Application to the management company and response timeframes

How to correctly compose a written appeal to the Criminal Code?

To avoid a situation where a response to a citizen’s appeal is not provided because the written statement itself was drawn up incorrectly, we will first tell you how to write a complaint correctly. The document should indicate the applicant’s first, patronymic and last name, enter the residential address and only then move on to the essence of the problem.

Explain how the Management Company violates the concluded agreement or the Federal Law “On the Protection of Consumer Rights”. Be sure to end the claim by stating your demands (for example, recalculating the quarterly fee).

If you can provide any document as evidence, make a copy and attach it to your application. It is better to keep the original document, in case you need to apply again.

The complaint is drawn up in two copies, one is sent to the office of the Criminal Code, and the second remains with the author. However, both applications must be submitted - each is affixed with the number, date and stamp of the organization. In addition, the request is recorded in the log book. If it is not possible to come to the company, the claim can be sent by mail, but with a notification of receipt and a description of the attachment.

Current information about the claim procedure

What complaints can I make to the management company? By signing a contract for the provision of services, apartment owners must receive a guaranteed volume of adequate quality. If these conditions are not met, then the owner of the apartment has the right to file a complaint with the head of the management company.

For example, during renovations in a house, due to the fault of the builders, a water line broke, which led to flooding of the apartments. Who is obliged to compensate for the damage?

It is necessary to submit a written complaint to the office of the management company, and it is advisable to have documentary facts indicating the scale and nature of the damage: photos and video materials, an independent expert report. It is very important that the complaint is endorsed as accepted; for this you need to have a second copy, on which a mark is placed (seal and signature of the official who accepted the document).

Terms for consideration of claims

The minimum period for consideration of a claim is 10 days, but practice shows that management companies are in no hurry to explain themselves to “complainants.” If all reasonable deadlines have passed, then there are two options left - write a second claim describing the consequences of inaction (applying to court) or immediately file a claim.

This is where the biggest problem sometimes lies. You need to draw up an application to the court correctly, mention only specific facts, and, if possible, articles of laws confirming the rightness of the plaintiff.

The slightest inaccuracies can lead, at the very least, to an increase in the trial time. Without a perfect knowledge of the law, the affected apartment owners will not be able to prove their case.

Legal support at the stage of writing a claim

The difficulty is that management companies most often provide services through subcontractors. Only a professional lawyer can “unravel” the pile of contracts that they conclude among themselves.

Employees know housing law thoroughly: taking into account the latest changes in legislation and the peculiarities of relations between subcontractors. By enlisting the support of our lawyers already at the stage of writing a claim, you can solve problems quickly and receive full compensation for the harm caused.

What is the deadline for response to review?

The management company does not always specify how long it will take to consider the appeal, and the resident of the house has to independently find out the response time provided by law. So, the management company must provide information on a written request from citizens about debt within 20 days . This period does not change depending on how the claim was submitted - in person or by mail.

However, depending on the information, the deadlines established by law may be reduced:

• Request requesting a reduction in payment for the services provided by the management company or compensation for losses arising due to the fact that the consumer independently corrected defects for the management company (or hired a third party) - 5 working days;
• a request for the return of money that has already been paid and reimbursement of expenses that arose due to refusal to fulfill the contract (written applications for recalculation for services provided) is considered within 10 days.

Help: In any case, we advise you to wait as long as possible for a response; perhaps the management company will send the claim to another category or it will need more time to check something.

The management company does not respond to the application - what to do?

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The majority of the urban population lives in apartment buildings, which are managed and maintained by relevant organizations - management companies (otherwise known as management companies), homeowners' associations or housing cooperatives.

If there is no benefit from these associations, residents have the right to complain to their management. But what to do if the management company does not respond to applications from owners and tenants?

In what cases do they complain about the Criminal Code?

Any citizen can submit an application, claim or complaint to the management of the management company in connection with a housing problem that has arisen or the inaction of management company employees:

• owner of the premises;
• tenant;
• a person living with the owner.

As soon as possible, the organization involved in servicing the apartment building must consider the submitted application, give a written response to the applicant and take appropriate measures in connection with the requirements specified in the application.

If the request is incorrect or cannot be fulfilled, the company must notify the citizen.

Most often people turn to the management company for the following reasons:

• lack of proper preparation of the building for the provision of housing and communal services (for example, during the heating season);
• violation of the rights and interests of residents during a general meeting of owners or the lack of organization of this meeting at all;
• inadequate quality of provided public services;
• there is a problem with the common property of the house (breakdown of the elevator, garbage chute, lack of working light bulbs in the entrance, the need for major repairs, etc.);
• provision of incomplete reporting to the organization in connection with the implementation of management activities;
• violation of other clauses of the agreement concluded with the owners of residential premises in the house.

Apartment owners, having chosen a specific management company, enter into an appropriate agreement with it, containing provisions for the management of an apartment building and servicing its residents.

If some decisions made by the company are unlawful and violate the interests of citizens, interested parties have the right to contact the Criminal Code itself with a complaint or statement.

If these actions do not bring results, citizens need to file a complaint with higher authorities that can affect the work of the organization.

What to do if the management company does not respond to applications?

The management company is obliged to fulfill all its obligations specified in the contract in a timely and high-quality manner, as well as to report on time on the work it has done.

If a complaint to the company does not produce the desired effect, the interested party has the right to appeal to higher authorities:

• State Housing Inspectorate (otherwise GZHI);
• Rospotrebnadzor;
• prosecutor's office;
• local administration;
• Judicial authority.

In the latter case, instead of a complaint, it is necessary to draw up a statement of claim and send it to the court at the location of the company.

No matter what authority the appeal is sent to, it must first be drawn up correctly and in accordance with the requirements of the law.

How to correctly compose the text of a complaint and claim?

If the management company does not respond to citizens’ statements, in this case it is recommended to first contact the State Housing Inspectorate or Rospotrebnadzor.

In the absence of active actions to help resolve the conflict, a complaint about the work of the Criminal Code can be sent to the prosecutor’s office and the city or district administration. It is worth noting that both organs are usually heavily loaded, so a response may not follow soon.

A complaint to any of the above authorities must contain the following information:

• Full name, contacts and residential address of the applicant;
• the name of the authority to which the complaint is sent (if the citizen knows the name and position of the management, this information is also indicated in the “header” of the document);
• the essence of the appeal;
• the applicant’s requirements and their argumentation from the point of view of the law (it is recommended to indicate references to regulatory legal acts);
• a list of documents that can confirm the existence of a problem;
• applicant's signature;
• date of drawing up the appeal.

If necessary, you can file a collective complaint against a management company that does not respond to residents’ requests.

A statement of claim is sent to the court if neither the Criminal Code nor other authorities take appropriate actions to resolve the conflict.

When applying to a judicial authority, the applicant must have strong arguments in hand to confirm the fact of violation of the contract for house maintenance.

The claim does not differ significantly from the text of the complaint, however, the parties to the conflict are called the plaintiff and the defendant, and the title of the document in the center is indicated as “Statement of Claim.”

Contacting the Housing Inspectorate

The activities of the GZHI are aimed at protecting the property of owners and their interests. If you want to check the work of your management company, contacting the housing inspectorate is the best option.

GZHI deals with the following issues:

• provision of housing and communal services of appropriate quality;
• implementation by the Criminal Code of regulations and provisions of the agreement;
• timely preparation of the house for seasonal changes (for example, for the heating season);
• compliance with the rules for the operation of housing and the use of common property of the house;
• etc.

If any shortcomings or violations are detected, the State Housing Inspectorate will issue a resolution for the company to eliminate them. Typically, the time frame for getting rid of the problem is set within a month. Guilty officials are brought to administrative responsibility.

Contact Rospotrebnadzor

It is recommended to send a complaint to this government body after contacting the Criminal Code and State Housing Property Committee itself. When violations are detected, Rospotrebnadzor takes appropriate measures against the offenders and obliges the organization to correct the problem.

Most often, the government agency is contacted in the following cases:

• violation of consumer rights;
• failure to provide residents with information about the company’s work and complete information about housing and communal services;
• unjustified changes in tariffs and fees for utility services;
• conducting an audit of an organization’s financial statements if there is a suspicion that it has committed fraud;
• etc.

Contacting the prosecutor's office

When contacting the prosecutor’s office, you should not count on a quick resolution of the conflict that has arisen, since this government agency is usually overloaded with work. An approximate sample of a complaint against the Criminal Code in this case is as follows.

The prosecutor's office deals with the following issues:

• the legality of charging tariffs for housing and communal services;
• the company’s refusal to issue various certificates and extracts (for example, from the apartment register);
• misappropriation of funds from the house account;
• inaction of regulatory or supervisory authorities (for example, State Housing Inspectorate).

The prosecutor's office has the right to file a claim in court if there are compelling reasons for this.

First, employees conduct a thorough investigation and check the validity of the applicant’s claims. If violations are detected, the company undertakes to correct them and compensate citizens for damages.

Contacting your local administration

You should contact the municipality in the following cases:

• in the absence of water supply, electricity or heating in the house, as well as in the provision of housing and communal services of inadequate quality;
• in case of untimely removal of garbage from the local area;
• if the management company refuses to provide information about its work;
• etc.

An approximate form of a complaint or application to the administration is as follows. In practice, there is little effectiveness from contacting this government agency.

https://www.youtube.com/watch?v=Nvc7B1iPPfA

In particular, this is due to the workload of municipal staff. In case of inaction of the local administration, it is also possible to file a complaint against it to a higher authority (for example, to the court).

Appeal to the court

If the management company does not respond to requests from residents or the organization’s response does not satisfy the apartment owners, and higher authorities are unable to resolve the conflict, it is necessary to file a claim in court.

The decision made by the authorized judge is binding on the Criminal Code. In case of evasion of the provisions of the court order, company officials will be held accountable.

The claim is accepted for consideration before the expiration of 5 days from the date of filing the papers with the court office. If there are errors in the text of the document, the application is returned to the plaintiff. You can resend the claim after correcting the shortcomings.

The judge's decision is executed by the Criminal Code voluntarily or with the assistance of bailiffs.

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Source: https://metrtop.ru/zhkx/upravlyayushhaya-kompaniya-ne-reagiruet-na-zayavleniya/