I can’t even remember how many conversations there were about the “transparency” of the management company’s work, about the convenience for property owners and other beautiful phrases. But here, as always, suddenly, from the pen of D.A. Medvedev, the Decree of the Government of the Russian Federation of March 27, 2018 No. 331 “On amendments to certain acts of the Government of the Russian Federation on the implementation of activities for the management of apartment buildings and the maintenance of common property of owners of premises in apartment buildings and the recognition as invalid of certain provisions of certain acts of the Government of the Russian Federation” appeared. Federation" (hereinafter referred to as Resolution No. 331). The resolution will change the work with property owners in many ways. Well, for those who do not want to change, the state has prepared a “gift” in the form of a fine in the amount of 250,000 rubles.
In many ways, the “methods” of working with owners described in Resolution No. 331 are already used by large and not very management organizations, but, as our experience shows, many will have to greatly change the “style” of their work.
So, let's go...
In the updated Rules for the implementation of activities for the management of apartment buildings, approved by Decree of the Government of the Russian Federation of May 15, 2013 No. 416 (hereinafter referred to as Rules No. 416), Section VII will appear “Organization of interaction of the management organization with the owners and users of premises in an apartment building during the implementation of apartment building management
»
The management organization is obliged to ensure interaction with the owners and users of premises in apartment buildings, including by providing the opportunity for personal contact:
- to the current office of the management company
- or
to a multifunctional center for the provision of state and municipal services if the management organization concludes an agreement with the specified center (hereinafter referred to as the representative office of the management company).
Please note that both the management office and the MFC are representative offices of the management company
.
Make it so that there is one representative office for a huge city
, will not work.
Clause 27 of Rules No. 416 directly states that a representative office (read: MFC) must be located within a municipality, including within an intra-city district in a city district with intra-city division or intra-city territory of a federal city on whose territory MKDs are located
. which are managed by such a management organization.
It is clear that Rules No. 416 of the RF Government does not provide a definition of a municipal formation and an intra-city district, so we “climb” into the Federal Law of October 6, 2003 No. 131-FZ “On the general principles of organizing local self-government in the Russian Federation” and see:
“municipal formation
- an urban or rural settlement, municipal district, urban district, urban district with intra-city division, intra-city district or intra-city territory of a city of federal significance.
intracity district
- an intracity municipal formation on part of the territory of a city district with an intracity division, within the boundaries of which local self-government is exercised by the population directly and (or) through elected and other local government bodies.”
HOW TO ORGANIZE YOUR HOUSING SERVICE?
Listening to complaints about the work of housing department employees takes up most of the time allotted for communicating with readers. Some people have really serious problems that cannot be solved without the help of utility services, while others cannot screw in a light bulb that has burned out on the landing or repair their own mailbox. Or maybe we should take the situation into our own hands? A reader from Simperopol, Arthur Potapenko, asked for advice: “The residents of our building decided to organize an association of co-owners of an apartment building, or in other words, a condominium. But we don’t know where to start with the design?”
When forming a condominium, the residents of the house have the opportunity to choose their own service provider, invite contractors to perform interior work, and manage the funds for maintaining the house themselves. In order to organize a condominium, the following documents are required: registration card, condominium charter, minutes of the constituent meeting of residents of the house, list of members of the created association, description of the land plot in the established form, technical passport of the building, certified copies of documents establishing ownership of an apartment or non-residential premises . Then you need to register the association with the executive committee and other government bodies. You will be given a certificate of state registration. After this, a stamp is made and a bank account is opened.
Elizaveta Pavlovna got through with the question: “I want to check my ex-husband out of the apartment. We have been divorced for five years now, and all this time he has been working somewhere. But they charge me rent for two. How can I do this without his presence?”
If the apartment is not privatized, the ex-spouse can be recognized as having lost the right to housing due to absence without good reason for more than 6 months (according to Article 71 of the Housing Code of Ukraine). So you can file a claim in court. If the housing is privatized and the husband is one of its owners, the situation becomes more complicated. Try to consult with a knowledgeable lawyer who will take into account all the details of the case and give qualified advice.
Reader Olga Vasilievna was very worried: “Write, can my adult daughter lay claim to the house after my death if I bequeath everything to my son and grandson? I executed the will according to all the rules, but she claims that there are some other rules. The fact is that I am very sick and it is my son and grandson who are looking after me, but I haven’t seen my daughter at all for five years. She appeared only now, when the question of the will arose.”
Inheritance by law is carried out in the following cases: when the testator (deceased person) did not leave a will, when the will is declared invalid in accordance with the procedure established by law, if all heirs under the will refused the inheritance, if all heirs died before the opening of the inheritance (that is, at the death of the testator). If a will is drawn up for the property, intestate inheritance takes place. It is also possible to simultaneously inherit both by law and by will. This situation arises when the will is not drawn up for all the property or there are heirs who are not indicated in the will but have the right to an obligatory part, or if the will is recognized as partially invalid.
Housing and communal services reform for people. What it should be. Part 1.
The future has several names. For a weak person it is impossible. For the faint-hearted - the unknown. For the thoughtful and valiant - an ideal.
Victor Hugo.
To avoid criticism, you should say nothing, do nothing, and be nothing.
Aristotle.
The housing and communal services reform that the deputies are carrying out is aimed only at providing excess profits for the beautiful ones and does not give anything but problems to us citizens of Ukraine. Laws and decisions in housing and communal services are being imposed on us, which we do not need, because... I don't solve our problems.
In the following articles I will propose solutions that
- will allow us to solve the problem with the quality of housing and communal services;
- will help us and our families in resolving the issue of maintaining our homes and local areas and more.
- will help create truly favorable living conditions for us and our families.
- will allow once and for all to stop the arbitrariness of officials and developers on our land.
The idea is not just to reform the housing and communal services, but to create a comfortable living environment for us and our families. I understand that many of us need not just ideas and knowledge, but a clear and understandable road map leading to the creation of this habitat.
Next, I will describe five steps that will lead to the elimination of the monopoly of officials and housing and communal services and the creation of the living environment that each of us deserves. Will give us the necessary tools to improve our lives. We need to understand that our habitat is not only our housing and communal services, cleaned paths, planted trees, but also the quality education of our children, timely and high-quality medicine, the safety of us and our property. Only in this case will our life be harmonious and happy, and our living environment comfortable for us.
Everything described below is based on the norms of current laws and does not require additional efforts from BP. All that is needed is our desire and ability to break away from our usual places near the TV or go offline from Facebook.
STEP No. 1. Housing and communal services.
We hear every day about reforms in housing and communal services and the need for speedy registration of OSBB, but we have never heard about the final result of the reform and methods for achieving this result. To open or not to open an OSBB, to hire or not to hire a management company is not the end result, but, perhaps, components of the reform. I am sure that the goal of the reform should be high quality housing services for minimal money. Have you ever heard of these goals? No, you won't hear it. For officials and law makers, OSBB is the whole reform. I wrote earlier about the shortcomings of the law on OSBB and the risks for residents of houses.
“The main problem of the housing office is the impossibility of obtaining quality services for the population for the money paid,” officials say. Is this really true? Let's take a closer look at this problem and see whether the reform solves it and how guaranteed quality services can be achieved.
Let's consider the housing office operation scheme currently in effect.
Housing office today Fig. 1
The diagram contains: 1. We are residents, as consumers of services and payers for these services. 2. Housing office + Management company, as executors and recipients of money.
From this diagram it is clear that our money goes to the accounts of the management company, and the housing office provides us with services. It is clear that the goal of the housing office’s work at the moment is services for the sake of services. Often, from year to year, housing offices write off money for repairs that were made last year, done by the residents themselves, or made by deputies before the elections. This scheme does not take into account us and our interests as consumers of services.
How can we influence the quality of housing office services?
Choose one of the possible methods:
- write a complaint to choose from: Poroshenko, Klitschko, Obama;
- knock on the rail;
- yell at the janitor, and what is she to blame for?
- sue anyone. etc.
As we see, there are no existing levers of influence on the housing office so that it constantly performs its services. Each of our victories over the housing office means hours, days, months of constant scandals or trials. Do we need this happiness? No. Officials also say this and suggest that we get rid of the housing office and open OSBB to independently solve problems. But OSBB is not a housing office and it has other tasks.
Let's consider the scheme for the provision of housing and communal services, which is proposed by the developers of the reforms.
Management according to Law 417 Fig. 2
From the diagram it follows that between us - consumers and the contractor, for example, the housing office, an intermediary has appeared:
- or OSBB;
- or Manager
- or simultaneously OSBB+Manager.
How can we influence the quality of housing and communal services services in the conditions of a virtual monopoly in the housing and communal services market?
Choose one of the possible methods:
- write a complaint to choose from: Poroshenko, Klitschko, Obama;
- knock on the rail;
- yell at the janitor, and what is she to blame for?
- in the office of the head of the OSBB; shout at OSBB's head;
- threaten dismissal;
- threaten to reduce wages;
- bang your head against the wall (whose);
- etc.
Well, in addition to the director, we have already employed lawyers, of whom we produce more every year than is needed for the national economy. The social function of OSBB is very clear, but we just have to pay for this holiday of generosity, etc.
Has anything changed? NO . Have effective levers of influence emerged on the housing office to increase the quality of services? NO .
What has changed? An additional intermediary (intermediaries) has appeared, which requires additional financing, but the quality of housing services does not change.
If the ashtray in your car is clogged with dirt, you usually clean the ashtray rather than throw the car away. So it is with the housing office. If the housing office does not do the job, then it will be reformed and managed, and not liquidated because someone wants to make money from the liquidation.
What's the problem? What is the main drawback (for us, not for the developers, their mercantile interest is visible to the naked eye) of the reform, which does not give a positive final result.
As an example, consider a simple device.
Switch Fig.3

This is a regular switch. Look, this diagram is like two peas in a pod to the diagram in Fig. 1. What is the essence of the switch. The light bulb only works after pressing the switch. ONLY AFTER PRESSING. those. after we put pressure on her. This is the most important idea.
In order for the housing office to work efficiently, it is necessary to have real, and not fake, leverage over it.
Control scheme with the correct housing office:
Housing and communal services reform Fig. 4
What kind of levers could these be?
- participation in the management of the housing office by creating a supervisory board from among the management of the housing office and the most worthy residents of the territory with the following powers: participation in the formation of personnel policy and its control: selection of personnel based on professional qualities;
- dismissal of unprofessional, lazy and dishonest people;
- introduction of an stimulating bonus form of remuneration at each work site;
- the amount of money received from the house;
How the housing office control scheme will work.
- Representatives of residents of the serviced area: participate in the supervisory board of the housing office;
- announce a competition to fill the position of director;
- With the new director, they conduct a competitive selection of housing office personnel, according to the staffing schedule.
- controls the quality and quantity of services provided;
- fixed costs - cleaning the territory, entrances, garbage removal, etc. + administrative costs (maintenance of the housing office staff);
Residents of the house should see for themselves the cost of maintaining the house, the cost of the necessary work, this will allow them to correctly calculate the amount of payments for housing services. This is called the economically justified cost of housing services, which is formed by the residents of the house themselves depending on the needs for repairs, and tariffs are not lowered from above. Economically justified tariffs of the Cabinet of Ministers, we have already experienced this and the cost of gas and heating, etc. more than once.
What is OSN in the schemes - an organ of self-organization of the population. Self-organization of the population - we are all. We are those who want to collectively build for ourselves and around ourselves a living environment in which we want to live ourselves and in which we want our children and grandchildren to live. The organs of self-organization are the best among us, those who live with us, children who go to the same school or kindergarten with our children, relax with us in our parks, near our lakes, breathe the same air with us. These are, in no case, members of various oligarchic parties, whose goal is to steal our parks, squares, lakes, build skyscrapers on playgrounds, steal money from the cash register of a school or clinic, i.e. This is a gang of thieves and swindlers. Bodies of self-organization of the population are the smallest cell of self-government in a territorial community, its basis, the smallest building block of self-government, i.e. authorities in Ukraine. As you know, the quality of the entire house depends on the quality of the bricks. At the moment, in Ukraine there are practically no real main organizations that would represent our interests and solve our problems. There are fakes that were created by officials to solve their mercantile interests. The creation of fake OSNs led to the creation of a fake state, which has nothing in common with what is written in the Constitution of Ukraine.
To be continued.
