Write a claim for failure to provide intercom repair services

August Representatives of the management company come and try to collect signatures from residents on the registration sheet: It should be noted here that the registration sheet is only an appendix to the minutes of the general meeting. Leaving a signature on such a sheet is the same as signing on a blank sheet of paper. I ask the representatives of the management company where the protocol is, why we are collecting signatures. They nervously answer that this is not the minutes of the general meeting at all, they say, we are just trying to find out the opinion of the majority, and ask all questions to the authorities. I warn you about liability for falsifying the protocol. The aunts immediately take the sheets and disappear. After this incident, the management company unsuccessfully tried twice more to “hold” the general meeting retroactively by collecting signatures. Despite the fact that the Housing Code prohibits holding an absentee meeting without an attempt to hold an in-person meeting.

How not to pay for an intercom: golden intercom

April The Prosecutor's Office does not respond, Rospotrebnadzor redirects the appeal to the Housing Inspectorate: The Housing Inspectorate asks the management company for the minutes of the general meeting: Notice how suddenly, instead of agreement No. 203/020-AA dated 02/11/2002, which was referred to by the Prefecture and the management company, another one pops up , No. 168/10-AA dated December 31, 2010, which once again indicates the chaos going on. May-June The Housing Inspectorate sends another batch of responses to the duplicate request forwarded by Rospotrebnadzor, and for the second time requests the minutes of the general meeting: July I get tired of waiting and myself write an application to the management company to provide the minutes of the general meeting: The calculation is as follows: either the management company will provide the minutes ( which is unlikely), or admits its absence (and the illegality of additional collection of money for the intercom), or ignores the appeal (and receives a statement to the prosecutor's office about inaction).

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10 months of correspondence, 12 statements, 13 replies.
Result: almost 400 thousand rubles.

This is exactly the amount the management company is forced to return to residents due to the illegal charging of additional fees for the maintenance of the locking device (intercom).

Theory

If your payment has a “Locking device” item, it is almost certainly added there illegally, and you are paying for this service twice.

By default, intercom maintenance is carried out at the expense of funds transferred for the maintenance and repair of residential premises. The law does not prohibit the allocation of this service as a separate line, but in this case the amount of the fee is approved only by a decision of the general meeting of owners of an apartment building.

In their responses, executive authorities, with tenacity worthy of better use, refer to Moscow Government Decree No. 937-PP dated October 12, 2010, which allegedly establishes tariffs for intercom service. However, a careful study of the text makes it clear that the resolution does not determine the size of the fee, but a subsidy for the payment of utility services.

Detailed legal review.

Practice

To exclude the “Locking device” item from the payment, you need to take several steps:

1. Be patient. 2. Stop paying for the intercom. 3. Find out who includes the intercom service in the payment. 4. Write an application to exclude this line (and receive a refusal). 5. Send appeals to the Housing Inspectorate, Rospotrebnadzor and the Prosecutor's Office. 6. (If it doesn’t help.) File a lawsuit.

Algorithm of actions and templates of statements.

Go!

January 2014

I am sending an appeal to the electronic reception of the Moscow Government:

Please provide me with the following information: - on behalf of which executing organization (managing or servicing, indicating the name, legal address and telephone number) the cost of maintenance of the locking device is included in the unified payment documents issued to me; — whether the owners of the house made a decision to establish the appropriate amounts of payments (with sending me copies of the relevant protocols).

I receive a response from the Prefecture:

February

I am writing an application to the management company about excluding the line about the intercom from the payment:

I get the expected refusal:

March

I send requests to the electronic reception desks of the Housing Inspectorate and the Prosecutor's Office, and also send a paper letter to Rospotrebnadzor:

The payment documents issued to me for payment of housing and communal services include the cost of maintenance of the locking device (intercom) in the amount of 64 rubles.
The provider of this service is the management company of the Moscow State Budgetary Institution “Zhilishchnik of the Maryina Roshcha District” (address: Moscow, 4th Maryina Roshcha Street, 4). The cost of the service is billed on behalf of the management company. The service is provided by concluding an agreement with the contractor SANCOM LLC (legal address: 141500, Solnechnogorsk, Lesnaya St., 1/17). At the same time, the payment documents include payments for the maintenance and repair of residential premises in the amount of 24.53 rubles/sq.m. These payments fully correspond to the prices established by the Moscow Government Decree No. 748-PP dated November 26, 2013 “On approval of prices, rates and tariffs for housing and communal services for the population for 2014.”

The decision of the general meeting of owners of premises in our building to approve the amount of payment for the maintenance and repair of residential premises and the amount of the cost of maintenance of the locking device allocated from it was not adopted.

I did not enter into an agreement for the provision of maintenance services for the locking device; I did not receive or accept proposals for its conclusion containing essential conditions (in particular, the subject of the agreement). I did not give consent to perform additional services for a fee, verbally or in writing.

The use of a locking device is due to the impossibility of access to the residential premises in any other way.

I was not provided with information about the nature of this service, the conditions for its provision, or the possibility of refusing to pay for it. Payment is imposed by including a non-excludable line in payment documents, along with mandatory housing and communal services. Failure to pay the cost of this service will result in the accrual of debt for other services.

In accordance with Part 7 of Art. 156 of the Housing Code of the Russian Federation, the amount of payment for the maintenance and repair of residential premises in an apartment building in which a homeowners’ association or a housing cooperative or other specialized consumer cooperative has not been established is determined at a general meeting of owners of premises in such a building.

In accordance with Part 4 of Art. 158 of the Housing Code of the Russian Federation, the amount of payment for the maintenance and repair of residential premises for owners of residential premises who have not decided to establish the amount of payment for the maintenance and repair of residential premises in the city of Moscow is established by the state authority of the city of Moscow.

At the same time, the Moscow Government does not approve prices for the maintenance of locking devices, which are obligatory for residents to pay, since Resolution of the Moscow Government of October 12, 2010 No. 937-PP “On prices for services for the maintenance of locking devices installed in the entrances of residential buildings” determines prices for maintenance services for locking devices only to calculate the amount of subsidies for housing and utilities (clause 1 of the resolution), in accordance with Art. 159 Housing Code of the Russian Federation.

It should be noted that by the Ruling of the Supreme Court of the Russian Federation dated June 2, 2010 in case No. 5-G10-59, the possibility of highlighting the cost of maintenance of a locking device in payment documents as a separate line was recognized as legal and not violating Art. 154 Housing Code of the Russian Federation. However, this does not cancel the requirements of Art. 156, 158 of the Housing Code of the Russian Federation, since the issues of compliance of the billed amounts of payments with the established tariffs were not the subject of consideration by the Supreme Court. At the same time, the Decree of the Supreme Court of the Russian Federation dated March 1, 2011 in case No. 86-Vpr10-9 declared illegal the use of prices that do not correspond to those established in accordance with Art. 156 Housing Code of the Russian Federation.

In accordance with paragraph 2 of Art. 1 of the Civil Code of the Russian Federation, citizens acquire and exercise their civil rights of their own will and in their own interest. In accordance with paragraph 2 of Art. 307 of the Civil Code of the Russian Federation, obligations arise from the contract. According to paragraph 1 of Art. 421 of the Civil Code of the Russian Federation, citizens and legal entities are free to enter into an agreement; coercion to conclude a contract is not permitted. According to paragraph 3 of Art. 308 of the Civil Code of the Russian Federation, an obligation does not create obligations for persons not participating in it as parties (for third parties).

In accordance with paragraph 3 of Art. 16 of the Law of the Russian Federation “On the Protection of Consumer Rights” the seller (performer) does not have the right to perform additional work or services for a fee without the consent of the consumer. Thus, the provision of services that are not conditional on the consumer’s consent to their provision does not give rise to the consumer’s obligation to pay for them.

At the same time, the fact of using the service does not indicate the consent of the consumer and does not mean entering into a contractual relationship, in which, without such use, the implementation of the fundamental constitutional and civil right to housing and unhindered access to housing is impossible.

In accordance with Art. 10 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the manufacturer (performer, seller) is obliged to promptly provide the consumer with the necessary and reliable information about goods (works, services), ensuring the possibility of their correct choice; information about goods (works, services) must necessarily contain the conditions for purchasing goods (works, services).

Consequently, the inclusion in payment documents of the cost of maintenance of the locking device, in addition to the cost of maintenance and repair of the residential premises, in the absence of approved tariffs, without an agreement with me, without my consent, in the absence of necessary and reliable information, contradicts the requirements of Art. 156, 158 Housing Code of the Russian Federation, Art. Art. 1, 307, 421 Civil Code of the Russian Federation, Art. Art. 10, 16 of the Law of the Russian Federation “On the Protection of Consumer Rights”.

Thus, the actions of the management company of the Moscow State Budgetary Institution “Zhilishchnik of the Maryina Roshcha District” contain signs of committing administrative offenses under Art. 14.6, 14.7, 14.8 Code of Administrative Offenses of the Russian Federation.

The stated arguments have previously been repeatedly the subject of consideration by arbitration courts, which established the illegality of the use of unapproved prices and imposition of services for the maintenance of locking devices by the State Property Committee of the District and management organizations of the city of Moscow (cases A40-14583/2011, A40-68162/2011, A40-104707/ 2011, A40-112389/2011, A40-82737/2012, A40-112073/2012, A40-67319/2013).

Based on the above, I ask:

1. Take response measures by submitting an order (representation) to stop the violations committed, within the limits of competence.

2. Initiate an administrative violation case against the management company of the Moscow State Budgetary Institution “Zhilischnik of the Maryina Roshcha District”.

3. In the absence of competence, transfer the handling of related materials to the competent authority, informing me about this within the period established by law.

Applications:

1. Copy of the EPD for February 2014

April

The prosecutor's office does not respond, Rospotrebnadzor forwards the appeal to the Housing Inspectorate:

The Housing Inspectorate requests the minutes of the general meeting from the management company:

Please note how suddenly, instead of agreement No. 203/020-AA dated 02/11/2002, which was referred to by the Prefecture and the management company, another one emerges, No. 168/10-AA dated 12/31/2010, which once again indicates what is happening mess.

May June

The Housing Inspectorate sends another batch of responses to the duplicate appeal forwarded by Rospotrebnadzor, and for the second time requests the minutes of the general meeting:

July

I get tired of waiting and write an application to the management company to provide the minutes of the general meeting:

The calculation is this: either the management company will provide the protocol (which is unlikely), or admit its absence (and the illegality of additional collection of money for the intercom), or will ignore the appeal (and receive a statement to the prosecutor's office about inaction).

August

Representatives of the management company come and try to collect signatures from residents on the registration sheet:

It should be noted here that the registration sheet is only an appendix to the minutes of the general meeting. Leaving a signature on such a sheet is the same as signing on a blank sheet of paper.

I ask the representatives of the management company where the protocol is, why we are collecting signatures. They nervously answer that this is not the minutes of the general meeting at all, they say, we are just trying to find out the opinion of the majority, and ask all questions to the authorities. I warn you about liability for falsifying the protocol. The aunts immediately take the sheets and disappear.

After this incident, the management company unsuccessfully tried twice more to “hold” the general meeting retroactively by collecting signatures. Despite the fact that the Housing Code prohibits holding an absentee meeting without an attempt to hold an in-person meeting.

30 days are running out for a response to my application submitted in July. Obviously, there is no protocol in the management company. I give two more weeks for the reply to be delivered by mail. Tick ​​tock, guys. Tick ​​tock.

September

I go to the EIRC and wonder if there is a way not to pay for the intercom in such a way that the debt is not spread across all the lines (this is important). The specialist listens to a brief history of my butting, smiles and makes a note in the system about waiving the intercom fee. From this moment on, you can deduct the cost of servicing the intercom from the total amount in the payment, and the debt will accumulate only for this item.

Easy to say, difficult to do. Raiffeisen Internet Bank categorically refuses to accept an amount less than that indicated on the payment. Fortunately, TKS Bank accepts it without problems. I pay the September payment minus 64 rubles. I check with the EIRC: everything is in order, the debt was incurred only for the intercom, and not for all items.

Meanwhile, the management company makes one last attempt to obtain the protocol using the threat:

It should be noted that the agreement is concluded between the management company and the service organization. Residents are completely clueless about who does the maintenance. They pay for maintenance and repairs and, in case of breakdowns, write statements to the management company. And then it’s her problem: fix it herself or hire contractors.

The time limit for delivery of the response has expired. I am writing a statement to the Prosecutor’s Office regarding the inaction of the management company:

At the same time, I print out the electronic statement, which the Prosecutor’s Office ignored in March, and personally sign it on the copy.

I also ask the Housing Inspectorate whether the management company provided them with the protocol or not.

October

Hooray! The “Locking device” item disappears from the payment order! And not only at me, but at the entire entrance. Grateful grandmother neighbors ring the doorbell.

Answers are coming from the district attorney's office. Judging by the stamps, the postman took three weeks to deliver envelopes from the post office to the mailbox! I am writing two statements to the Russian Post, the culprits will lose their monthly bonus.

There is nothing interesting in the answers themselves: my statements were redirected to the lower interdistrict prosecutor's office. It’s my own fault, I unknowingly sent them to the wrong place, next time I’ll be smarter.

The housing inspectorate also does not report anything new: an inspection is underway, wait for the results.

At the monthly meeting of the head of the district government with residents, I ask a question about the inaction of the management company regarding my July application. They promise to sort it out. The next day they call early in the morning and report that the answer was supposedly sent by mail back in August. I’ll pick up a copy of the answer in person:

They finally admitted that they did not have a protocol.

November

Ta-dam!

I go to the EIRC and find out that the entire entrance has been recalculated and the funds paid for the maintenance of the locking device for 41 months have been returned! Everything fits: the statute of limitations is 3 years, plus 5 months that have passed since May, when the housing inspectorate began to harass the management company. The total refund amount was 2624 rubles. for an apartment or 393,536 rubles. to the entrance.

The final answer comes from the Housing Inspectorate:

Morality

Know your rights and know how to defend them.

Acknowledgments

Thanks to Sergius sergij2011, author of the EPD and intercom website for the instructions, application templates and advice on resolving the issue. 2048 rub. (most of the refunded amount) went to his e-wallet.

Thanks to the employee of the EIRC of the Maryina Roshcha district, Gribtsova O.V. for the consultations and good mood.

Thanks to the Deputy Head of the Housing Inspectorate for the North-Eastern Administrative District N.V. Chupina for bringing the matter to a victorious conclusion.

Links

https://sites.google.com/site/epddomofon https://forum.ozpp.ru/showthread.php?t=103341

Edits

11/13/2014. Added the response from the management company received in October.

Community "Consumer Protection in the Housing and Utilities Sector"

Ladozhin from Kirin Andrey Alexandrovich address: 309290, Belgorod region, Shebekino, lane. Shumilova, 115-28 Claim to the management company I, Kirin Andrey Aleksandrovich, am the owner of apartment No. 28 of an apartment building at the address: Shebekino, st. Shumilova, 115. The house is maintained by the manager headed by you.

As a homeowner and a citizen permanently residing in the above-mentioned apartment, I pay rent in full on a monthly basis, including for the proper maintenance and repair of common property in our house. All payments can be documented: payment receipts. In turn, the management company, in accordance with Art. 161 of the Housing Code of the Russian Federation is responsible for the provision of services for the management of an apartment building, proper maintenance and repair of common property in such a building. In accordance with clause 10 and clause

How to terminate an intercom service contract without the company’s consent?

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Why should I pay for the front door? The intercom organization says that it is impossible to terminate. Which article can be referred to upon termination? November 09, 2020, 07:27, question No. 1435067 Elena, Chelyabinsk Collapse Answers from lawyers (3) Orenburg Chat Hello, Elena! The relationship between you and the intercom service organization is regulated by Ch.

39 of the Civil Code of the Russian Federation. Provision of paid servicesIn accordance with clause Art. 782 of the Civil Code of the Russian Federation, the customer has the right to refuse to fulfill a contract for the provision of services for a fee, subject to payment to the contractor for the expenses actually incurred by him. You have the right to send

Complaint to the management company

Be patient.2. Stop paying for intercom.3. Find out who includes the intercom service in the payment.4. Write an application to exclude this line (and receive a refusal).5. Send appeals to the Housing Inspectorate, Rospotrebnadzor and the Prosecutor's Office.6. (If it doesn't help.) File a lawsuit. Algorithm of actions and templates of statements. Go! January 2014 I am sending an appeal to the electronic reception of the Moscow Government: Please provide me with the following information: - on behalf of which performing organization (managing or servicing, indicating the name, legal address and telephone number) the cost of maintenance of the locking device is included in the unified payment documents issued to me; — whether the owners of the house made a decision to establish the appropriate amounts of payments (with sending me copies of the relevant protocols).

The intercom in the apartment does not work

Telephone consultation Free call 92 lawyers now on the site 2945 consultations in 24 hours If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you In 2014, we bought an apartment, there is an intercom system, we did not use it, the intercom did not work, we did not conclude an agreement , receipts come with a debt to the old owner, now they wanted to draw up an agreement and connect the phone, but the company demands to pay the debt, how to correctly write and send them a claim or statement so that they enter into a new agreement with us without the debts of the previous owner. Write a complaint, indicating that you did not use the service, and therefore there are no grounds for demanding payment from you.

The intercom in our apartment does not work. Is it a violation if I do not open the intercom by phone? call? After all, the entrance to the apartment

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Attention

Housing Code of the Russian Federation, the amount of payment for the maintenance and repair of residential premises for owners of residential premises who have not decided to establish the amount of payment for the maintenance and repair of residential premises in the city of Moscow is established by the state authority of the city of Moscow. At the same time, the Moscow Government does not approve prices for the maintenance of locking devices, which are obligatory for residents to pay, since Resolution of the Moscow Government of October 12, 2010 No. 937-PP “On prices for services for the maintenance of locking devices installed in the entrances of residential buildings” determines prices for maintenance services for locking devices only to calculate the amount of subsidies for housing and utilities (clause 1 of the resolution), in accordance with Art. 159 Housing Code of the Russian Federation. It should be noted that by the Decree of the Supreme Court of the Russian Federation dated June 2, 2010 No.

Complaint to the city administration regarding improper cleaning of the territory

Free consultation by phone: +7 (499) 495-49-41 Contents Issues in the field of improvement, requirements for cleaning procedures and maintenance of urban areas are regulated by the rules of improvement adopted in the territory of the municipality, which set out uniform and binding requirements. Thus, the Rules for the improvement of a municipality may establish that if the sidewalk is a local area, the entrance to the yard, a pedestrian path, then the responsibility for carrying out work on the improvement and maintenance of the adjacent territory lies with the organization managing/operating the apartment building; in other cases, responsibility for the cleaning and maintenance of the roadway and adjacent sidewalks is entrusted to the owners (land users) of the relevant territories, or to the organizations responsible for the cleaning and maintenance of the roadway. Attention To do this, you need to fill out all the required fields of the form, enter the text of the complaint, and support it with documents (photos).

1. Via fax.
2. To the administration email address.
3. Send a written appeal by mail or through a box for receiving citizens' appeals.

Department of Housing and Communal Services.

Another executive body that monitors the cleanliness of the territories is the Department of Housing, Communal Services and Improvement (DHKhiB). It consists of district and district divisions. Go to data

How to write a complaint about poor snow removal?

(Sample complaint for download)

Contents of the article The management company that services your home is responsible for clearing snow in courtyards, adjacent areas, sidewalks and in front of entrances. This could be either a DEZ, a private management company or some other contracting organization.

All services that the organization must provide to residents are listed in detail in the agreement with the management company servicing the house. The annexes to the contract indicate the frequency of all services and their estimated cost.

If the management company fails to comply with the terms of the contract, residents have the right to demand a recalculation of payment for the period when the relevant services were not provided, were provided incompletely or with poor quality.

It is important that the list of services included in the contract is not drawn up at the discretion of the management company, but on the basis of the norms and rules regulated by law. The standards and requirements for the maintenance of houses, courtyards and local areas, given in government regulations, are mandatory for all management companies and service organizations, regardless of whether it is a public health unit or a private company.

If you do not have a copy of the signed agreement in your hands, you can request your copy from the management organization in accordance with Art. 162 Housing Code of the Russian Federation.

How to write a complaint about poor snow removal?

According to clause 3.6.1. Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170, cleaning of courtyards and adjacent areas from precipitation and garbage is carried out by service organizations.

Sample applications to the management company

• Categories
• Consumer rights Protection
• Hello.
  The intercom at our entrance has not been working for more than two months. Who wants to come in? The door won't close at all. Just like an ordinary door. We do not have a combination lock in parallel with the intercom. The woman at the entrance constantly calls the housing office, complains, and demands that a new one be installed. But there are only excuses. They say that there are no new intercoms yet. Like, wait until they bring it. But nevertheless, we, the residents, pay for the use of the intercom. I understand that the money is not very big, but still. We also asked about this, but we were told that they would not deduct anything, since this fee also includes emergency repairs, and in general they spread the annual intercom service over all months. Like, this is what the monthly fee for the intercom is made up of.

Samples of claims to intercom companies

08/29/2020 Author: Often the easiest way to restore your rights is to send a corresponding claim directly to the installer company. Of course, if you know the installation company, because the favorite pastime of intercom companies is to hide from you in the first weeks after they have installed or replaced an intercom system.

Apparently, they do not want to receive numerous complaints from residents and want to wait until everything settles down. Personally, I managed to find out who replaced the intercom in our house only after a month and with very great difficulty.

If you were unable to identify the installation company, then do not wait and immediately contact the supervisory authorities against the unidentified company with the appropriate complaints, let them find out who replaced the intercom in your house and violated your rights.

We recommend reading: How much does it cost in the city to get your license?

Before submitting written claims, we recommend that you submit oral demands.

Illegal charging of payments for intercom.

Important

The use of a locking device is due to the impossibility of access to the residential premises in any other way. I was not provided with information about the nature of this service, the conditions for its provision, or the possibility of refusing to pay for it. Payment is imposed by including a non-excludable line in payment documents, along with mandatory housing and communal services.

Failure to pay the cost of this service will result in the accrual of debt for other services. In accordance with Part 7 of Art. 156 of the Housing Code of the Russian Federation, the amount of payment for the maintenance and repair of residential premises in an apartment building in which a homeowners’ association or a housing cooperative or other specialized consumer cooperative has not been established is determined at a general meeting of owners of premises in such a building. In accordance with Part 4 of Art.

Sample claim for cleaning of local area

The letter can also be sent by email, but in this case you will not have confirmation that your complaint was received. The complaint can be made in free form, but you must indicate your last name, first name, patronymic, and full postal address.

A contact telephone number (preferably a landline one) is also indicated. The text containing the essence of the appeal must have a personal signature. The period for consideration of applications is regulated by law; measures on urgent issues must be taken within 1-5 days.

On current issues, citizen complaints are considered within 30 days from the date of filing. Most of these transactions are due to late payments from the residents themselves.

In other words, the management company distributes the debts of defaulters to those who pay for its services regularly.

There is no sample claim for recalculation to the management company as such.

Attention To initiate a re-calculation of the amounts accrued by the management company, apartment owners submit an application for recalculation instead of a claim.

Together with the applicant’s detailed comments, such a document should be sent to the company’s settlement center. Claim for compensation for damage due to flooding If the basement of an apartment building is flooded, all the blame lies entirely with the management company, since it is she who is responsible for the condition of the engineering communications of the apartment building.

It’s another matter if the flood occurred in a separate apartment, in which case it is more difficult to identify the culprits. Info Gcal/ sq.m. It is better to make a claim only

If they don't clean up the yard COMMUNAL SELF-DEFENSE. Rules for cleaning the yard Where to complain if the yard is not cleaned Samples of statements

1 COMMUNAL SELF-DEFENSE If they don’t clean up the yard Rules for cleaning the yard Where to complain if the yard isn’t cleaned Sample statements Handouts from the Center for the Protection of Citizens’ Rights “A Just Russia”2 2 IF THEY DON’T CLEAN UP THE YARD If there is dirt in your yard or the janitor doesn’t clean it up at all, don’t we have to put up with it!

In this manual you will find a step-by-step solution to the problem of an untidy yard. Yard cleaning should be carried out by a management company or HOA, that is, the organization that maintains your home and to which you pay for repairs and maintenance of your home.

If the local area is not demarcated, the management company is still obliged to keep the yard clean (parking lot, playground, landscaping elements, entrances to entrances, areas for garbage cans). It doesn’t matter in principle how often your management company cleans the local area, the main thing is that it is clean in good condition, there was no debris on it and movement along the sidewalks and areas in your yard was safe and comfortable.

However, if we talk about yard cleaning standards, then the frequency and scope of cleaning should be determined in the management agreement.

If the agreement does not say anything about this, then the general rules adopted by the local government should apply. Typically, cleaning standards are determined by the rules of improvement of your city. At the same time, city improvement rules are adopted in accordance with recommendations that can be found in the Rules and Standards of Technical Operation

Forum burmistr.ru - forum about housing and communal services (management of apartment buildings)

GZHI - in Moscow, there is a sea of ​​judicial practice regarding the refusal of residents to recalculate and the legality of including a line for the maintenance of the charger in the EPD. In your case (Moscow), the tariff for servicing the charger is determined by the Government Decree, in addition, in Moscow the procedure for organizing work on installation and maintenance of the charger is determined , inclusion in the ENP simply at the request of the management company is impossible. Receipts are generated for you by the State Budgetary Institution of the MFC (this is another party in the relationship between the management company and the owner in Moscow) and without them it is impossible to “include” any lines in the EPD. And the management company does not receive money for maintenance, because According to the supplier code, they are immediately sent to the service provider. You have an intercom or a locking device, which was installed at its own expense by the organization servicing it (i.e. it is its property), the maintenance of this device cannot be included in the rate for the SiR because This is not OIMCD. Accordingly, payment is made according to the tariff approved in Moscow for additional charges.

They don't pick up trash in the yard: where to complain?

» Cleaning of the local area and common areas in the building of a multi-storey building is included in the range of services for its maintenance.

For this service there is a fee that residents of the house must pay monthly. Depending on the form of management of the house, the surrounding area is cleaned by employees of the Management Company, HOA, housing cooperative, options are possible. Contents But the service provider does not always perform his duties perfectly; often apartment owners see an unpleasant picture of dirty entrances and sidewalks near the house.

Where to complain about poor yard cleaning, how to properly file a complaint?

It is important to know this, to control the work of the contractor, so as not to pay for low-quality services. When apartment owners choose a form of house management, they draw up an agreement with the organization that will be involved in the maintenance of the building and the surrounding area.

The contract must specify the services of the contractor and the requirements for their quality. Payment is made for services provided and of high quality, professional. ATTENTION! The agreement with the Management Company must be drawn up taking into account the legislative norms and rules governing the provision of public services. The agreement determines not only the range of work on maintaining the house, but also the frequency of their implementation.

This rule applies to any organization engaged in the maintenance of apartment buildings. Apartment owners can receive an agreement with a service organization; this is provided for in Article 162 of the Housing Code.

An error occurred.

How often do homeowners in an apartment building get frustrated with constant dissatisfaction with public utilities, and in such cases, filing a complaint with the management company can be an effective way to rectify the situation. After all, a claim is a way of pre-trial dispute resolution. And filing a claim or complaint with government agencies may initiate a procedure for choosing a different method of managing the house or another service organization. How to file a claim with the management company? What legal norms should I use to be more convincing? What result can be expected after reviewing the document? You will find the answers to these questions right here. : Claim to the management company (16.5 KiB, 4,576 hits) Example of a claim to the management company to the Director of the Management V.V. Skandakov wrote: The housing inspection refers to mythical letters from the Ministry of Regional Development and judicial practice, such as who established it is important here, but no emphasis on the meeting of owners, namely it (the legal meeting) has the right to make a decision on increasing the common property and paying for its maintenance. Question — what should the owners do in this case? File a lawsuit regarding the obligation of the State Housing Property Inspectorate to issue an order to the management company to recalculate the maintenance fee. What don’t you understand about the State Housing Inspectorate’s explanation? The emphasis in the answer is placed specifically on the inclusion of the charger itself in the ODI and at whose expense the installation was carried out.

Samples of complaints about poor cleaning of the local area

> > Claim for cleaning of local area sample The document must contain:

1. its legal address;
2. information about the official.
3. Company name;

Next, the essence of the claim is set out in free form, the events that led to the emergency are stated, and requirements for the management company are formulated - of a material and non-material nature (for example, repair an elevator, remove garbage cans, eliminate flooding in the basement). A sample complaint to the management company can be downloaded here. How to write? How to write a claim to a management company, a sample document will allow the applicant to determine the requirements and develop their defense strategy.

The claim is written without observing essential legal canons. The main thing is to bring to the attention of utility companies the essence of your demands, supported by weighty arguments.

In Moscow, you need to contact Rospotrebnadzor or the Housing Inspectorate; residents of other cities can also take advantage of the protection of these organizations from the poor performance of the Criminal Code. There are several ways to send a complaint about poor performance of the wipers and the Criminal Code itself to Rospotrebnadzor, the Housing Inspectorate.

You can use the most convenient option - go in person to the department, send a complaint by registered mail or through an electronic service.

This document is also drawn up either according to a sample or in a free form, but the text must be meaningful, accurate, businesslike. The complaint must indicate the ineffectiveness of the appeal to the management of the Management Company. What should be in this complaint?

Mold in the apartment where to apply, sample application

You can immediately call the regulatory organizations, submit an application to the housing office, or you can try to fix the problem yourself by removing the fungus from the wall, which can be much faster and more effective if the situation is not advanced.

If you have checked all the sources of probable mold in the house and are finally convinced that the housing office is responsible for the appearance of mold in the house, you can take the following legally prescribed actions:

Who should you contact if there is mold in your home?

Today, there are a large number of effective means for removing mold. However, remember that all these products contain dangerous toxins and can harm not only the mycelium in your apartment, but also your health. Use masks and gloves when planning to clean up mold.

1. Chlorine solution. A strong toxic substance that corrodes the mycelium, is able to penetrate into deep cracks and cracks and remove mold growths. Perfect for treating rough surfaces around the house.
2. Ammonia. Helps solve the problem with fungus while you are looking for an answer to the question of where to go if mold has appeared in your apartment. Alcohol should be diluted with water and treated the affected surfaces, then rinse with plenty of water and ventilate the room.
3. Citric acid and vinegar. Mold is destroyed when exposed to high temperatures and acid. Lemon solution or vinegar will not only destroy the mycelium and prevent its growth in the future, but will also help eliminate the unpleasant musty smell in the house. In addition, a solution of citric acid can be used as a preventive measure against further spread of the virus by spraying small doses onto potentially contaminated surfaces.
4. Fungicides from the store. The modern market for household chemicals offers a wide range of products to combat mold. Most of it contains special fungicide substances that effectively deal with any type of fungus and can clean even the most difficult places in your home.
5. Hydrogen peroxide. The use of this bactericidal agent is possible both in the process of cleaning an apartment from existing mold, and as a preventive measure, since it is absolutely safe for the health of humans and pets.

SanPin standards prescribe that modern heating and ventilation equipment for houses is fully serviceable and cannot cause mold growths and other harmful viruses in the house. Therefore, if you are faced with a problem where to go if there is mold on the wall in your apartment, feel free to call the proper service for an inspection and provide evidence of your complaint. However, it is also worth remembering that the problem of fungus in the apartment may be related to your home care.

Please note => Brief appeal to the Moscow City Court

Mold on the ceiling sample complaint

If you are not happy with the condition of the house, then you must prove that mold and freezing are due to unsealed seams or other things. So you yourself must order a construction examination at your own expense, and then demand from the management company that the deficiencies identified by the examination be eliminated, you can also demand compensation for the costs of the building inspection, but this will most likely have to be done through the court.

Sample application to the management company regarding mold on the wall

After cleaning the apartment from mold, it is necessary to ensure that it does not form again. To do this, there are a number of measures that will help protect your home from the appearance of fungus in the future. Necessary preventive measures:

1. Draw up a report on the condition of the apartment. The signature of the owner and a representative from the management company is required. If, at your request, no one from the company appears, then a registered letter with a notification is sent to their address, in which you invite an authorized person to come to you at such and such an address, on a date and time. If ignored, the act is drawn up for you and certified by the signatures of two witnesses (most often neighbors are asked).
2. The level of humidity in the room is a paid service, it is performed by regional hygiene centers and similar bodies, SES (you should search by your region). The expenses will be returned in the event of a trial or an agreement with the management company, but only if the utility companies are really to blame!
3. Take a photo, print it out and have witnesses sign it with the date! Also record a video with some proof of the current date.

My services: 490 rub. analysis of documents and recommendations for collecting evidence RUR 2,990 preparing a claim to the management company RUB 3,990. preparation of a statement of claim 990 rub./month. support (consultations on meetings, preparation of applications and petitions) 1,490 rub. Consultations on conducting a comprehensive forensic mycological and construction technical examination

Application for sealing interpanel seams

If the sheet is pulled towards the grate, and the flame does not burn vertically and leans towards the hood, then the ventilation is working properly. If the sheet is not pressed down and the flame burns evenly, then you have a problem. There is one caveat with fire from a lighter. Sometimes gas accumulates in the ventilation shaft, so the method of checking with a sheet of paper is safer. One of the most common causes of non-functional ventilation is a simple blockage. Contact your housing department inspectors. How else is it possible to check the ventilation for functionality and what to do in case of a breakdown, the following video tells: Where to complain? First of all, if the ventilation is not working, you should send a letter to your Housing Office. But if its employees do not want to do their job, for which, by the way, you regularly pay, you need to contact the housing inspector. This government organization was specially created to supervise public utility companies.

Drawing up a complaint

Before filing a complaint, it is necessary to conduct a certain examination. First, you will need to draw up an act on the condition of the residential premises, which must be signed by the owner of the apartment, as well as a representative of the management company.

If no one from the management company appears, then the act is drawn up in the presence of two witnesses who also sign. Then the humidity level is checked. This is a paid service provided by regional hygiene centers and SES. If the utility company is proven to be at fault, the costs incurred will be reimbursed.

You can also take photographs or video to confirm the presence of fungal mold. If the management company is inactive regarding the elimination of fungus in an apartment or entrance, then residents have the right to call the state inspection, which will invite a representative from the management company and assess the current situation.

The next step will be to draw up a complaint about mold, a sample of which can be found on the government services website or drawn up yourself in free form. It mainly contains the following data:

1. Initials, place of registration and contact details.
2. The text must contain a description of the problem. The information is stated essentially without unnecessary details, since this is an official document.
3. At the end there should be a request to identify and punish the perpetrators.
4. Date and signature are added.

If the decision was made in favor of the residents, then the utility service must fix the problem within 45 days. Some citizens also require cosmetic repairs, which are necessary after mold removal.

You can also contact Rospotrebnadzor . This organization must respond to the appeal. The main thing is to record all outgoing documents from the applicant to avoid their loss. If none of the authorities has taken any measures, then it is necessary to go to court.

ATTENTION! Judicial practice in resolving such problems shows that the court mainly takes the side of the residents. However, when it comes to a new building and residents are suing the developer over mold, the case is not always resolved in favor of the apartment owners.

Sample letter to the developer about eliminating deficiencies

State the situation directly in the body of the letter. Use a business style without much emotion. Refer to specific clauses of the contract or legislation. Although no one obliges you to do this. You can simply attach a photocopy of the contract to the claim.

• in the middle of the document write down its name - “claim”;
• Next, list the requirements that you put forward to the construction company. Standard requirements: eliminate defects, reduce the cost of the agreement due to the insufficient level of work performed, reimburse funds spent on eliminating defects, etc. Sometimes the contract specifies in advance when the defects will be eliminated. If there is such a clause in the agreement, then all requirements must be based on it;
• Before describing the essence of the claim, write down the details of the contract, as well as the data entered during its registration in the Unified State Register of Real Estate. Next, check the address of the house, apartment number, area and cost of housing;
• at the next stage of drawing up a claim, indicate the clauses of the contract that specify the construction company’s obligation to provide the shareholder with high-quality housing;
• if inconsistencies are found in the design documentation, technical and urban planning regulations, be sure to list these facts;
• then proceed to a direct listing of the shortcomings identified in the process of using the living space. Also indicate the cost of work to correct them (contractor data or examination results);
• provide a link to the law (Federal Law No. 214 of February 3, 2006), according to which the shareholder has the right to demand that the construction organization correct defects free of charge within a specified time frame. If serious deficiencies are discovered, such as a roof leak, an exact time frame for repairing the leak is indicated;
• Having outlined the essence of the claim, inform that if this document is ignored and there is no response to it within 10 days, you intend to send a statement of claim to the court. In this case, the requirements will consist not only of eliminating deficiencies, compensation for material and moral damage, but also of paying a fine (Clause 6 of Article 13 of the Law of the Russian Federation “On the Protection of Consumer Rights”).

21 Dec 2020 marketur 108
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