. And having found a clue, an experienced lawyer can easily ruin the case.

Don't forget that you can always contact special regulatory authorities - Consumer Supervision or Housing Inspectorate. It is their direct responsibility to control and understand the work of management companies. It is possible that after their verification, the controversial issue will be resolved without a trial.

Such organizations control many areas of activity of the Criminal Code, namely:

List of regulatory authorities in this area

Federal level

At the federal, that is, the state level, the Criminal Code controls the following bodies:

Ministry of Construction of the Russian Federation. This state body is engaged in the approval of standards for public services, criteria for their quality and the procedure for their provision. The Ministry of Construction also regulates the financial side of accounting for thermal energy and water.
Ministry of Energy of the Russian Federation. Such a body develops schemes and standards for heat supply to houses, which all management companies must adhere to.
Federal Antimonopoly Service. It deals with the definition of the principle of formation of prices for resources and utilities.

Regional level

The main control over the activities of the management company in the field of housing and communal services lies precisely with the authorities of the regional level, which are the following organizations:

Goszhilnadzor (housing inspection). The main task of this organization is to conduct monitoring audits of the work of service organizations in the housing and communal services sector. Such inspections concern the compliance of the housing and communal services company with all the requirements of the legislation in the field of housing and communal services. It is this body that is authorized to take part in the licensing of the Criminal Code.
Tariff Committee.
Rospotrebnadzor. Such an organization checks the quality and safety of public services, guided by SanPiNs.

At the regional level, control in the housing and communal services sector is carried out not only by official state services, but also by specialized non-profit organizations. There is a whole network of regional centers, the development of which is supported by the Ministry of Construction of Russia.

Rospotrebnadzor also monitors the quality and safety of public services. Its tasks include:

At the federal level, the quality of the work of management companies is controlled by a commission of the Ministry of Construction. It is this body that develops the rules for the maintenance and repair of apartment buildings.

Tariff monitoring services

This body is the Tariff Committee. In some regions, there is no such authority, but in this case, its duties lie with such instances as the regional energy commission or the regional ministry of energy. The work of the tariff committee is regulated by Federal Law No. 210.

At the federal level, the cost of tariffs for utilities is regulated by the Ministry of Energy and the Federal Antimonopoly Service.

Step-by-step verification of the activities of the Criminal Code

If apartment owners are not sure about the honesty of their management company and the quality of the services provided to it, then they can check its activities. How to carry out this check is worth telling step by step:

Control over the activities of the management company is carried out by special state authorities, and the owners of apartments themselves can also check the work in the housing and communal services sector and control tariffs. Moreover, it is better to carry out such a check at the first sign of violations.

How to identify violations in the work of the management company and what to do if such violations are detected? Where to turn if the management company does not fulfill the obligations prescribed in the contract, or unreasonably raises the tariffs for its services?

Evgenia Vladimirova, head of the Rambler.Realty project Rambler&Co

Ideally, the management company should save homeowners from all sorts of troubles for the maintenance of real estate. However, often management companies, on the contrary, can create additional problems for residents. It can be said that the most frequent complaints against the management company are misappropriation of funds, unreasonable increase in tariffs, unsatisfactory fulfillment of obligations prescribed in the contract. In order to save yourself from unpleasant surprises, it is recommended to regularly find out what work the management company performs and at what rates, to demand the elimination of shortcomings in the work, if any are found. If representatives of the management company ignore these requirements, it is worth going with complaints to the State Housing Inspectorate. Also, the owner of the apartment can apply to the court.

It should be noted that currently management companies cannot operate without a license. Certification of the Criminal Code should improve the quality of the services provided, since a license to service an apartment building may either not be initially given or canceled after any problems are identified in the work.

Irina Gentsler, head of the housing sector of the Institute for Urban Economics Foundation

Resident control is essential. Tenants pay decent money to the managing organization and must understand what they get for this money, whether the common property in the house is really properly maintained. Often, management companies perform visible cheap work - cleaning the entrance, yard, garbage disposal. Whereas no one thinks about the condition of roofs and building engineering systems. Everyone lives one day, and then it turns out that, due to poor maintenance, an expensive overhaul is required, for which the owners must pay separately.

Firstly, it is necessary to demand a regular report from the management company - at least once a year - with information about what work was planned, what was done, what was not done and for what reason, to hear and discuss this report at the general meeting. Secondly, it is necessary to analyze the information that the managing organization places on the official website and on its website in accordance with the requirements of the information disclosure standard, to what extent they correspond to reality. And the active work of the council of the apartment building on regular control of the services and works performed by the managing organization is very important.

Alena Abramovich, head of the Commercial Law practice at the law firm Rights.

Currently, there are a large number of disputes with management companies, including due to inflated tariffs. Often, the owners of premises neglect their rights and obligations to control the activities of management companies, which leads to additional fees for services.

This increase in tariffs is the easiest way to “cash in” on the owners of the premises through contractual relations with other companies, often affiliated with the management company. It is problematic to trace the correctness of invoices, especially for payment orders. Moreover, the house management contract includes a provision for changing tariffs unilaterally due to inflation. On the basis of such a clause, management companies can raise and change tariffs for services as they please.

Thus, control over the activities of management companies helps not only to reduce the possibility of committing fraudulent actions for unreasonable increase in tariffs, but also to really track where the owners' money "goes".

If there are no improvements in the house, and prices are rising, this is the first “beacon” to change the management company.

The main ways to control the activities of management companies (in fact, as well as HOAs), in accordance with the Housing Code, are:

annual reporting of the management company at meetings of homeowners (with the provision of a report on the work carried out, contracts concluded, new tariffs and the validity of their adoption, etc.);
mandatory provision of any documentation related to the performance of duties by the management company for the maintenance of an apartment building, at the request of the owners of an apartment building (at any time);
the ability to change the management company at the general meeting of owners at any time.

Naturally, it is better to start with general meetings. Carefully analyze the reporting, communicate with a representative of the management company. If there are any already significant difficulties, then simply by a general meeting to change the company. Moreover, the Housing Code of the Russian Federation provides for the possibility of both changing the method of managing an apartment building, or simply choosing another management company.

Alexander Arsky, Associate Professor, Department of Marketing and Logistics, Financial University under the Government of the Russian Federation

Delegation of powers to manage a residential building is a kind of communal outsourcing, implemented by the parties on the basis of a commercial contract. From this follow the rights and obligations of the parties to the contract, which also include the submission of a report on the activities of the outsourcer for a certain period.

Payments have a designated purpose, respectively, the misuse of funds by an outsourcer is a violation of the contract, as well as poor-quality or dishonest fulfillment of its obligations.

The effectiveness of control depends on the conditions specified in the contract. So, for example, having provided for the possibility of a sudden check of the cash flow on the outsourcer's settlement account, the initiative group ("people's controllers", "asset at home") can request payment details for a certain period of time and, if questions or suspicions arise about their inefficient use, "call for response" of the outsourcer.

Particular attention should be paid to carrying out scheduled repairs by the outsourcer at the expense of the residents of the house. The appointment of representatives of the residents of the house during the intermediate actuation of construction and installation works will prevent their poor performance or overestimation of rates in the construction estimate.

Aleksey Gordeychik, lawyer, candidate of legal sciences

In accordance with the legislation of the Russian Federation, the owners bear the burden of maintaining the property. The provisions of the Housing Code of the Russian Federation, which provide for various ways to manage an apartment building, including the conclusion of an agreement with a management company, are designed to facilitate and simplify the maintenance of common property, but do not relieve owners from liability associated with their possession of real estate. Therefore, it is possible and necessary to control the activities of the management company.

There are many ways to control its activities. First of all, the management company is accountable to the general meeting of owners, its rights and obligations in relation to the subject of management should be determined by the contract. Secondly, the activities of housing and communal services enterprises are controlled by a mass of administrative bodies. Starting from firefighters and the prosecutor's office, ending with the bodies of tariff regulation of the subjects. Thirdly, the issues of judicial protection cannot be neglected. For example, repairs at the entrance should be done every 5 years. UC late? What is not a reason for a claim?

Tariffs and Regulations

The process of licensing management companies has ended in its active phase. In theory, in the course of it, organizations that allowed abuses or provided poor-quality services were eliminated. But, of course, one can only dream of a complete financial and moral recovery of the MKD management market. However, it is possible to independently limit the possibilities of the Criminal Code for abuse. To do this, you need to control their activities.

Tariff Request

The most common way to deceive residents of houses run by a managing organization is fraud with tariffs and mandatory payments. In order to find out if you overpay according to the receipt that comes to you every month, you need to request a list and amount of tariffs from the Criminal Code. They cannot refuse to provide you with such information.

If there are still problems with obtaining important data, it is necessary to issue an official written request, register it with the secretary of the Criminal Code with the incoming number. Ignoring such a request for the management company is fraught with major troubles.

After you have received the list and amounts of mandatory payments, you need to take your receipt and calculator and check if the Criminal Code was “mistaken”. The structure of payments is specified in Article 154 of the LC RF. If an error is found, you should cooperate with your neighbors and find out if they have the same “errors”. As a rule, it is not individual tenants who suffer from the abuses of the management company, but the whole house. A typical case is that in the Criminal Code they “forgot” that there is a common house heat energy meter in the house and they charge fees according to the standards as if it were not there. You should be aware that in Russia it is far from uncommon for residents of a house to find errors in calculating payment amounts. Often these amounts exceed hundreds of thousands of rubles.

Report

When drawing up a contract with the Criminal Code, it is necessary to indicate the frequency and requirements for the content of the report on the work done. It should indicate such points as services for landscaping, maintenance of common house property, repairs and the cost of these services. Also, there should be information on the volume and cost of purchased utilities from resource supplying organizations.

And most importantly - financial activity. Financial statements, information on income and expenses are obligatory articles of the report of any Criminal Code. Again, study this report, if questions arise, it would not be superfluous to involve neighbors with an economic education in its discussion or even take it to a house meeting. Also require acts of work performed, an annex to the report, payment orders. These documents may contain interesting nuances that may suddenly not appear in a beautifully written report. You can also request an estimate of expenses for the next year.

Having received a report, you need to take it and compare what is written there with what is actually there. For example, the report may indicate that the windows in the stairwell were replaced, for which a certain amount of money was spent. But in fact, no one changed these windows and none of the neighbors saw the workers. You need to check everything, up to the water consumption for wet cleaning. For unprovided services, the Criminal Code may also be financially liable.

State Housing Inspection

If you just now realized that in the contract with the Criminal Code you do not specify the frequency of the report, it does not matter. According to paragraph 11 of article 162 of the Housing Code, the management company must provide the owners with an annual report on its activities during the first quarter of the next year. If you did not plan to check the financial activities of your management company, the report is a good reason to do so. And in the event that you or your enterprising neighbors with a legal or economic education have found inconsistencies, errors in tariffs, then you should file a complaint with the State Housing Inspectorate. Also promising will be an appeal to Rospotrebnadzor. In addition, there is the prosecutor's office and, in the end, the court. The prosecutor's office regularly initiates cases against the directors of management companies who have decided to spend the money collected from residents to pay for utilities for their own needs. These cases arise, among other things, thanks to the attentiveness of the inhabitants. Remember that after licensing management companies, two complaints from residents are enough to remove the management company from managing the house. So it's only up to the initiative of the owners themselves. But it is important not to go too far. Everyone has the right to make mistakes, including management companies. If these errors are not of a systemic or deliberate nature, then it is better not to risk changing the Criminal Code. The new one might not be any better.

City dwellers mostly spend their lives in apartment buildings. They are serviced by a homeowners association (HOA) or a management company - the final choice is up to the owners. Residents hope for a clear and competent work of those who have been entrusted with common house property. But what to do and how to act if there is no benefit from the management company, its actions and decisions are illegal, or it is completely inactive. It is important to understand and figure out where to complain about the management company, is there any real benefit from such complaints?

Homeowners, having chosen a company, conclude an agreement on the management of an apartment building. If it is correctly drawn up and complies with the law, then it explains to which body and on what specific grounds to file a complaint. Federal, state, and local laws detail this procedure, and the decision of the general meeting of owners approves the final choice of tenants.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

What to complain about?

Most often, the inhabitants of the house complain about:

inadequate level or frequency of housing and communal services (HCS);
inadequate preparation of the house for the supply of housing and communal services, mainly on the eve of the heating season;
failure to provide the required interim or final report or inadequate reporting by the management company;
procedural violations in holding a meeting of owners or not holding such a meeting;
non-fulfilment of other conditions of the apartment building management agreement.

How to make and file a complaint?

The management company is obliged to perform its functions professionally and provide services of adequate quality, as well as to report for the work done to those who pay for its work. Consequently, the tenants of an apartment building have the full and legal right to any evasion from performing work to higher authorities. For example:

the entrance needs cosmetic or major repairs;
broken elevator or garbage chute;
apartments are poorly heated, or heating is completely absent;
knocked out or burnt out light bulbs in the entrances, including the stairwell.

You can find out to whom to complain about housing and communal services, and how exactly, by carefully studying the details of the legislation and understanding the general rules for writing a complaint.

Complaint Form– free, written by hand or on a computer. Be sure to indicate the addressee, that is, the specific state body where the appeal is sent. You should fill in the name, patronymic, surname of the applicant, his contact details: telephone for communication - home and mobile, e-mail, return postal address where the answer should be sent. It is recommended to indicate the address of registration of the complainant or his representative or a PO box.

Directly in the text of the appeal, violations of the management company are listed, specific terms and duration of improper actions, the exact address of the house, entrance, floor and apartment are indicated. It is advisable to provide links to regulations where violations are named: the Code of Administrative Offenses (CAO), the Housing Code, Sanitary Rules and Regulations (SanPin), Decrees of the city government, federal laws and other legislative acts. Mention the violation of a specific article and clause of the contract with the management company.

The appeal must be presented in a clear and understandable language, legible handwriting and not allowing ambiguous interpretation of phrases. If necessary, additional documents are attached: photos of violations, contracts, reports or other documentary evidence of the company's illegal actions.

Claims may end with a request to fulfill any requirement to the extent necessary and within a time period clearly indicated by law. The essence of the complaint is certified by the signature of the applicant and its transcript, the date is affixed. When submitting a collective appeal, information about each tenant is indicated.

Complaints to the management company and to other government agencies should be written in duplicate. The first must be accepted at the office of the organization and assigned an incoming number with a date. The second copy is also stamped with the number and date, and is given to the applicant. Be sure to give an explanation of when and how the answer will be given. The period starts from the date of filing the application and, according to the general rule of appeals to the state body, is no more than 30 days. Shorter terms are also envisaged - on the basis of Federal Law "On Protection of Consumer Rights" a response to a claim against the management company must be received within 10 days.

Both complaints must contain the signature of the employee who accepted him and his position. These formal requirements certify the fact of applying to the appropriate authority. If it is not possible to file a complaint in person, it must be sent by registered mail with acknowledgment of receipt.

Filing a complaint against the management company with higher authorities

If the complaint sent to the management company remained unanswered or the answer did not satisfy the residents, then the question of where to complain about housing and communal services has several answers. According to the procedural rules, any actions may be appealed with the participation of higher organizations, namely the housing inspectorate, Rospotrebnadzor, and the prosecutor's office. After the mandatory out-of-court procedure, the statement of claim is sent to the judicial authorities.

Contacting the Housing Authority

You can find the contacts of the housing inspectorate for your region on the Internet. For example, here is the website of the State Housing Inspectorate of the city of Moscow - https://www.mos.ru/mgi/

When contacting the housing inspectorate, you should know that it, as a state body, oversees:

proper implementation of the rules for the operation of housing;
compliance with standards and norms for the use of housing;
compliance with the deadlines and quality of preparation for the heating season;
fulfillment of standards for the receipt of utilities by residents;
the legitimacy and implementation of the norms of legislative acts when convening a general meeting of homeowners, the direct choice of a managing organization;
compliance with the management company regulations.

The work of the housing inspection is aimed at protecting the rights of apartment owners and preserving their homes. She is obliged to check how the management company performs its functions, and if violations are found, it will indicate the need to eliminate them. Approximate terms for fulfilling such an order are one month. If violators are identified, the inspection has the right to bring the perpetrators to administrative punishment.

An example of a complaint to the housing inspectorate
(click to enlarge)

In addition to the standard complaint procedure, on the websites of the regional housing inspection, you can use the service for online contacting the supervisory authority.

Contacting Rospotrebnadzor

Complaints to Rospotrebnadzor regarding managing organizations are received in the following cases:

non-compliance of the agreement between the management company and the tenants with the norms of the Federal Law "On Protection of Consumer Rights";
violation of the rights of residents to provide complete and reliable information about the housing and communal services provided;
the need to check financial statements, including documents confirming payments, for compliance with their reality;
establishing the need and justification for changing tariffs and fees for housing and communal services.

When contacting Rospotrebnadzor, it is listed which authorities the residents have already applied to, and talks about the results of filing complaints. If violations are detected, Rospotrebnadzor is obliged to take the necessary measures to eliminate violations, after the inspection, sanctions against violators are possible.

The application can be submitted both in person and by filling out an online form on the website of the state body.

Appeal to the prosecutor's office

You can also find the prosecutor's office of your region on the Internet. Here is the website of the Moscow Prosecutor's Office - http://www.mosproc.ru/

The prosecutor's office takes measures to identify violations of:

intentional or unintentional misappropriation of funds, expressed in economic crimes: robbery, fraud, misappropriation, embezzlement;
inaction or illegal actions of supervisory or regulatory authorities.

The prosecutor's office is checking and investigating all the circumstances of the case. Based on its results, it will be possible to bring violators up to criminal liability.

Going to court

Having found out for what reasons and to whom to complain about the management company, you can contact the judicial authorities. Procedural rules allow tenants to write a statement of claim after a pre-trial settlement of the issue or an unsatisfactory result of the check. The court will consider the appeal if the case concerns material claims, and it is necessary to clarify the amount of compensation for damage caused to residents or property of the owners. For example, a dilapidated tree that was not cut down in time or a poorly fixed pole fell on a car, poorly removed snow or an ice-covered path near the house caused injuries to residents.

According to civil law Article 28 of the Code of Civil Procedure (CPC RF)- the statement of claim is filed at the location of the managing organization, unless a different jurisdiction has been determined by the contract. Requirements for the content of the claim are listed in article 131 of the Code of Civil Procedure of the Russian Federation, according to which it should contain:

the name and full details of the court, the plaintiff and the defendant, including their location;
the essence of the stated requirements - a description of the violation of the rights or interests of the plaintiff;
evidence of the substantiation of the statement of claim and the circumstances of the case;
monetary claims and their justification;
listing the state bodies to which the plaintiff applied in the course of pre-trial settlement;
required additional documents and their listing.

The claim must be accepted for proceedings five days after filing or returned to the applicant with a requirement to eliminate violations during its filing. The execution of court decisions occurs either voluntarily or with the participation of bailiffs.

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