A blog participant asked the question:
What to do if the management organization does not provide economically justified calculations for work and services in the tariff for 2019, according to clause 31 of RF PP No. 491. The prosecutor's office and the administration and the State Housing Property Committee support them, stating that they presented you with bare numbers, this is a calculation.
The situation is ambiguous and everything stems from the imperfection of legislation. And more about that below...
When approving new tariffs, managers are required to justify the tariffs
When approving new tariffs, managers must follow the notification procedure with the provision of calculations and economic justification - I wrote about this in an earlier article.
We are talking about tariffs for services and work of managers (for example, the line “housing maintenance”), and not about utility tariffs.
But everything would be fine if the legislator provided for what the calculation and economic justification should look like.
The manager is obliged before the meeting to provide the owners with a calculation (estimate) for the new tariff proposed by the organization 30 days in advance. There are no requirements for the content of the calculation in the law, so in essence it can be a table indicating the type of work and its cost in the proposed tariff.
Whether the manager is obliged to detail the list of works and services is also not directly resolved. But in this case, you should refer to the management standard (Resolution of the Government of the Russian Federation of May 15, 2013 No. 416).
Russian Economic UNIVERSITY Timeni G.V. Plekhanov
CURRICULUM
ADVANCED PROGRAMS
| Name of sections/topics | Total labor intensity, hour. |
| 1. Features of formation of tariffs for electricity transmission services | 4 |
| 1.1 The method of return on invested capital (RAB regulation) and the method of long-term indexation of the required gross revenue. Long-term parameters of territorial network organizations. Approaches to benchmarking network organizations (cost benchmark method). World practice of applying the method and methodology of comparison with an analogue. Principles for setting tariffs for electricity transmission services. | 2 |
| 1.2 Features of the formation of an economically justified level of tariffs for services for the transmission of electrical energy by voltage levels. Features of accounting for investment costs in the tariffs of regulated organizations (AIISKUE, acquisition of electric grid facilities). | 2 |
| 2. Review of key changes in legal regulations and methodological documents for calculating tariffs for electricity transmission services | 6 |
| 2.1 Cross-subsidization (draft resolution of the Government of the Russian Federation, draft order of the Federal Antimonopoly Service of Russia). Consolidation of electric grid assets (draft resolution of the Government of the Russian Federation). Maximum maximum and minimum levels of prices (tariffs) (Federal Law No. 300 of 08/02/2019 “On Amendments to the Federal Law “On Electric Power Industry”, draft resolutions of the Government of the Russian Federation, draft orders of the FAS of Russia) | 4 |
| 2.2 The procedure for the formation of a consolidated forecast balance of electrical energy and power (draft order of the FAS of Russia). Differentiation of tariffs of PJSC FGC UES (draft Federal Law, draft resolution of the Government of the Russian Federation). Tariff discrimination (proposals from FAS Russia) | 2 |
| 3. Formation of a consolidated forecast balance of electrical energy and capacity for the constituent entities of the Russian Federation. Investment activities of regulated organizations. | 6 |
| 3.1 Goals and objectives of forming a consolidated forecast balance of electrical energy and power. Powers of the Federal Antimonopoly Service of Russia to formulate a consolidated forecast balance of electrical energy and capacity | 2 |
| 3.2 The procedure for approving the consolidated forecast balance of electrical energy and power. Features of the formation of a consolidated forecast balance of electrical energy and capacity for the constituent entities of the Russian Federation | 2 |
| 3.3 Procedure for approval of investment programs. Features of accounting for investment programs in regulated prices (tariffs) | 2 |
| final examination | 2 |
| TOTAL | 18 |
The list of works and services is required
Section 3 of the Management Standard provides for the obligation of managers to provide owners with a draft list of services and works for approval by the owners.
Also, in order to confirm the need to provide services and perform work provided for by the draft list of services and work, the management organization, partnership or cooperative, at the request of the owners of premises in an apartment building, are required to submit an inspection report of the technical condition of the apartment building, as well as other documents containing information about the identified defects (malfunctions, damages), and, if necessary, conclusions of expert organizations.
As a result, if the manager has provided you with a calculation without specifying specific work, then we request a draft list of works and services, as well as inspection reports, which will indicate the need to perform certain works, the presence of defects in common property, etc.
The article will be useful: Collection of debt for housing and communal services in a joint manner: why is it beneficial for the manager, what is the essence
Repair estimate
Advice from lawyers:
1. The management company refused to provide an estimate for the repair of the entrance. What actions do the owners take?
1.1. Contact the prosecutor's office, housing inspection, Rospotrebnadzor, then the court. Initially in writing to the management board.
Did the answer help you?YesNo
Consultation on your issue
8
Calls from landlines and mobiles are free throughout Russia
2. What to do if the management company refuses to provide an estimate for the repair of the entrance.
2.1. Write a written request with a receipt stamp on your copy. Owners of premises, in accordance with the terms of the contract or charter, have the right to receive from responsible persons no later than 5 working days from the date of application information on the lists, volumes, quality and frequency of services provided and (or) work performed (clause “a”, clause 40 of the Content Rules common property in MKD, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491). That is, management companies are obliged to provide an estimate for any completed or planned work, and if the work was carried out without such an estimate, then they are obliged to draw up one.
Did the answer help you?YesNo
3. How to check the accuracy of the estimates for major repairs in TSN.
3.1. Appoint a construction expert.
Did the answer help you?YesNo
4. We (the supplier) want to terminate the state. The contract for roof repair due to the discrepancy between the estimate and the actual scope of work, the customer does not agree to. How to terminate contracts?
4.1. Hello. Terminate unilaterally.
Did the answer help you?YesNo
5. General in-person and absentee meeting of owners on the issue of major repairs of the common property of the mkd, money in a special account. Notices posted 10 days ago identify a specific roofing contractor. The Capital Improvement Fund approved another contractor's estimate. Will changing the name of the contractor on the agenda be a violation of voting in the microdistrict?
5.1. No, it is impossible to change the agenda of the general meeting, in accordance with Order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated July 31, 2014 No. 411/pr “On approval of the approximate terms of the management agreement for an apartment building and methodological recommendations on the procedure for organizing and holding general meetings owners of premises in apartment buildings”, which determined that 8. The General Meeting does not have the right to make decisions on issues not included in the agenda of this general meeting, as well as change the agenda of this meeting. And also in accordance with the Housing Code of the Russian Federation, which establishes similar provisions regarding the agenda: Article 46. Decisions of the general meeting of owners of premises in an apartment building 2. The general meeting of owners of premises in an apartment building does not have the right to make decisions on issues not included in the agenda of this meeting, as well as change the agenda of this meeting.
Did the answer help you?YesNo
6. In 2013, by decision of the OSS, we underwent a major overhaul. In the decision, the owners indicated the amount of repairs at 150 thousand. The Criminal Code, without agreeing on the estimate, did work in the amount of 300 thousand. Now it indicates a negative value in the carry-over balances for current repairs in the annual reports. Can such exposure be considered fraud?
6.1. Formally, one can talk about this, but judicial practice in this regard is disappointing. Try filing a police report about this.
Did the answer help you?YesNo
6.2. Law enforcement agencies deal with issues of qualification of acts. Contact the Investigative Committee to assess the actions of the Criminal Code for fraud.
Did the answer help you?YesNo
6.3. Hello. Can.
Did the answer help you?YesNo
7. The house is recognized as unsafe and subject to reconstruction in 2011. 24 apartments, estimate 44,354,956 rubles. repairs were not carried out. In 2017, a re-examination was carried out; wear and tear of over 91%; dismantling of the building and restriction of access to citizens is required, due to a real threat to the life and health of citizens. The Intervenous Commission recognized the house as unsafe, but tentatively set the demolition date for 2029. Our actions and rights in this case.
7.1. Good afternoon At first glance, it should be established that the residential building is not suitable for habitation - it is dangerous, in which case it will be possible to hurry the authorities.
Did the answer help you?YesNo
8. This question: They are planning to conduct a cap in our house. heating repair. Can I find an estimate for this work somewhere?
8.1. There are no estimates for this work anywhere. You need to contact an estimator to calculate the cost of repairs.
Did the answer help you?YesNo
9. I had some repair work done. A contract and estimate were drawn up. Upon completion of the work, the cost increased by 20 thousand rubles. which I'm not ready for. The addition to the estimate was not agreed upon with me. Can I pay only the original estimate price?
9.1. Yes, you can pay a pre-agreed amount.
Did the answer help you?YesNo
10. We entered into a contract for major repairs under 44-FZ. We started work, during the execution of the contract it turned out that the Customer in the estimate used the price FSTS 01.7.15.01-0037 punching anchor replaced the “punching anchor” with the “HILTI anchor”, but the price of the latter is 100 times higher than that provided for in the price and, accordingly, the estimate . What should he do with such a situation?
10.1. File a complaint with the antimonopoly service, they will respond. Perhaps the response will contain a refusal to consider due to the timing of the application, but it is possible that an inspection will be carried out. If possible, do not fulfill items for which the amount was not specified, since they are not included in the price justification, which means that you will have to go to court to pay such expenses, especially if the customer is a public sector employee. There is judicial practice, you can search where the contractor performed work beyond the estimate, thereby increasing the contract price, the court sided with the contractor and ordered the customer to pay all costs. You can also do it this way... you do not carry out items that were not calculated, at the same time the customer carries out the procedure for completing those works that were not calculated, and at the same time you carry out work on site, but this is if time allows... the main thing in your case is not to miss the deadlines. Go for a consultation with the Federal Antimonopoly Service regarding your subject, they will describe a scheme of actions and consequences. If they face a large fine, try to talk with the customer and, by agreement of the parties, terminate such a contract, let the new purchase be published.
Did the answer help you?YesNo
11. I, the head of the LLC, entered into a Contract with the MBOU Secondary School for the repair of electrical panels (there were no auctions or tenders). When fulfilling the contract, we had to deviate from the estimate (install other circuit breakers, replace components for better operation of the electrical networks). The customer demanded that the estimate and reports for the actual work be redone. The estimate increased by 20%. The customer doesn't like it. Can I demand the actual estimated cost from them and on what basis? Sincerely…
11.1. According to Article 743 of the Civil Code of the Russian Federation: 3. A contractor who discovers during construction work that is not taken into account in the technical documentation and, in connection with this, the need to carry out additional work and increase the estimated cost of construction, is obliged to inform the customer about this. If the customer does not receive a response to his message within ten days, unless the law or the construction contract provides for a different period for this, the contractor is obliged to suspend the relevant work, attributing losses caused by downtime to the customer’s account. The customer is exempt from compensation for these losses if he proves that there is no need for additional work. 4. A contractor who fails to fulfill the obligation established by paragraph 3 of this article is deprived of the right to demand from the customer payment for additional work performed by him and compensation for losses caused by this, unless he proves the need for immediate action in the interests of the customer, in particular due to the fact that the suspension of work could lead to death or damage to the construction site.
Did the answer help you?YesNo
12. The ball valves in the ITP need to be replaced. The management company issued an invoice and estimate to change the valves due to ongoing repairs. Referring to the fact that in the apartment management agreement, “replacement of valves in ITP” is specified in the “current repairs” section, and not “housing maintenance.” Are the actions of the Criminal Code legal? Or, according to PP No. 491, the replacement should be at the expense of the management company, even if the contract states that it will be at the expense of current repairs?
12.1. Replacement at the expense of the owners.
Did the answer help you?YesNo
12.2. Unfortunately, it is not specified which valves exactly. Meanwhile, in accordance with Rules No. 491 and Decree of the Government of the Russian Federation of April 3, 2013 No. 290 “On the minimum list of services and work necessary to ensure proper maintenance of common property in an apartment building, and the procedure for their provision and implementation,” the maintenance of common property MKD includes, incl. General work performed for the proper maintenance of water supply systems (cold and hot), heating and drainage systems in apartment buildings: restoring the functionality (repair, replacement) of equipment and heating devices, water dispensing devices (mixers, taps, etc.) related to the general property in an apartment building;
Did the answer help you?YesNo
13. Received permission from guardianship to withdraw money from personal accounts. They ordered me to send reporting documents within a month. The estimate included renovations to a new apartment where the children have shares and moving to another city where the apartment was purchased. But now I don’t have the opportunity to provide documents for the move, since I will be leaving later. Can I withdraw all the money now and send the guardianship an application for deferred provision of documents?
13.1. Of course, take pictures, and then the permit will expire...
Did the answer help you?YesNo
Consultation on your issue
8
Calls from landlines and mobiles are free throughout Russia
14. By verbal agreement, individuals. the person was doing renovations in the apartment, when installing the doors he made the wrong holes in the doors and disappeared, he doesn’t answer calls, I find out through third parties that he won’t continue the renovations, allegedly I didn’t fully pay him off. Other building materials were purchased according to his estimate. What to do in this situation?
14.1. Hello, Elena! Unfortunately, there is nothing to please you with, since in the absence of a written agreement this person does not legally have any obligations to you.
Did the answer help you?YesNo
15. I am an individual entrepreneur, a contract was concluded for the renovation of an apartment in the amount of 255,000 rubles, an advance payment was made in the amount of 130,000 rubles. The renovation was done, but during the renovation process the client wanted more and more. The estimate was not signed, since the client insisted on calculation after the fact, such as recalculating 10 times. I am ready to pay for all my “kettles”. Now it’s time to pay, she says I didn’t ask you to do this. He refuses to pay, the estimate has not been signed. What should I do?
15.1. Hello! First, you need to submit a claim under your contract.
Did the answer help you?YesNo
16. The neighbors’ apartment was accidentally flooded. We were presented with a local estimate, which included VAT, estimated profit and overhead costs. Do I need to pay for these items or can I limit myself to paying for consumables and wages for the workers who will carry out the repairs?
16.1. Hello. You can offer to eliminate the accident on your own and at your own expense.
Did the answer help you?YesNo
16.2. It's up to you to decide. But these items are always included in the estimate.
Did the answer help you?YesNo
16.3. Andrey, either by agreement you pay everything or you can pay nothing at all, then the neighbors will file a lawsuit. You can, of course, pay in part, but then they will have the right to go to court for the remaining amount.
Did the answer help you?YesNo
17. After the traffic police ordered the cosmetic repair of the entrance, the management organization drew up an estimate for an amount that the residents did not agree to and did not sign the estimate. In order to report to the traffic police, he (the director of the management company) signed the estimate himself. Did the director legally sign the document?
17.1. No, I must approve the general meeting of owners.
Did the answer help you?YesNo
18. Housing cooperatives carried out major repairs. The deadline is 10/9/19. On 10.23.19, report KS-2 was submitted; on 11.15.19, the contractor carried out more work. Documents for the scope of work performed do not correspond to the cost of work determined in the estimate. The contractor asks to pay for the work according to the estimate, regardless of the documentation. The housing cooperative has claims regarding the work. How to do it right.
18.1. Hello, Natalya Anatolyevna. Housing cooperatives have the right to demand that work be performed in accordance with design and estimate documentation. If, in fact, the volume of work performed is less than the estimate, you can either demand that the entire volume of work be completed, or reduce the cost of the work performed. If there are no claims regarding the volume, and the cost exceeds what was initially approved, then a revision of the cost of the work is possible only by agreement of the parties in the manner prescribed by law. In this case, an additional agreement in writing is required.
Did the answer help you?YesNo
19. Is membership in an SRO required for drawing up estimates for major repairs of objects such as a cultural center financed from the budget for submitting estimates to the state examination to determine the reliability of the estimated cost.
19.1. Only if you have membership in the self-regulatory organization, clause 5, art. 48 of the Urban Planning Code The person preparing the project documentation may be the developer, another person (in the case provided for in parts 1.1 and 1.2 of this article) or an individual entrepreneur or legal entity who has entered into a contract for the preparation of project documentation. The person preparing the project documentation is responsible for the quality of the project documentation and its compliance with the requirements of technical regulations. The developer, another person (in the case provided for in parts 1.1 and 1.2 of this article) has the right to prepare project documentation independently, provided that they are members of a self-regulatory organization in the field of architectural and construction design, or with the involvement of other persons under a contract for the preparation of project documentation .
Did the answer help you?YesNo
20. Please tell me whether it is possible for the Customer or the Contractor to unilaterally change the approved estimate for the repair of an apartment building. Within the framework of the state overhaul programs. And what laws should I refer to? Thank you.
20.1. Read the terms of the contract, everything is stated there. - rights and obligations, - Art. 421 of the Civil Code of the Russian Federation. We have freedom of contract.
Did the answer help you?YesNo
I don't pay for the cap. repairs in general, how our management company collapsed, 6 years have passed, they keep sending me receipts for payment, the debt has grown to 25,000 rubles.
In October, I had an accident at home; a cold water hose ruptured and flooded my neighbors.
One private individual carried out repair and finishing work for another private individual.
Question: is it necessary to adopt a specific tariff for technical equipment at the general meeting? maintenance and repairs, for example 34.50.
The insurance company sent it to a service station for repairs. Arrived at the service center, the receptionist immediately
State concluded roof repair contract. The project and the defect sheet indicate the cost.
The repair company did the repairs. The estimate indicated overpriced prices for services.
Please tell me how you prepare estimates for the renovation of a court room? The wall in the apartment is freezing,
We contacted the management company with a request to carry out repairs in the corridor at the expense of previously made payments (for maintenance and repairs).
In the estimate for the overhaul of water supply networks,
The ceiling in my apartment on the fifth floor was leaking, I wrote a statement to the management company.
