Repairs in HOA - 4220 advice from lawyers and lawyers

Types of HOA services

In order to create an HOA, all it takes is the initiative of one of the owners of an apartment in an apartment building, and to join a partnership, you just need to submit an application.

However, in order for this partnership to benefit its members, it is necessary to attract the help of specialists working in different fields of activity, who will be responsible for certain aspects of establishing living in a particular house.

Today, the following types of HOA services are distinguished:

Organizational services - the provision of services that relate to various planning and production processes, ensuring the availability of the necessary information, as well as reliable control over the paperwork and daily work of the partnership. It should be noted that all internal and external relations in the HOA must be built exclusively on a contractual basis.
Supply of energy resources, gas, electricity, heat, water - this type of service involves the participation of third-party suppliers who cooperate with the HOA on the basis of relevant agreements. Such processes are controlled by representatives of both parties.
Planning and design of the territory adjacent to the house - to carry out these tasks, the employees of this partnership can attract not only their own staff, but also third-party specialists involved in the care of sports grounds, children's playgrounds, all green spaces, as well as other similar objects.
Accounting is a type of service that is required in any organization. After all, the homeowners’ association is engaged in monetary settlements on the basis of various agreements concluded with third parties, pays wages, acquires all the necessary tools, materials and equipment, pays taxes, regularly prepares income and expense estimates, financial and material reports. That is why the services of experienced specialists are required to maintain accounting records for HOAs.
HOA maintenance – involves providing the full range of work required to maintain an apartment building:
Emergency work.
Providing permanent dispatch service.
Preparing the building for use in different seasons of the year.
Carrying out technical inspections (including according to a pre-drawn schedule).
Housing services - carrying out a range of works, including improvement of the house and garden area, cleaning, as well as all necessary sanitary and epidemiological measures (checking the microclimate, garbage removal, removal of rodents and parasites).
Legal services – for this purpose it is necessary to involve a specialist of broad specialization. If the homeowners’ association employs a lawyer with a narrow specialization, then, if necessary, you need to seek help from a lawyer who works in the relevant area. As a rule, such maintenance includes the following tasks being performed by a specialist:
Maintaining personnel records and resolving various labor disputes.
Providing the necessary information, as well as its subsequent support, in accordance with generally accepted standards.
Resolving disputes between various third parties and the homeowners association.
Representing the interests of HOAs in court.
Debt collection.
Development of all necessary documents for the operation of the HOA, as well as the subsequent introduction of various adjustments to them.
Creation of a charter for the work of this partnership.
Preparation for holding general meetings on various occasions.

Maintenance of homeowners associations

Advice from lawyers:

1. House in a HOA. How and where money is transferred for home repairs and maintenance.

1.1. You need to look at the receipt for payment for the underlying types of services or contact the chairman of the HOA in writing for clarification.

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2. If there is no HOA agreement with the owner, how to pay for house maintenance services.

2.1. Draw up an agreement and pay. GOOD LUCK TO YOU.

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3. Our HOA held a vote to raise the tariff for housing maintenance from 20 rubles to 23 rubles. Without holding a meeting and without showing the residents the protocol with the voting sheet, the HOA independently decided to raise the tariff for servicing the house. After appealing to the chairman of the HOA to provide the residents with a voting sheet, he simply ignored it. What should we do and where can we turn?

3.1. Contact the housing inspectorate and the prosecutor's office to conduct an inspection, then go to court.

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4. If the MK is not a cooperative or an HOA, can the chairman of the house council enter into an agreement with any company for the constant maintenance of the barrier installed in the yard?

4.1. Formally, there must be a decision by the apartment owners to conclude this agreement. But many people conclude such agreements this way, although this is not correct. Sincerely.

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5. As the owner of a 1/94 share of non-residential premises in an apartment building (built-in parking), I turned to the HOA with a demand for its maintenance. My request was rejected with the motivation that the HOA does not have the right to maintain private property (only the common property of the apartment building), because this will already be a commercial activity. How can you oblige a homeowners association to take over the management (maintenance) of non-residential premises? If the HOA is right, then how can we organize maintenance of the premises?

5.1. The provisions of the Civil Code contain rules prescribing the obligations of owners to maintain property and bear certain costs associated with the maintenance of property. The costs of maintaining property that is in shared ownership, according to Article 249, are borne by the owners, according to their share. The legal composition of Article 210 of the Civil Code of the Russian Federation obliges the owner to bear the burden of responsibility for the maintenance of the property. Otherwise may be provided by law or by a signed agreement between property owners. Property that is in shared ownership must be: in good working order; safe for others; suitable for its intended use; functional. According to the law, the owner cannot require third parties to maintain and bear responsibility for their property. The exception is cases when otherwise provided by law or concluded agreements. That is, an agreement can be concluded with all participants in shared ownership of such premises. As for classifying such a premises as the common property of an apartment building or not, information from the Unified State Register can help; for new objects, the Unified State Register contains a special entry for the common property of an apartment building.

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6. I have non-residential premises in an apartment building. The HOA does not register the water meters installed in my premises. Forces me to sign a new agreement with them (with the HOA) for the maintenance of my premises, and only after that they are ready to register them. Our water consumption is very small, but in receipts they calculate it according to the average (it turns out to be a lot). How to oblige the HOA to count water using installed metering devices?

6.1. All non-residential premises are the common property of the HOA. And the HOA bears the costs of its maintenance.

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7. I flooded the apartment and they gave me a bill. The assessment was carried out by the HOA and a home maintenance company. There is no receipt or sales receipt. the amount for the examination is more than 50% of the damage caused. How to proceed. They require you to pay the costs of the examination. What should I do?

7.1. Good afternoon, Igor. Agree with the owner of the apartment that you flooded to reduce the amount of payment for the examination and ask to write a receipt confirming that the damage has been repaid in full and that there is no claim if you pay for the damage and the cost of the examination.

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7.2. I do not advise you to pay either for the damage or for the examination, because... the cost of the work may be inflated, and the cost of the examination must be documented. Let them go to court and prove the extent of the damage. It will probably be much smaller.

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8. In our house, the water supply was initially handled by the HOA. They sealed the water meters. Then we were transferred to service directly at Vodokanal. But Vodokanal did not give me a seal. So, will the existing seals supplied by the HOA be valid?

8.1. In your case - yes. The issue with filling is within the competence of the contractor, the consumer himself does not deal with it.

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9. The roof of an apartment building is leaking, but the HOA does not fix it, citing the fact that the owners did not enter into an agreement with the HOA for roof maintenance.

9.1. The one who maintains the house does the repairs. If the HOA management method is chosen, then it carries out all the necessary work to maintain the house and can involve other organizations.

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10. In our apartment building, a TSN (HOA) has been organized. Heating is apartment-by-apartment, through individual gas boilers; our TSN council initiated a general vote on the issue of servicing boilers by a specific organization without holding a tender. The question is: is the decision of the general meeting legal in relation to individual boilers, because this is personal property, although it is an object that poses a danger to the entire house.

10.1. Read your HOA charter, everything is spelled out there, I think it’s legal.

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11. Krasnoyarsk Vyacheslav Zorin. I am an industrial climber specializing in the installation of building facades. I need to draw up a correct (not onerous) agreement with a representative of the HOA for the post-warranty maintenance of the facade of a residential building. Can you help me with this?

11.1. Hello. Can. Contact any lawyer of your choice by personal message or using the contact information specified in the relevant lawyer’s profile. The service is paid.

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12. The HOA issued an invoice for washing and pressure testing as a separate line in the payment in addition to the fee for maintaining the property. Is this legal? Shouldn't all home maintenance work be paid for under the heading of property repairs and maintenance?

12.1. Washing, pressure testing, adjustment and adjustment of central heating systems relate to the maintenance of common property. Such work as “Inspection, washing and wiping of valve valves and faucets on heat supply systems” are also actually included in the work on the maintenance of premises that are part of the common property in an apartment building, being part of the work on flushing and pressure testing of central heating systems (Section III of the list of mandatory works and services).

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13. Hello, this is a question, the HOA turned off the electricity in the apartment for failure to pay debts to the HOA for housing services (garbage removal, cleaning of the building area, repair of the entrance, etc.), but there are no debts to Energosbyt to turn off, the energy sales itself did not turn off and was not going to turn it off, does the HOA now have the right to turn off the electricity in the apartment citing ONE maintenance of electrical networks? Is it possible to demand any moral compensation?

13.1. If payment is presented by energy sales, the HOA did not have the right to disconnect. You can demand material damage (for example, spoiled products), as well as moral damage, which you assess yourself.

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14. All residents of the house voted to leave the HOA and switched to another management company. Is the HOA obligated to return the contributions we made to the reserve fund?

14.1. Of course, it is obliged to transfer them to the new management organization.

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15. Is it legal to collect funds in an apartment building from homeowners for the maintenance of intercoms every six months without receipts, but simply hand over money from the floor in monetary terms? Is the action of the HOA legal? if yes then why. If not, how to punish your HOA?

15.1. Illegal, there must be an agreement for the provision of this service, and payment must be made based on the receipt. Ask to see documents for service, appeal the actions.

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16. We have an HOA and have an agreement with the management company for the maintenance of apartment buildings. How to legally terminate a contract?

16.1. Through the general meeting of MKD owners.

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17. Please help me understand the charges on the receipt. In March, the HOA charged separate lines for the repair of a residential building (tariff 3.91) and the maintenance of a residential building (tariff 9.8). Isn’t this the same thing? Separate line on those. maintenance of elevator equipment. Thank you.

17.1. Well, contact the HOA, they are the ones who charged you, and they will explain.

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18. Bankruptcy of the HOA. By decision of the Arbitration Court, an arbitration manager of MK was appointed. Does he have the right to enter into a contract for house maintenance with the management company without the consent of the residents? Those. There is no option for residents to choose a management company.

18.1. Good afternoon To get an answer to your question, we recommend calling the head of the joint venture, Yana Yuryevna Kremlevskaya, 8-343-290-07-34, she is a lawyer for many HOAs and TSNs in Yekaterinburg.

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19. 3. The chairman of the HOA entered into contracts for maintenance of the house and surrounding area. One of the board members established that the founder of the counterparties is the chairman of the HOA. What methods of protecting the rights of HOAs are provided for by the current legislation of the Russian Federation? Can these agreements be declared invalid and in what order?

19.1. Good afternoon According to paragraph 2 of Art. 174 of the Civil Code of the Russian Federation, a transaction made by a representative or acting on behalf of a legal entity without a power of attorney by a body of a legal entity to the detriment of the interests of the represented or the interests of the legal entity may be declared invalid by the court at the claim of the represented or at the claim of the legal entity, and in cases provided for by law, at the claim presented in their interests by another person or other body, if the other party to the transaction knew or should have known about obvious damage to the represented or to the legal entity or there were circumstances that indicated collusion or other joint actions of a representative or body of the legal entity and another parties to the transaction to the detriment of the interests of the represented person or the interests of the legal entity.

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20. Please help me figure this out. We have an HOA in our house. It is clear that residents who did not vote for the HOA are not members of the HOA. We (the HOA board) must draw up agreements with such owners. Should I be exempt from payments for technical services? maintenance and cap. repair of such tenants for a time when there is no contract? And with whom do you need to draw up an agreement if the apartment is municipal? Thank you.

20.1. Should not. And simply send the contract by mail with a covering letter. For signature. The absence of an agreement is not a reason for non-payment. Since the share is managed, services are provided...

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I am the owner of an apartment, the house belongs to a homeowners association, today the heating was turned on, but the faucet connecting the battery and the riser leaked, there are 2 of them on the bottom and on the top, the one from the bottom leaked.

Our house is under the maintenance of the HOA. I filed a police report against the chairman of the board for theft of funds, providing evidence.

I have been the owner of a basement non-residential premises in an apartment building since 2008.

In an apartment building in St. Petersburg, a number of owners have not paid utility bills for several years; the debt of one of them is 140 thousand rubles.

I have a debt to the HOA for major repairs and maintenance of the house, I have no debt for electricity, the HOA warned me that they would turn off my electricity.

I live on the second floor of Mk. By the decision of the meeting of homeowners of the HOA, residents of the first and second floors were exempted from paying for elevator maintenance.

The apartment building has an apartment with individual heating and hot water supply,

Please explain, replacement of mailboxes is included in the estimate for repairs and maintenance of the house,

I read that if an agreement on the maintenance and servicing of the house is not drawn up between the majority of owners and the created HOA,

I am the owner. I live in a private house, we have an HOA! I am not a member of the HOA, but they charge me 1000 rubles like others for servicing the HOA networks!

Requirements

The homeowners association servicing the house is obliged to ensure that in subordinate apartment buildings the rules and various requirements stipulated by current legislation are strictly observed in order to ensure the safe living of all residents. And violation of such rules often leads to fines.

Towards labor protection

People who perform maintenance work on various systems in apartment buildings and keep them in good condition are sometimes exposed to danger. Therefore, it is necessary to ensure labor protection, as well as compliance with safety regulations for specialists and craftsmen.

In this regard, the HOA needs to develop standard instructions and maintain special reporting logs. In addition, an employee should be appointed who will monitor compliance with labor safety rules.

Fire safety

In apartment buildings, special attention must be paid to ensuring fire safety and strict adherence to the following rules:

There should be no debris on external stairs.
It is necessary that external stairs are always in good condition.
Smoking should only be done in designated areas.
It is prohibited to store flammable substances indoors.
It is prohibited to make fires near houses.

Thanks to constant monitoring of activities, as well as the daily work of the HOA, it is possible to ensure the completion of all tasks that are necessary for the normal and safe living of residents in apartment buildings.

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How is the decision made?

The decision on repairs is made at a general meeting of premises owners . The initiator or initiative group transmits messages about the general meeting to all owners ten days before the start of the meeting.

The document indicates the time and place of the meeting, as well as the agenda (Chapter four of the Methodological Recommendations approved by Order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated July 31, 2014 N 411/pr.).

IMPORTANT! At the meeting, it is not allowed to consider issues that are not included in the list of tasks specified in the message.

After submitting the defective acts and cost estimates to the owners, a list of works and services, the conditions for their provision and implementation, as well as the amount of their financing are approved.

The conclusion of the inspection of a residential building can be prepared by both members of the partnership and third-party specialists, as well as federal executive authorities and state authorities of the constituent entities of the Russian Federation.

Repair of a residential building is divided into current and major:

Current repairs of common property are carried out by decision of the general meeting in order to prevent premature wear and tear and maintain operability, eliminate damage and malfunctions of common property or its individual elements. However, some structures will not be replaced.
Major repairs of common property are also carried out by decision of the general meeting of owners to eliminate physical wear and tear, maintain and restore serviceability with the possibility of replacing structures and equipment.

General interest works

It is important that owners clearly understand why they want to create an HOA in their home and for what purpose. If they want to create a partnership as an organization acting in the interests of the owners of premises, then the purpose of such an HOA is to unite the owners of premises to coordinate interests and make joint decisions regarding common property in an apartment building.

Based on this goal, the main tasks of the HOA:

ensure proper sanitary and technical maintenance of the common property of the owners in the apartment building;
ensure coordination of the interests of owners in the possession, use and, within the limits established by law, disposal of common property.

Other tasks of the HOA, in accordance with the law and charter, are:

effective sharing of common property;
maintaining the initial market value of real estate and, if possible, increasing it;
providing owners with conditions for safe and comfortable living;
minimizing the costs of maintenance, repairs and utilities;
obtaining additional financing through business activities;
carrying out credit and investment policies for the purpose of maintaining a house in the interests of members of the partnership;

provision of additional services to residents;
protection of the legitimate interests of the owners of premises in an apartment building in relation to the rights of ownership, use and disposal of common property and representation of the interests of the owners in relations with third parties;
joint control over compliance with hostel standards.

Lost profit

The owner of the premises independently decides whether or not to be a member of the HOA. The law (LC RF Art. 136, part 1) states that the decision to create a homeowners’ association is made by the owners at their general meeting. To do this, you need to get a majority of votes in favor. The bigger, the better. Otherwise, the “Mensheviks” - those who did not support the creation of the HOA and did not consider it necessary to be a member of it, can express their reluctance, for example, by refusing to enter into an agreement with the partnership and pay for the maintenance of common property. While the partnership will prove through the court the illegality of such actions, the funds received from bona fide owners will not be enough to pay for all the work and services necessary for the house. Everyone will suffer, and the reputation and very existence of the partnership will be at risk.

Conclusion: if a partnership is created in the house, it is in the owner’s interests to be a member of it.

And the negative consequences of refusal may be as follows: 1. Non-participation in the partnership will deprive the owner of the right to influence the decisions of the HOA, since such a “renegade” will not have the right to vote at the general meeting of members of the partnership. At the same time, all decisions of the meeting will be binding on him. 2. An owner who is not a member of the HOA will not have the right to get acquainted with all the documentation of the partnership. Thus, he is deprived of the opportunity to control the work of the partnership and its management bodies, including the expenditure of funds intended for the maintenance of the house. 3. Lack of agreement between friends does not contribute to the creation of a favorable atmosphere in the house and the comfort of living together.

Repair and maintenance of common areas

Maintenance and repair of roofs are also among the responsibilities of the management company assigned under the contract.

In this area, the Management Committee is engaged in:

replacing slate;
lubricating areas of the roof that are leaking;
carrying out emergency repairs of entrance canopies;
replacing broken parapets.

In addition, the management company undertakes obligations regarding seasonal maintenance of the house:

In summer	in winter
Cleaning roofs of debris and dirt	Removing snow from the roof
Ventilation maintenance, channel cleaning	Controlling the formation of icicles and eliminating them
Facade repair	Repair of stairs and utility rooms

If there is a need for repair work in the house, residents contact the management of the management company with a statement. After reviewing the document, the management company gives a response, informing the timing of its implementation.

Residents have the right to become familiar with the schedule for major and cosmetic repairs throughout the entire building.

Income for home

1. A homeowners' association is a non-profit organization, an association of owners of premises in an apartment building for the joint management of a real estate complex, ensuring the operation of this complex, ownership, use and, within the limits established by law, disposal of common property in an apartment building (Article 135 of the Housing Code of the Russian Federation).

2. The number of owners who created the partnership must exceed fifty percent of the votes of the total number of votes of the owners of premises in an apartment building.

3. A homeowners’ association is created without limiting the period of activity, unless otherwise provided by the charter of the association.

4. A homeowners’ association is a legal entity from the moment of its state registration. The homeowners association has a seal with its name, a current and other bank account, and other details. (Article 135, Part 1 of the RF Housing Code).

HOAs are created on a voluntary basis, at general meetings of residents of a house (or several houses located on a common plot of land with common utility networks and other infrastructure elements).

By the way, for apartments owned by the city, the city must be a member of the partnership (Department of Housing Policy and Housing Fund of the City of Moscow).

Types of reporting for HOAs

The partnership, as a legal entity, is required to report annually on the results of its work. A request for information can come either from the owner of the premises, by sending an appropriate request, or from higher authorities.

Internal reports

Provided to owners of residential premises at the annual meeting, which is held in accordance with Art. 45 Residential Complex of the Russian Federation

, in the second quarter of the year following the reporting one.

IMPORTANT!
The main function is to prove the competence and legality of the actions of senior officials in the field of managing a residential building.

Chairman's report

The report on the activities of the chairman is based on data on the work done and the fulfillment of duties established by the job description, which include:

Management of the board.
Drawing up estimates of income and expenses, cash flow control.
Monitoring compliance with the terms of the agreement between the HOA and contractors, resource supply, and service organizations.
Maintaining accounting and tax reporting, providing data to the Federal Tax Service.
Hiring and dismissing workers.
Monitoring the maintenance of public property in proper condition, for example, making a decision on the start of repairs, checking the elevator, etc.

Each partnership, based on its goals and problems, approves its job description.

Consent effect

The activities of a homeowners’ association are highly likely to be successful if the following conditions are met at the time of its creation:

there are proactive owners in the house who are ready to take on the organization of decision-making and execution processes;

asset owners correctly understand the purpose and objectives of the HOA in this apartment building;

the majority of owners have a positive attitude towards the prospect of creating an HOA and joining it, and there is no obvious opposition from any of the owners;

in the city (district) there are housing organizations - managers and service providers - interested in the HOA as a customer of services;

It is possible to organize emergency dispatch service at home for any management/service model.

Typically, in an HOA, management functions delegated by the owners to the partnership fall on the shoulders of the board. The practice of some partnerships in Russia (especially former housing cooperatives) is that the general meeting generally elects only one chairman, who heads the HOA for the period established by the charter - most often 2-3 years. If the chairman alone makes decisions on all issues of the HOA's activities, including ensuring the maintenance and repair of the house and setting the amount of payments, the HOA ceases to be an association of owners and a representative of their interests. The same thing can happen if the HOA board, consisting of several people, makes decisions based on its own opinions, and not on the opinions of other owners, and does not consult with them. The very idea of creating a partnership loses its meaning.

As a result, “ordinary” members of the HOA do not see the need for their participation in the affairs of the organization and behave passively. Everything again falls on the shoulders of the board - a vicious circle is formed. Over time, owners will begin to leave the HOA, becoming in opposition to all its decisions, conflicts and financial collapse will arise.

The partnership should become a team, headed by a board consisting of the most trained and responsible members of the HOA. The board elects a chairman from among its members, who coordinates its activities, conducts meetings, has the right to sign documents on behalf of the HOA, and at the same time is himself accountable to the board and the general meeting of HOA members.

The board relies in its activities on the most active owners - members of the HOA, for example, on the senior members of the building, who, in turn, communicate between the “ordinary” members of the partnership and the board.

To assist the board of directors, the partnership may also create initiative commissions - permanent or temporary. They are established when a special need arises. They do not make strategic decisions, but rather are created to collect and analyze information, based on which they then make recommendations to the board. But one of the commissions – the audit commission – must be created in the HOA. Its activities are regulated by the Housing Code. The audit commission checks the activities of the board and reports to the general meeting of members of the partnership.

Carrying out repairs in apartment buildings

In a situation where an agreement has been drawn up between the residents of an apartment building and the management company, it will be necessary to clarify the list of works included in the responsibilities of the management company. This area of activity affects the process of work throughout the entire house, including the entrance.

The choice of a management organization is carried out through a general meeting of premises owners. If, after some time, residents are dissatisfied with the work of the management company, they have the right to change the management method.

Maintenance of the common property of apartment buildings implies:

carrying out repair work on the foundation and walls in utility rooms, including basements and attics;
repair of doors and windows in common areas;
maintenance of communications of apartment buildings;
cleaning of entrances.

The listed items must be fulfilled by employees of the management company to maintain the satisfactory condition of the house.

Maintenance and repair work of foundations and walls

Maintenance and repair of structural elements of multi-unit buildings must be carried out periodically. General maintenance consists of repairing the foundation and walls and roof of the building.

Employees of the management company are engaged in the installation of windows and pits. If these persons refuse to perform these works, you need to write a statement to the Criminal Code. The act states that there is a violation of the agreement. The document is signed by the owners of the premises.

Also, management company employees must:

strengthen and inspect doors in the attic and basement, seal cracks that have formed in the basement of the building;
carry out regular inspections and repairs of the interior of the house;
carry out facade repair work;
maintain the proper appearance of burrow signs and signs. During cleaning, these elements are cleaned of dust.

The ceilings in the attic deserve special attention, since when in a state of disrepair, this element poses a danger to the life and health of a citizen. For this reason, residents of apartment buildings have the opportunity to influence management employees so that they replace outdated elements.

If the management company refuses to repair the house

If the contract for the maintenance of apartment buildings is carried out by employees of the management company in bad faith, then the owners of residential premises have the right to write a complaint to the Criminal Code. A collective complaint is formed, signed by all residents.

The act must be drawn up in 2 copies, one of which remains with the citizens. The document must be reviewed within 10 days. If there is no response, apartment owners contact the prosecutor's office or housing inspectorate.

Before writing a statement, you need to take into account that the responsibilities of the management company’s employees are only repairs in common areas. The management company is not required to renovate apartments. The exception is when an accident occurs, for example, when a pipe bursts in a room. Then the citizen can demand that work aimed at liquidation be performed.