Responsibilities of the housing and communal services operating organization: information with explanations

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2) require admission at a pre-agreed time to the residential premises of employees or representatives of this organization (including emergency services workers) to inspect the technical and sanitary condition of the in-house equipment and carry out the necessary repair work, and to eliminate accidents - at any time;

6) if there are collective (common house) metering devices, monthly, during the last week of the month, take their readings and enter them into the logbook for recording the readings of collective (common house) metering devices. At the request of utility service consumers, within one business day following the day of application, provide the specified log;

What are the responsibilities of the management company?

an indication of the location of the apartment building, its address;
list of provided utilities;
an indication of the list of works and services, as well as the conditions for changing the list;
determining the amount of payment for management services, including utilities, the procedure for their payment;
the procedure for monitoring the work of the management company;
indication of the duration of the contract.

an application is submitted to the energy supplying organization with a request to conclude an agreement;
All necessary documents that may be required to conclude an agreement are attached to the application;
after consideration of the application, an agreement is concluded;
If the parties have questions regarding its terms, a protocol of disagreements can be drawn up.

Responsibilities of the management company - list of services

Also, within the framework of the topic of managing an apartment building, it is useful to study the Decree of the Government of the Russian Federation No. 416 of May 15, 2013, which specifies the rules and standards for managing apartment buildings; as well as another very interesting regulatory act - Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 N 170, which defines the standards and frequency of services for the maintenance of common property.

The minimum list of services and work required to ensure proper maintenance of common property in an apartment building, and the Rules for the provision of services and performance of work necessary to ensure proper maintenance of common property in an apartment building, are indicated here.

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In accordance with Article 161, Part 1 of the Housing Code of the Russian Federation, the management of an apartment building must ensure favorable and safe living conditions for citizens, proper maintenance of common property in an apartment building, resolving issues regarding the use of said property, as well as providing utilities to citizens living in such a building.

When managing an apartment building, the legislator entrusts the management organization with responsibility to the owners of the premises in the apartment building for the provision of all services and performance of work that ensure the proper maintenance of the common property in this building and the quality of which must meet the requirements of technical regulations and rules established by the Government of the Russian Federation for the maintenance of common property in apartment building, for the provision of utility services depending on the level of improvement of the building, the quality of which must meet the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and limitation of the provision of utility services to owners and users of premises in apartment buildings and residential buildings (Part 2-3 of Art. 161 of the Housing Code of the Russian Federation). By virtue of Article 39 of the Housing Code of the Russian Federation, the rules for maintaining common property in an apartment building are established by the Government of the Russian Federation. General requirements for the maintenance of common property of an apartment building are defined in the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, according to which common property must be maintained in accordance with the requirements of the legislation of the Russian Federation (including sanitary -epidemiological well-being of the population, technical regulation, protection of consumer rights) in a state that ensures compliance with the reliability and safety characteristics of an apartment building, safety for the life and health of citizens, and safety of property of individuals. At the same time, the maintenance of common property, depending on the composition, design features, degree of physical wear and technical condition of the common property, as well as depending on the geodetic and climatic conditions of the location of the apartment building, includes, among other things, inspection of the common property, ensuring timely identification of non-compliance of the state of common property with the requirements of the legislation of the Russian Federation, as well as threats to the safety of life and health of citizens, current and major repairs, preparation for seasonal operation and maintenance of common property. When managing an apartment building through the involvement of a management organization, the proper maintenance of the common property of the apartment building is ensured by the owners by concluding a building management agreement with such an organization, determining at a general meeting the list of services and works, the conditions for their provision and implementation, as well as the amount of financing. Requirements and standards for the maintenance and servicing of the housing stock are determined by the Rules and Standards for the technical operation of the housing stock, approved by Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170, which are mandatory for execution by both owners of premises and management organizations. According to clause 2.3.4 of these Rules, the frequency of current repairs should be taken within three to five years, taking into account the capital group of buildings, physical wear and tear and local conditions. A systematic interpretation of the provisions of federal legislation indicates that work and services that ensure compliance with regulatory requirements for the maintenance and operation of a house must be carried out by management companies, regardless of whether the contract mentions the relevant specific actions and whether there is a special decision on the need for their implementation general meeting of owners of premises in the house. In accordance with clause 1.8 of the Rules and Standards for the Technical Operation of the Housing Stock, approved by Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170, carrying out routine repairs of an apartment building is the responsibility of the organization carrying out maintenance and repair of the housing stock. These Rules are subject to execution by all organizations whose activities are directly related to the issues of ensuring proper maintenance and repair of the common property of apartment buildings, which, by virtue of law and agreement, are entrusted with the responsibility of managing apartment buildings. Due to the fact that the management organization’s failure to fulfill the duties assigned to it by federal legislation for the proper maintenance of common property in an apartment building and carrying out routine repairs, prevents the high-quality and uninterrupted provision of housing and communal services to citizens, often creating a threat to their life and health, causing other property damage, which in turn entails a violation of the rights and legitimate interests of elderly persons, persons with disabilities, persons with young and minor children, and other persons who, for various reasons, cannot protect their rights and legitimate interests themselves. And in such cases, the prosecutor’s office stands in defense of this category of citizens.

Deputy Prosecutor of the Timashevsky District Adviser of Justice S.V. Serbin

Responsibilities of the management company and its responsibility for the maintenance of an apartment building

The quality and timeliness of work performed and services provided as specified in the agreement with the management organization.
Is proper work being carried out completely?
Are all responsibilities of the management organization fulfilled?
Such control became possible with the advent of Federal Law No. 237-FZ of July 27, 2010. It obliges management organizations to provide residents with access to information such as financial and economic status, the performance of work on the maintenance and repair of common property, the formation and validity of prices for utilities, and the procedure for the provision of services.

The procedure for the management company's reporting to the owners of residential premises is strictly regulated by the provisions of the Housing Code of the Russian Federation. In accordance with it, the managing body is obliged to annually submit such a report before the end of the first quarter of the following reporting year.

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What functions should the management company perform in a high-rise building?

As we have already noted, the decision to use the services of a management company is made at a general meeting of apartment owners in a residential complex. To do this, at least 2/3 of citizens must vote positively, taking into account the weight of each vote. Upon the fact of the meeting, you will need to draw up a special protocol, which will indicate the adoption of a decision.

After this, the authorized person contacts the head of a specific organization and concludes a cooperation agreement with it. The important point is that by signing the agreement, the management company assumes all obligations for the maintenance and maintenance of the house, prescribed in the current legislation. Moreover, when performing work, the organization’s management is obliged to ensure free access to the available data by the MKD board.

An additional advantage for residents of high-rise buildings was the opportunity to obtain the necessary information about the activities of the management company through the GIS housing and communal services system. Starting in June 2020, such requirements were officially announced as part of federal legislation.

In the absence of such information, citizens can file a complaint with the prosecutor's office. In addition, the Housing Code of the Russian Federation states that every year in the first quarter, owners of apartments in apartment buildings must hold a general meeting to approve the report on financial and economic activities. If this is not done, then the residents will have another reason to contact the supervisory authority.

The housing and communal services service organization has proposed to enter into an agreement in advance.

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November 25, 2020. More than 300 scientists took part in the organization and implementation of the project. Housing and communal services at the address Tula, Krasno-. The governor invited members. enter into an agreement to purchase the plot. read the management company. We very sincerely wished you good luck. Who knew that her words were...

What residents should know: rights and obligations of the management company

accumulation of funds from provided resources and services and payment to suppliers;
fight against debts;
organizing work with suppliers: concluding a contract, monitoring the quality of services provided, recalculating fees for the delivery of low-quality services;
storage of technical and other documentation for a residential building;
identification of energy resource thieves: inspections, raids, etc.
holding general meetings with property owners. This event should take place at least once a year. On it, representatives of housing and communal services report on the work done, on the expenses incurred during the period under review, and make a decision on the tariff for the next year. The fee for maintaining and repairing the house may be equal to the municipal fee or higher. It is installed individually in each home. If at the meeting the Management Committee did not approve the tariff, then it is considered that it is equal to the municipal one (Article 158 of the Housing Code of the Russian Federation). In this case, housing and communal services authorities are not relieved of responsibility for providing services for housekeeping and home repairs, even if there is a shortage of funds accumulated from homeowners.
carrying out activities to inform residents about changes in tariffs;
registration of temporary or permanent registration.

The contract specifies the composition of the property of a residential building, its address, the procedure for calculating fees for maintenance and repairs, the procedure for providing utilities and the term of the document. It cannot be less than one year. The maximum contract term is five years. If the management company was selected on a competitive basis, then it is reduced to three years.

What is the difference between a management company and a service organization?

YESMaintenance org. - If provided for in the contract - maintenance and routine repairs of engineering systems. org. - YESMaintenance org. - If provided for in the contract - analysis of the condition of engineering systems and determination of the need for their repair. org. - YESMaintenance org. — NO  Preparation for the heating season and its implementation, incl. adjustment of the distribution of thermal energy along the risersControl. org. - YESMaintenance org. — If provided for in the contract  Protection of the rights of apartment building residents in the provision of utilities and other servicesManagement. org. - YESMaintenance org. — NO  Minimum period for which the agreement is drawn upManagement. org. — The management contract is concluded for a period of at least one year. org. — There are no restrictions on the validity period of the contract  Storage and updating of documentation for MKD (technical passport, statements of work performed, etc.) Management. org. - YESMaintenance org.

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Responsibilities of the housing and communal services operating organization

The minimum list of services and work required to ensure proper maintenance of common property in apartment buildings applies to service organizations only partially within the framework of those types of work and services that are specified in the agreement between the owners and the service organization.”

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The management company provides utilities (water supply, sewerage, electricity and heat), receives payment for them and independently makes payments for utility resources with resource supply organizations with which it has concluded agreements for cold and hot water supply, sewerage, electricity, gas supply, etc. .

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Based on the above, an agreement, the subject of which is only the provision of services associated with the operation, or services related to the operation of a hazardous production facility, concluded between the owner of a hazardous production facility and a legal entity that complies with industrial safety requirements for the operation of a hazardous production facility, will not be considered “ other legal right” within the meaning of clause 15 of the Regulations.

Who has the utilities? “If a house is managed by a management company, then it is the company that is responsible to the owners for the provision, please note, of all services and for the performance of all work that ensures the proper maintenance of the common property in this house, as well as for the provision of utilities,” explains the head of the legal Department of the Consumer Association of the Penza Region Yulia Vasilyeva. The management company provides utilities (water supply, sewerage, electricity and heat), receives payment for them and independently makes payments for utility resources with resource supply organizations with which it has concluded agreements for cold and hot water supply, sewerage, electricity, gas supply, etc. Unlike management companies, service organizations are not providers of public services and are not responsible for their quality. Therefore, in the case of direct management, each owner has to enter into a separate agreement with each resource supplying organization for each type of communal resource. “The service organization performs only work that ensures proper maintenance of the common property of an apartment building,” continues the ML consultant. — They are not subject to the information disclosure requirement provided for by Decree of the Government of the Russian Federation of September 23, 2020 No. 731 “On approval of the standard for information disclosure by organizations operating in the field of management of apartment buildings.”

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What are the responsibilities of a management company by law?

supervision over the timely provision of high quality public services;
determining the amount of utility bills, accepting payments, monitoring the timeliness of payments;
planning and spending funds for repairs and maintenance, preparing estimates, concluding contracts with contractors for home repairs and maintenance;
taking measures to ensure technical safety during the operation of the house by residents;
consideration of complaints and elimination of shortcomings in work based on citizens' requests.

In addition to federal acts, the Criminal Code is guided by the clauses of the contract concluded for the maintenance of a specific house. The agreement is concluded based on the results of the general meeting, recorded in the minutes, which must be referred to in the agreement. Residents and management companies jointly determine the duration of the contract. In most cases, the contract gives the service company the right to carry out its work for a period of no more than 5 years.

Responsibilities of the housing and communal services operating organization

Must be carried out uninterruptedly and around the clock throughout the year in accordance with current standards. The deadline for completing work when the power supply system of residential apartments is turned off should be no more than 2 hours. In the event of a malfunction in electric stoves, they must be turned off immediately, the period for eliminating the malfunction is 8 hours (if it is possible to fix it on site), and if this stove is taken for repair, the tenant must have another stove installed within 8 hours. As mentioned above, if the specified deadlines are violated, the service organization is obliged to pay the tenant a penalty in the amount of 1% for each hour of delay in the above-mentioned deadlines. In addition, residents have the right to compensation for actual damages and moral damages. The real damage in such cases can include the resident’s expenses for repairing the electric stove, if he did them himself (delivery to the workshop, etc.).

To record the time of non-operation of the elevators, the ZhREU (another service organization) must draw up a report, and if they refuse or, agreeing in words, simply do not show up, then the report can be drawn up by the residents themselves or representatives of the public organization “PKBU”.

How to find a service company by home address

You can find out the entire list of utilities directly from the organization or HOA. When the management company is unable to fulfill its assigned duties, it attracts third-party structures by concluding an agreement with them. The management company for the provision of housing and communal services organizes meetings of residents, where it informs them about the work done and planned, and provides a report on the money spent collected from property owners.

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By searching for the address of the house you are interested in, you will find out not only the name of the service company and its rating, but also the amount of contributions collected for major repairs, the year the building was built, the names and telephone numbers of officials of the management organization, and a list of houses it deals with.

Job description of the director of housing and communal services

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We bring to your attention a typical example of a job description for a housing and communal services director, sample 2020. Don’t forget, each instruction from the director of housing and communal services is issued in hand against a signature.

The hr-portal website provides typical information about the knowledge that a housing and communal services director should have. About duties, rights and responsibilities.

This material is included in the huge library of job descriptions on our website, which is updated daily.

General provisions

The job description of the housing and communal services director provides for the possibility of appointing a person to the position who meets the following requirements:

• have completed higher education (technical or economic);

• have at least 5 years of experience in one of the management positions (in the field of construction, housing and communal services, etc.);

• possess skills in managing and organizing the work process of personnel, monitoring the results of previously set tasks.

The director must have a knowledge base about the activities of housing and communal services, which includes:

• main legislative acts regulating the activities of housing and communal services;

• basics of economics, accounting and labor organization;

• specialization, features and basic methods of managing all departments;

• basic technological processes and ways for stabilization and growth of financial performance indicators;

• occupational health and safety standards.

Job responsibilities of the director of housing and communal services

The director of housing and communal services is obliged to:

1. enter into contracts for the supply of energy resources directly with suppliers;

2. control the timely repayment of debts to suppliers for previously provided energy resources;

3. adhere to plans for carrying out repair work in the premises of houses;

4. monitor regular, both routine and preventive repairs of equipment (elevators, boilers, etc.);

5. provide assistance to employees and inform them about the correct use of highways and networks, both internal and external;

6. take an active part in the improvement of the territory adjacent to the house;

7. periodically monitor the financial condition and main economic performance indicators;

8. represent the interests of housing and communal services in various bodies and structures.

Rights of the director of housing and communal services

The director of housing and communal services is vested with the following rights:

• has the right to sign on reporting, financial and other types of documents;

• enter into contracts and agreements on behalf of the company;

• coordinate and approve the final cost of services and tariffs;

• approve the final versions of job descriptions for personnel (from janitors to chief engineer), make any changes to the current staffing table, hire or dismiss employees holding different positions;

• carry out work to reward employees who cope with their duties and punish those who are negligent in their work in the form of penalties of various types;

• guarantee the execution of the collective agreement;

• create working conditions that meet all safety standards;

• be responsible to the residents of the house and municipal authorities for the quality of performance of all tasks of the enterprise.

Responsibility of the director of housing and communal services

The housing and communal services director bears full responsibility for the quality of all the company’s work and the safety of property to the residents of the house with whom the contract was concluded on behalf of the management company. He is also obliged:

1. carry out all activities only in the interests of residents;

2. keep confidential information about the company’s activities secret from third parties and not use it for personal gain;

3. bear full responsibility for incorrect and incomplete performance of all job duties;

4. bear financial responsibility in case of harm caused by their actions to the management company and the residents of the house.

Job description for director of housing and communal services - sample 2020. Job responsibilities of the director of housing and communal services, rights of the director of housing and communal services, responsibility of the director of housing and communal services.

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What are the responsibilities of a management company in the housing and communal services sector in 2020

Further actions if there is no response from the management company is to contact the housing inspection staff. The tenant must write an application and support it with supporting documentation, links to legislative acts and the contract. In this case, it is necessary to indicate a preliminary appeal to the head of the organization. This authority will conduct an inspection and make a decision. Often, the housing inspection obliges the management organization to eliminate the violation.

ensuring payment for housing and communal services by all residents of the house;
identifying defaulters or violators who ignore the results of accounting instruments in various ways;
maintaining the integrity of documents;
taking into account permanent residents and tenants of apartments;
interaction with housing and communal services service providers and quality monitoring;
organizing housing meetings to provide reporting on the activities of the management company (at least once a year);
urgently informing residents about the introduction of new utility tariffs.

Control by owners of the work of the management company

Residents pay a lot of money for house maintenance services provided by the management company and have the right to control their quality. These rights are spelled out in the Housing Code.

They include control over:

fulfillment of all services from the contract and their quality;
completion of work;
compliance with all duties assigned to the service organization.

In 2010, a law was adopted at the federal level, which obligated all management companies to provide owners of subordinate housing with all the information they were interested in regarding the work carried out (including the formation of prices for utilities).

What are the responsibilities of the management company?

▪ Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from one thousand to two thousand rubles or administrative suspension of activities for a period of up to ninety days; for legal entities - from ten thousand to twenty thousand rubles or administrative suspension of activities for a period of up to ninety days.

▪ Collection of payments for housing and communal services (at the same time, owners must pay for work to combat debtors for “utilities” - legal costs, services of collection agencies, etc.), payment to monopolistic enterprises for the utility resources provided to the house. Thus, maintenance and war with defaulters

26 Jan 2020 etolaw 367

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Attention

This category can also include employees in the following areas of activity:

economists;
engineers;
accountants;
legal advisers;
energy;
mechanics;
standardizers, etc.

In addition, assistants to the persons mentioned above also fall into this category. Professional standards for housing and communal services workers From the beginning of July 2020, No. 122-FZ will come into force, and changes will be made to the Labor Code of the Russian Federation.
The point is that the procedure for applying professional standards will change. The Ministry of Labor of the Russian Federation has issued a number of orders containing information on the professional standards of housing and communal services specialists.