Sample complaint against an HOA to the Prosecutor's Office and how to submit it

A homeowners' association is a community of citizen-owners of residential real estate in one or more apartment buildings.

The decision to create an HOA is made by a general meeting of owners and is a free expression of the will of the owners of premises in an apartment building. Each owner has the right to decide whether to participate in the association or not.

How to create a real estate owners' association
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When can a HOA member leave the partnership?

Joining and leaving an HOA are completely voluntary actions and cannot be limited by anyone or anything. A HOA member can voluntarily leave the partnership at any time by:

applications for resignation from members of the partnership;
termination of ownership of premises in an apartment building;
liquidation of the HOA.

To formalize the withdrawal of a member from the HOA, exclude data about this person from the register of members of the partnership (Part 4 of Article 143 of the Housing Code of the Russian Federation). There is no need to approve the withdrawal of a member at a general meeting of premises owners in an apartment building or a meeting of the HOA board.

How to fill out the 26-ZhKH report?

The procedure for filling out the form is also reflected in the above order. The form consists of 2 sheets: the 1st contains information about the organization that compiled the report, the 2nd contains information about the number of persons who took advantage of the benefit for housing and communal services payments and its size. In this case, the amount of social support is indicated both in the amount of the payment due and in the amount actually paid from the budget.

You can download a sample of filling out the 26-ZhKH report on our website:

The completed form is submitted on the 17th day after the end of the next quarter to Rosstat at the location of the organization. If there are separate divisions, it is necessary to fill out independent reports for each division.

For rules for filling out other forms of statistical reporting, see the materials:

«Procedure and sample for filling out the form 1-entrepreneur»;
«The procedure and sample for filling out the P-2 quarterly form».

How does a HOA member report leaving the partnership?

As a rule, all methods and procedures for terminating membership in an HOA are prescribed in the charter of the partnership. If the owner decides to leave the partnership, he submits an application to the HOA board.

The procedure for expulsion from the partnership is as follows:

The owner writes a letter of resignation from the HOA.
The owner sends the application by registered mail or delivers it personally to the HOA board. In the second case, confirm receipt of the letter by signing.
The HOA board must reissue receipts for housing and communal services, since the owner who has refused membership in the HOA must pay for maintenance and repairs at different rates.

Remember that you must formalize the withdrawal of a member of the partnership on the day you receive the application. There are no provisions in the legislation that could forcibly extend participation in the HOA or delay the owner’s exit from the partnership.

Vacation of the HOA Chairman
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Application for joining a HOA, sample

According to the law, any apartment building and all common property is a farm. And the residents are responsible for its maintenance, maintaining the external and internal appearance. To achieve this, legislation offers them management options.

For example, a homeowners association, which usually includes a small initiative group. Other residents have the right to submit their wishes, complaints, and suggestions through an application to the HOA.

What does a document template look like? What needs to be included there? How to draw up an application to the HOA using the sample? It's time to figure it out in more detail.

Reasons for filing applications

It doesn't have to be associated with a complaint. Sometimes citizens use such a document to convey some proposals.

The reasons for compiling the paper are divided into three separate groups:

complaints (claims);
offers;
applications.

Examples of the most frequent requests:

Bay of the apartment. Alas, this is a typical situation, and the HOA should deal with the problem. It doesn't matter who is to blame for the flooding. Call a technician and fix the problem. The appeal is drawn up in the usual, standard form. The owner indicates at the top of the addressee’s paper the name of the HOA and the name of the chairman. Then he emphasizes where exactly he lives, his data (full name, mobile or home phone number). Describes the problem.
No heating. When the season has officially begun, and there is no heat in one particular apartment, the resident has the right to notify the HOA. In the text of the appeal, he indicates exactly how rights were violated, and in addition describes the problem. That the radiators are cold, the neighbors (after questioning) have heat. Perhaps, on the contrary, the house is not heated, then the problem is much more serious and should be addressed immediately.
Roof leak. The association is required to maintain the entire building, including the roof. If a leak is detected and water is actively penetrating into the home, treatment is necessary.
Container transfer. When trash cans are placed close and the smell bothers people. The Partnership may move them further if necessary.
The wiper is not working. Residents of the building have the right to demand that all hired employees perform their duties. After all, their salaries are calculated from regular payments from the owners.
Mold has been found, there is a leak, the riser needs to be replaced. Such troubles fall under the jurisdiction of the board, so residents have the right to demand an explanation and solution to the problem.
No repairs. All repair work is carried out using funds provided by residents. They chip in, and if subsequently the promised reconstruction did not happen, the head of the HOA must explain himself.

As you can see, there are enough reasons to submit an application. For the most part, these are domestic situations, and they are resolved peacefully. However, sometimes a small conflict can unexpectedly develop into a real confrontation. Then other authorities (police, prosecutor's office) intervene.

Important: in addition to complaints, there are positive reasons for a citizen to write an appeal. For example, a request to provide him with information regarding common property or basic documents. Suggestions related to general problems or management systems. For example, plant more trees in the area near the house.

Types of applications to HOAs

Directly depend on the goals pursued by the author. The legislation does not specify a specific form that those interested could simply fill out. No, you can use regular A4 paper, here the type of appeals is rather determined by their content.

Complaint. This form is needed for a dissatisfied tenant to express grievances. When there are any problems related directly to the activities and tasks of the HOA, he has the right to put forward specific demands. Moreover, if the board decides to ignore the messages, he will go to court by filing a lawsuit. Where it will additionally indicate the lack of desire of the HOA to help with solving the existing problem. Another option is that the management company, on the contrary, will agree and, having accepted the appeal, will deal with the problem submitted by the resident. Or, if the issue is serious, he will raise it at the next general meeting of all residents. For example, changing the cladding of balconies, processing seams (construction work), painting the entrance or replacing pipes. Such issues can only be resolved through the knowledge of the owners.
Collective appeal. Sometimes residents have a common large-scale problem that is ignored by the management company. Or they are dissatisfied with the performance of their TSN. Then the initiative group can organize the writing of a collective statement. The sample of such a document is standard, like an individual complaint, there will simply be not one, but several signatures at the bottom. Preferably all owners. Another difference is the header, everything will be listed there. And the form of address used in the text is not “I”, but “we”.
For repairs (offers). The frequency of ongoing repair work is always determined individually. As a rule, reconstruction occurs as a problem arises. If it is clear that the premises need cladding, and the entrance staircase has long lost its “original” tiles and has become covered with cracks, then it is time to organize repairs. TSN is obliged to notify all owners of the need for such actions. Show them the subject of discussion, calculate the approximate amount of future expenses. The interested property owner has the right to receive such information, whenever he wishes, from his HOA. For membership. When active residents want to become part of the board of their home. Entry takes place officially after a written application and approval of current members.

Important: all applications are drawn up in 2 identical copies, one of which remains with the transmitting party.

How to correctly draw up an application to the HOA

It doesn’t matter what exactly the tenant wants to submit (complaint, request or proposal), the requirements for such requests are standard:

written in a simplified, free form;
A handwritten version is acceptable (by hand);
write legibly;
paper size – standard A4;
when there is a lot of text, you need to take a second sheet, you cannot write on the back of the first;
a correctly filled “header” - the name of TSN, the data of the chairman;
author's data - his full name, address, telephone number and area of the apartment;
"statement";
the main part - here the author describes the situation based on the facts, without unnecessary or obscene expressions;
pleading part - either a demand, or a request or proposal of the author;
clarification (this indicates the desired period within which the board should resolve the situation);
date, signature.

You can study a ready-made template for a similar document before writing it to avoid possible mistakes.

Important: “clean” text, without blots. It is better to rewrite if an inaccuracy is found.

Procedure for admission

So, the document is ready, what next? It is advisable for the author to find some competent witness willing to confirm the existence and severity of the problem.

For example, if the problem concerns plumbing (a pipe burst, flooding), call a professional. Let him, after reading the paper, sign at the bottom.

It happens that there are no specialists/they don’t agree/the problem is different. Then the applicant will be helped by third-party witnesses - the closest neighbors. It is enough to describe to them what happened and demonstrate the consequences. Then show them the written complaint. Let them, after reading it, sign below. There is no need to notarize such applications. Enough with witness signatures and literate text.

https://www.youtube.com/watch?v=I5ZoBdcB-R4

As a rule, your HOA is located nearby, and it is possible to visit it in person. This is the best option; you can support the appeal with a verbal request. If this option is excluded, then send it by mail.

Important: when visiting the board in person, the applicant will be able to show both copies of his application, and at the same time ask the secretary or accountant accepting the documents to sign the second one. In addition, the acceptance date was indicated.

Required documents

What additional documents can the applicant attach:

extract from the Unified State Register;
applicant's passport (copy required);
certificate of work performed (drawed up by the called technician, after he has eliminated the problem);
invoice or receipt (if the owner had to pay for the elimination of the reason for the application on his own).

All papers accepted by the secretary must be recorded in a special journal, where the citizen-applicant signs.

and a sample application to the HOA addressed to the chairman

It is worth remembering that any application addressed to the board is a message to the chairman. Therefore, in the “header” the author indicates the full name of the person and his position.

By the way, a resident can obtain a ready-made sample of a standard document by asking a secretary or accountant. Also, board staff are obliged to help the complainant if he has any difficulties with writing.

complaints, no matter what the reason, will be standard:

“header” – where the basic data of the parties is indicated;
Title of the document;
the main part - here in detail, according to the facts, the author will describe the current situation;
list of materials (if the applicant has any written evidence);
author's requirements;
signature, date.

The period for consideration of such applications is 30 days.

Important: it is better for the applicant to specifically write the deadline so that later consideration of the application does not delay.

Any homeowner has the right, if he wishes, to become a full participant in TSN. It is enough for him to submit a regular application, supplementing it with a title document. In the text, express in detail your desire to help manage your home.

Required information:

personal data (this is information from your passport);
residential address (including floor, entrance number, size of living space);
information (name) of the title document.

Whether his request will be granted will be decided by the meeting of residents and the chairman of the HOA.

Do I need to register the paper?

From the secretary of your board - preferably. In confirmation, he will simply sign on the second, additional copy of the application. At the same time it sets the current date. The secretary must enter any incoming documents into a special registration journal.

Some, after notifying the board employee, leave it on his desk, but there is a high risk of the document being lost or damaged.

Underwater rocks

Why should people strive to be a member of an HOA? Why not, because they will receive good benefits:

Live peacefully in your home without any problems. After all, all emerging difficulties will be resolved collectively by the HOA. For example, when to repair, clean or move containers.
The ability to directly monitor and make any proposals during the work of the board. See how the funds received are spent and what is planned.
A chance to personally help with the maintenance of your home. After all, sometimes people have good ideas. It is difficult to imagine how radically competent management can change the appearance and environment of an apartment building. Some seek reconstruction of the building, complete re-cladding, installation of new balconies or upper floors. The desire to build a park nearby no longer seems impossible.
The right to request a review of the existing payment amount if it seems too high. Ordinary residents have to draw up written petitions and collect signatures. It is enough for a board member to discuss this directly with the chairman. Of course, there is no guarantee that the payment will be reduced instantly, but it is also important to be listened to.

In addition to prerogatives, board members have a number of obligations. In particular, active participation. After all, the HOA has a lot of work.

It is necessary to look for and hire specialists, monitor the condition of the building, and the performance of its systems. Also work with all resource supply organizations.

It is also worth remembering the requirements put forward by firefighters (installation of modern fire protection systems) and the city administration.

Can the owner’s application be refused? Certainly. Especially if he is a persistent defaulter.

When receiving a complaint from a dissatisfied resident, the secretary checks whether the author of the message pays utility bills. If yes, how regularly? Debtors will be promptly reminded of their existing debts.

Perhaps this is the reason for the management company ignoring their requests. After all, her services must be paid.

Re-election of the chairman is possible. According to the law, residents independently appoint an HOA for themselves. A leader is also selected. As a rule, the candidate is the owner living with them. But sometimes a third-party specialist is invited to do this. Especially if you don’t have your own experience in managing such buildings.

However, sometimes the activities of the leader cease to suit the citizens - the owners. Then they have the right to collectively re-elect him. True, then he will have to specifically indicate all the mistakes he made and achieve the unanimity of the majority (at least 50% of those present).

Who decides whether to grant a submitted claim? Most often - a general meeting, where 50 or more percent of the residents are present. They listen to the news and report provided by the board. Then they discuss all pressing problems. When the request concerns something large-scale (repairs to an entire entrance, for example), such issues are definitely resolved collectively.

Application for joining a HOA, sample Link to main publication

Source: https://ZaZemlyu.ru/upravlyayushchie-organizacii/zayavlenie-na-vstuplenie-v-tszh.html

What should be the application for leaving the HOA?

The application form is free. Mandatory information that must be indicated in it:

Owner's name,
name of the HOA,
the owner’s intention to refuse membership in the HOA,
date of application,
owner's signature.

Even if the owner has left the HOA, he can return at any time by submitting a written application to the board.

Remuneration for members of the HOA board
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What is the responsibility for failure to submit 26-ZhKH?

In case of failure to submit the specified report, the organization faces punishment in the form of a fine (Article 13.19 of the Code of Administrative Offenses of the Russian Federation):

for officials: 10-20 thousand rubles, for repeated violations - 30-50 thousand rubles;
for an organization: 20–70 thousand rubles, for repeated violations 100–150 thousand rubles.

In addition, Art. 3 of the Law of the Russian Federation “On liability for violation of the procedure for submitting state statistical reports” dated May 13, 1992 No. 2761-1 provides for compensation to the state statistics body for damage caused that arose as a result of untimely submission of a statistical report.

What can lead to the withdrawal of a member from the HOA?

The worst consequence for the HOA will be its liquidation. But this outcome can only be achieved if, after one of the members leaves the HOA, less than 50% of the votes of the total number of owners of premises in the apartment building remain.

In this case, the general meeting of owners of premises in the apartment building is obliged to make a decision on the liquidation of the HOA, in accordance with Part 2 of Art. 141 Housing Code of the Russian Federation.

HOA managers often wonder whether it is necessary to submit information to the GZHI if several members have left the HOA in a month. No no need. In this case, all data must be entered into the register of HOA members and, in accordance with clause 9 of Art. 138 of the Housing Code of the Russian Federation, a copy of the register of HOA members should be submitted to the GZhN body during the 1st quarter of the current year.

What is 26-ZhKH?

Form 26-ZhKH - a statistical report typical for persons providing social support for payment of housing and communal services.

They work with this report:

government agencies (local governments, social security, Pension Fund);
housing and communal services organizations (homeowners' association, housing complex, residential complex, etc.);
other organizations related to the provision of benefits for payment for housing and communal services.

IMPORTANT! The conditions for providing this type of social support for payment for housing and communal services are established by the laws of the constituent entities (for example, in Moscow there is a decree of the Moscow government “On the procedure and conditions for providing social support measures...” dated December 7, 2004 No. 850-PP).

New in blogs

From time to time I receive requests to somehow curb the appetites of presumptuous HOA chairmen. I thought that everything necessary to fight such “owners” in this community had already been done in 2012-2013... But time passes... Requests do not dry up...

There are many grounds for declaring the activities of HOAs illegal. Based on recent experience, I realized that if you make an exhaustive picture of the opposition (for all reasons), no one will read it, because many people cannot master voluminous texts. Unfortunately.

Therefore, out of 10 causes of action, I chose TWO (although I have others)

And glued them together with the previously compiled layout - updated

ABOUT GOALS

The issue that causes the most misunderstanding is GOAL SETTING. It is very important to understand that a claim is not filed in order to be satisfied. And for what? - So that he can be accepted and a civil case initiated...

a) because as a participant in the case, WE GET HUGE OPPORTUNITIES to demand evidence (minutes of board meetings - and each one is either nonsense or lira; minutes of the audit commission... Minutes of the meeting on establishing remuneration for the chairman (and there is none) - and every piece of evidence carries a DANGEROUS for presumptuous chairman

b) because as a plaintiff, WE GET HUGE OPPORTUNITIES TO MANEUVER - by reducing or changing the SUBJECT OF THE CLAIM

And each maneuver should baffle the presumptuous chairman if he has experience in maneuver warfare,
because the traitor, forced to act in an unusual environment, will most likely begin to make mistakes in the form of ill-conceived answers recorded in the protocol or in the form of hastily prepared fakes.
And they are needed us most of all. We are filing an application because of them.

Here's an example of a dialogue:

— On what basis do you present invoices in the absence of an agreement? where did the price of housing services come from?

- Well, what? As everybody? Did you take the city rate?

- Ahh, this is it? Thanks for the clarification... Who exactly took the tariff?

- We

- Who are we?

- Well, this Board

— So there is a Board Decision... Why isn’t it on the website? This is an offense... Do you really want to pay a fine? So where is this Board decision?

- I can bring it in three days

……. OP-PA! Our goal has been achieved! We must be given the opportunity to compile FALSIFIED EVIDENCE... let him bring it

This is Part 1 of Article 303 of the Criminal Code of the Russian Federation (Presentation of falsified evidence to the court), and also Part 1 of Art. 327 of the Criminal Code of the Russian Federation (production of counterfeit documents)

And the whole process is in the same spirit - so our GOALS are to reveal the enemy’s defense system, to establish his supporting documents - so that then EVERYONE can be used as a basis for initiating a CRIMINAL or ADMINISTRATIVE CASE and for FILE NEW CLAIMS)

To the Ivanovo District Court of Ivanovo, Ivanovo Region

PLAINTIFF: Ivanov Ivan Ivanovich

address

mobile phone

RESPONDENT:

Homeowners' Association "Dom" (hereinafter referred to as HOA, HOA "Dom", partnership)

STATEMENT OF CLAIM

on recognizing the actions and inactions of the HOA as illegal, as well as on compensation for moral damage caused

The plaintiff lives in the apartment at the above address, which belongs to him by right of ownership, which is confirmed by the attached Certificate of State Registration of Rights dated July 17, 2006 (Appendix No. 2). It is believed that the apartment building in which the apartment is located is managed by the Homeowners' Association "Dom", which issues bills for housing and utilities once a month. In this case, my rights as a consumer who is not a member of the specified HOA are violated

1. The rights to conclude an agreement and the right to payment in accordance with the agreement have been violated

In violation of the requirements specified in clause 1, part 1 of Art. 137 Housing Code of the Russian Federation The HOA does not enter into an agreement with me for the management of an apartment building. Housing legislation requires the conclusion of an agreement in writing (Article 162 of the Housing Code of the Russian Federation). In accordance with paragraph 1 of Art. 426 of the Civil Code of the Russian Federation, the obligation to conclude an agreement is assigned not to the consumer, but to the organization.

The “Review of Legislation and Judicial Practice of the Supreme Court of the Russian Federation for the fourth quarter of 2006”, approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation dated 03/07/2007, states that part 6 of Art. 155 of the Housing Code of the Russian Federation establishes that

who are not members of the homeowners association ... pay rent for residential premises and utilities in accordance with agreements concluded with the homeowners association ...

By refusing to conclude a management agreement, the HOA deprived me of the opportunity to pay fees IN ACCORDANCE with the AGREEMENT; I am being forced to pay a fee in violation of the law. Payment of funds outside of the contract is unacceptable for a law-abiding citizen. At the same time, the plaintiff is aware that refusal to pay may lead to a violation of the financial obligations of the HOA to organizations carrying out certain work to ensure the reliability of the building and comfortable living conditions in it. The absence of an agreement thus causes moral suffering: if you do not pay, liability arises to the owners; If you pay, you will be liable to the state. These moral torments became the motivation for going to court.

2. The rights to set the price of housing services in the manner prescribed by law have been violated

According to housing legislation, pricing in HOAs is formed on the basis of the Estimate of Income and Expenses. According to paragraph 3 of Art. 148 of the Housing Code of the Russian Federation, the preparation of Estimates of income and expenses is entrusted to the board, and approval of the Estimates is assigned to the general meeting of members of the HOA (clauses 2-3 of Article 137 of the Housing Code of the Russian Federation). Depending on the income received from renting out the common property of the house, the monthly payment of the owners will be reduced. The appendix provides evidence of the delivery of the walls of the house, walls of elevator cabins, basements and roofs to tenants

1) Photo table of entrance No. 3: laid cables and Internet provider boxes are visible

2) Photo table No. 2 - elevator cabin of entrance No. 3: on the wall of the cabin there is an advertising board with an area of 0.5 sq.m.

3) Photo table No. 3 - entrance to entrance No. 3: next to the entrance door there is a 0.4 sq.m. board covered with advertising

4) Photo table No. 4 - view from the eastern side of house No. 2, on the street. Winter: advertising banner on the wall

5) Photo table No. 5 - view of the entrance to the office of the Homeowners Association "Dom": on the right side on the wall there is a sign of a third-party organization

Since there are no estimates of income and expenses, income received from the use of common property does not in any way affect the price of housing services, thereby violating my property rights and legitimate interests.

Housing legislation does not allow restrictions on the rights of citizens at the request of organizations:

“ Housing rights may be limited on the basis of federal law and only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state ” (Part 3 of Art. 1 Housing Code of the Russian Federation).

By violating the legal requirements for pricing procedures exclusively through the Estimates of Income and Expenses, the HOA causes me moral suffering due to the awareness of the deliberately inflated charges and the internal debt to pay for the consumed housing services.

I believe that only an amount of 250 thousand rubles could compensate for the suffering caused. The specified amount seems feasible for the partnership, taking into account multiple items of income from the rental of production space, surfaces, volumes of various types of common property of the house: internal walls of elevator cabins, external walls of the building, internal and external walls of entrances, volumes of entrances for laying cables and installing distribution boxes, as well as common property as office premises (Appendices No. 5-9)

These funds are more than enough to pay compensation for damage caused in the amount of 250 thousand rubles.

— — —

In accordance with Part 1 of Art. 3 of the Code of Civil Procedure of the Russian Federation, an interested person has the right, in the manner established by the legislation on civil proceedings, to apply to the court for the protection of violated or disputed rights, freedoms or legitimate interests.

Cases challenging the actions (inaction) and decisions of organizations, their associations and public associations must be considered according to the rules of claim proceedings, including in compliance with the general rules of jurisdiction, as cases in disputes about the protection of subjective rights (clause 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of January 20, 2003 “On some issues that arose in connection with the adoption and entry into force of the Code of Civil Procedure of the Russian Federation”).

On the basis of the above

ASK

— Recognize the actions of the Homeowners Association “Dom” in the form of issuing an apartment to the owner. 00 in the house 00 on the street Summer in Tmutarakan Ivanov I.I. accounts not based on the Estimate of Income and Expenses, ILLEGAL

— Recognize the actions of the Homeowners Association “Dom” in the form of issuing an apartment to the owner. 00 in the house 00 on the street Summer in Tmutarakan Ivanov I.I. accounts, before concluding an ILLEGAL management agreement with him

— To impose a ban on the Homeowners Association “Dom” putting up an apartment for the owner. 00 in the house 00 on the street Summer in Tmutarakan Ivanov I.I. accounts, before concluding an ILLEGAL management agreement with him and before establishing the amount of mandatory payments based on the Estimate of Income and Expenses

— Oblige the homeowners association “Dom” to pay Ivan Ivanovich Ivanov 250,000 (Two hundred fifty thousand) rubles in compensation for moral damage caused

Applications

1) Receipt for payment of state duty – 300 rubles.

2) Certificate of state registration of rights - a copy in 2 copies. (the original will be presented for viewing at the meeting)

3) Minutes of the General Meeting of Members of the Homeowners Association “Dom” dated August 28, 2014

4) Photo table of entrance No. 3: laid cables and Internet provider boxes are visible

5) Photo table No. 2 - elevator cabin of entrance No. 3: on the wall of the cabin there is an advertising board with an area of 0.5 sq.m.

6) Photo table No. 3 - entrance to entrance No. 3: next to the entrance door there is a 0.4 sq.m. board covered with advertising

7) Photo table No. 4 - view from the eastern side of house No. 2, on the street. Winter: advertising banner on the wall

Photo table No. 5 - view of the entrance to the office of the Homeowners Association "Dom": on the right side on the wall there is a sign of a third-party organization

9) Copy of this for the defendant

FORMAL MOMENTS

You can file claims to protect consumer rights

In order not to overload the LAYOUT, I will submit the claim form separately.

TACTICAL POINTS

1. If the claim is accepted, then you must file

WRITTEN EXPLANATION

in which, in particular, reflect additional arguments in favor of the agreement

An organization’s refusal to conclude an agreement if it is possible to provide services to the consumer or perform relevant work for him is not allowed. In relation to organizations providing services, incl. Housing and communal services, the provisions provided for in paragraph 4 of Art. 445 of the Civil Code of the Russian Federation “Conclusion of an agreement without fail.”

In accordance with the Civil Code of the Russian Federation, the terms of the contract are determined at the discretion of the parties, except in cases where the content of the relevant condition is prescribed by law or other legal acts (clause 4 of Article 421). The contract must comply with the rules obligatory for the parties, established by law and other legal acts (imperative norms) in force at the time of its conclusion (clause 1 of Article 422).

Thus, we pretend that the Treaty is the main direction for us

2. Then suddenly, on the basis of Art. 39 of the Code of Civil Procedure of the Russian Federation we declare a waiver of the requirement to recognize the absence of a contract

We simply withdraw this claim - We write a corresponding statement... At the same time, we look at the judge knowingly

making it clear that we made the task easier for the court - we freed them from the idiotic excuse of citing Article 153

so - have a conscience - satisfy at least one claim (the Prohibition may refuse - don’t care). This technique can be defined as MANEUVERING

3. The ability to perform maneuvers is a sign of class. Even Suvorov set the task for the soldier - to know his maneuver

Since our goals are to identify, if possible, and then destroy all supporting documents, we make no effort to complete the process as quickly as possible. And thereby we make it clear to the court that the participant in the case is not a sheep on a string. We are serious people... We are now dictating the scenario. It’s better not to escalate things with it... Let’s remember the effect produced by the tank according to the song “Thundering with fire, sparkling with the brilliance of steel...”

4. Finally, at the ADDENDUM stage, we throw in something new - unexpected - dooming the court to inevitably satisfy the claim regarding the recognition of illegal pricing... This is recently published material about the PRIMARY ACCOUNTING DOCUMENT... And this has already been shown by us - TOTAL WEAPONS

(Maybe it’s worth reminding?) And we raise the question of INVOLVING A SPECIALIST or EXPERT, for example, a TAX DEPARTMENT, to conduct an audit

in terms of compliance with the law, namely Art. 7-9 of Law 402-FZ regarding compliance with accounting requirements

We involve the Tax Service...

At this stage we submit in writing Additional explanation

I consider it necessary to provide the following additional arguments:

1) Failure to comply with the procedure for accepting fees based on the Estimate of Income and Expenses and, likewise, the lack of documentary evidence of the completion of services and work on the maintenance and repair of the house in accordance with the Estimate indicates that the partnership had no legal basis for charging payments and contributions for housing services. These actions were carried out illegally. therefore, everything received must be returned to the owners, and the organization engaged in illegal business activities must be liquidated.
2)Judicial practice confirms the need for documentary substantiation of accruals. Thus, the Resolution of the Federal Antimonopoly Service of the North-West District dated 02.04.2007 in case No. A56-31339/2006 confirmed that payments and contributions established by the homeowners’ association for the owners of premises in an apartment building and used by the HOA for its intended purpose in accordance with the estimate adopted by it, by virtue of clause 2 Art. 251 of the Tax Code of the Russian Federation are not taken into account when determining the tax base for calculating income tax, whereas otherwise there is reason to believe that a non-profit organization is engaged in non-statutory activities and therefore is subject to liquidation, and illegally obtained income is returned to the owners.

5. And the decisive moment comes

we must grasp with a developed animal instinct what the court intends to do

this can be seen from the face, from the body movements, from the way the judge’s speech has changed, how the tone has changed, from the notes that began to slip through

If you “sense” instability or hesitation, WE ENTER another APPLICATION to change the claims in accordance with Article 39 of the Code of Civil Procedure

NOW WE ADDITIONALLY RASE THE QUESTION OF RECOGNIZING ILLEGAL the charging of monthly fees for the maintenance and repair of common property in the absence of mandatory primary accounting documents

STRATEGIC POINTS

During the process, some supporting documents must appear on the part of the HOA. We cling to them as proof of actions bypassing the ESTIMATED INCOME and EXPENSES and submit a statement to the police about the crime committed under Art. 160 of the Criminal Code of the Russian Federation

a to the prosecutor's office, for example, a statement about a crime committed under Art. 165 of the Criminal Code of the Russian Federation

You have to go into the process and then they start twitching - this creates the necessary hassle in the enemy’s camp

Thus, we begin to create the necessary “environment” and carry out the task of moral suppression of the enemy before the start of the decisive battle

At the same time, an appeal is sent to the members of the board, in which, in particular, it is explained that everyone who made a decision, for example, at a price, will compensate for the damage caused, not counting compensation for moral damage - in order to sow what is needed in the enemy’s camp

Strategic horizons: in case of victory, we raise the question of the return of everything received and compensation for moral harm for the damage caused

And as an interim measure - seizure of a bank account

Well, that's enough explanation