JSC "WE CONTROL HOUSING AND UTILITIES" Extract from the Unified State Register of Legal Entities with the electronic signature of the Federal Tax Service

Tariffs and Standards

The process of licensing management companies has completed its active phase. In theory, it eliminated organizations that committed abuse or provided low-quality services. But, naturally, one can only dream of a complete financial and moral recovery of the MKD management market. However, it is possible to independently limit the possibilities of the management company for abuse. To do this, you need to monitor their activities.

Request for rates

The most common way to deceive residents of houses managed by a management organization is to manipulate tariffs and mandatory payments. In order to find out whether you are overpaying on the receipt that comes to you every month, you need to request a list and amount of tariffs from the Criminal Code. They cannot refuse to provide you with such information.

If problems still arise with obtaining important data, it is necessary to issue an official written request and register it with the secretary of the Criminal Code, indicating the incoming number. Ignoring such a request for the management company is fraught with major troubles.

After you have received the list and amounts of mandatory payments, you need to take your receipt and calculator and check if there is a “mistake” in the Criminal Code. The structure of payments is specified in Article 154 of the Housing Code of the Russian Federation. If an error is discovered, you should cooperate with your neighbors and find out if they have the same “errors.” As a rule, it is not individual residents who suffer from the abuses of the management company, but the entire building. A typical case is that the management company “forgot” that the house has a communal heat meter and charges according to the standards as if it did not exist. You should know that in Russia it is not uncommon for residents of a building to discover errors in the calculation of payment amounts. Often these amounts exceed hundreds of thousands of rubles.

Report

When drawing up an agreement with the management company, it is necessary to indicate the frequency and requirements for the content of the report on the work done. It should indicate such points as landscaping services, maintenance of common property, repairs and the cost of these services. There should also be information about the volume and cost of purchased utilities from resource supply organizations.

And most importantly - financial activity. Accounting statements, information on income and expenses are mandatory items in the report of any management company. Again, study this report; if questions arise, it would not be a bad idea to involve neighbors with an economic education in its discussion or even bring it to a house meeting. Also ask for certificates of completed work, an appendix to the report, and payment orders. These documents may contain interesting nuances that may not appear in a well-written report. You can also request an estimate of expenses for the coming year.

Having received the report, you need to take it and compare what is written there with what actually exists. For example, the report may indicate that the windows on the staircase were replaced, for which a certain amount of money was spent. But in fact, no one replaced these windows and none of the neighbors saw the workers. You need to check everything, right down to the water consumption for wet cleaning. The management company may also incur financial liability for services not provided.

State Housing Inspectorate

If you just now realized that your contract with the management company does not specify the frequency of reporting, it doesn’t matter. According to paragraph 11 of Article 162 of the Housing Code, the management company must provide owners with an annual report on its activities during the first quarter of the next year. If you did not plan to check the financial activities of your management company, the report is a good reason to do so. And if you or your proactive neighbors with a legal or economic education find inconsistencies or errors in the tariffs, then you should file a complaint with the State Housing Inspectorate. It would also be promising to contact Rospotrebnadzor. In addition, there is the prosecutor's office and, ultimately, the court. The prosecutor's office regularly initiates cases against directors of management companies who decide to spend the money collected from residents to pay for utilities for their own needs. These cases arise, among other things, thanks to the attentiveness of residents. Remember that after licensing management companies, two complaints from residents are enough to remove the management company from managing the house. So it’s just a matter of the initiative of the owners themselves. But it’s important not to go too far. Everyone has the right to make mistakes, including management companies. If these errors are not systemic or intentional, then it is better not to risk changing the management company. The new one may not be any better.

There are many fundamental problems in Russia that are stereotypes. When talking about our country, they immediately notice a couple of main problems - unsatisfactory roads, low wages, and constant problems with housing. In fact, not everything is so terrible everywhere, because problems with roads and money are being solved for the most part, and in general people have not been complaining lately. But, unfortunately, the problem with housing remains and there is no way to get rid of it.

And it lies in the following: in the country, the housing and communal services are responsible for each individual apartment building, which in turn completely monitors the house, as well as the surrounding area, and carries out repairs in cases where it is necessary. To put it simply, housing and communal services ensure the functioning of houses and make sure that people feel comfortable living in these very buildings. These organizations receive a certain amount of money for their activities.

But not everything is so transparent, not every one of them is so honest with the residents of apartment buildings. Very often it happens that the management organization simply becomes impudent and begins to steal money from residents, in the literal sense of the word, although many may not even suspect anything. That is why there is a body from above that supervises management companies.

Organization of regulatory authorities

In order to understand how to check a management company, you need to understand what rights residents generally have and which government authorities should fulfill this. In total, there are three levels of organization that inspects government management companies: local, regional, and federal, all of them have their own characteristics and are needed for a specific purpose.

Federal level

Far from being the main level among those who control the work of management companies. This method is not the main one, while they only issue some instructions, instructions on how to conduct housing, introduce only some principles and features, and this level consists of several state parts:

• FAS Russia (Federal Antimonopoly Service of Russia) is the part that controls tariffs in the areas of water and heat supply and determines the maximum possible cost of payments from which housing and communal services should be based.
• Ministry of Construction of Russia - which determines drawings and schemes for heating and water supply of houses.
• Ministry of Energy of Russia - which determines the quality of housing and communal services provided. Describes their laws, rules, permits and, in general, the entire concept of management companies, and also checks the accounting for the economic part (Payments for heat and water).

Regional level

The same level that itself exercises control over management companies. Checks how the instructions from above, laws and guidelines are fulfilled. Management companies in this case are subordinate to a special body - the state housing supervision, which carries out all kinds of checks on the following parameters:

• How correctly the maintenance and care of living quarters is carried out.
• Tariffs and fees for various services provided by the management company.
• Carrying out redevelopment of buildings according to certain standards.
• Transfer of various premises from residential status to non-residential status and vice versa.
• Formation of funds for home repairs.

In cases where violations are detected, the authority can suppress and eliminate them at the expense of the management company that allowed them. It is also worth noting that, guided by SanPiN standards, this part also monitors the safety and quality properties of the services provided: water quality, its composition, both chemical, biological and radiological. In addition, the noise level, humidity and ventilation quality are checked.

Municipal level

Most often, this is an organization within a city organization that inspects management companies. These bodies are also assigned responsibilities that must be carried out at the regional level. All these checks according to the plan should be carried out once a year. In cases where complaints arise from residents, unscheduled inspections are carried out. Based on the results, a report must be drawn up with a conclusion on the inspection of the management company. Most often, such a check of the management company is effective.

Housing control and housing supervision

The management organization filed an application with the arbitration court. The court of first instance agreed with the UO and canceled the order of the housing and communal services department. He said that, according to Part 7 of Art. 20 of the Housing Code of the Russian Federation, municipal housing control does not have the authority to conduct inspections and issue orders.

The appellate court overturned this decision and declared the contested order legal. He recalled that state housing supervision and municipal housing control are not the same thing.

Housing supervision is carried out by executive authorities of the constituent entities of the Russian Federation, housing control is carried out by authorized local government bodies (Article 20 of the Housing Code of the Russian Federation).

The implementation of state housing supervision does not depend on the form of ownership, and municipal housing control is carried out in relation to the municipal housing stock (clause 3, part 2, article 19 of the Housing Code of the Russian Federation).

Part 7 art. 20 of the Housing Code of the Russian Federation prohibits the state housing supervision from conducting inspections of licensees. But the legislation does not prohibit this from municipal housing control.

The appellate court also explained that part of the apartments in the disputed apartment building are classified as municipal housing, therefore the housing and communal services department fairly acted within the framework of municipal housing supervision in relation to the general property of the building.

If there is a residential premises in an apartment building that belongs to the municipal housing stock, this is considered the basis for an inspection by the municipal housing control body in relation to this premises and the general property of the apartment building. Such property, by right of common shared ownership, belongs, among other things, to the municipality (Article 36 of the Housing Code of the Russian Federation).

The decision of the appeal court was supported by the district court, and then the Supreme Court of the Russian Federation agreed with their conclusions.

Functions and competence of municipal housing control
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Residents as a controlling body

Residents can also act as a body that controls the housing and communal services management company, since an agreement has been concluded with them on the provision of certain services. That is why residents can request an inspection that will be carried out in relation to the quality of these same housing and communal services.

Residents can request full reports for 1–2 years, based on which it will be clear how honestly the management organization keeps records. If something doesn’t add up, residents can go to court or a regulatory authority. It is important to note that a collective letter will speed up this process. The more residents connect, the faster the issue will be resolved. If the court confirms illegal actions, then all fees will be reimbursed to the residents.

FAS report

If the actual increase in the fee for CG is greater than the size of the limit index for the subject, the amount of the fee is subject to change within 15 working days from the date of issuance of the order of the GZHN body. At the same time, consumers have the right to write an application for payment of compensation at the expense of the regional budget.

The highest official of a constituent entity of Russia - the mayor or governor - is given 15 working days from the date of receipt of the order to eliminate the shortcomings. Afterwards, he sends to the FAS a report on the work done, with supporting materials.

In turn, the FAS, 10 days after receiving data from the highest official of the region on the correction of violations, appears before the Government of the Russian Federation with a report on the work done.

If used correctly, the new FAS function can become an assistant in monitoring decisions of government bodies of constituent entities of the Russian Federation that affect the growth of utility bills, and in case of violations, quickly respond to identified violations.

Checking the housing and communal services management company for honesty in three stages:

Controlling authorities in the housing and communal services sector are sometimes not honest, so you have to carry out the inspection in such a way that it is really fast, minimally expensive both in time and in resources and, accordingly, has the maximum impact.

First stage: Gathering information

In order to start checking management companies, you need to be able to study documentation and be quite patient and attentive in this regard. From the management company, collect all the necessary packages, which spell out the tariffs for all services provided by the company. On behalf of the owners, write a statement with which to request settlements. You need to get as many papers as possible.

Second stage: Checking calculations and work performed

Check the accuracy of the organization’s calculations, as well as the justification for the reason for payment for services. It is also advisable to check whether these services were actually performed in full, as well as their quality.

If you can’t do the recalculations yourself to check them correctly, then you should turn to professionals for help. Such expenses, as a rule, most often pay off, but it is worth remembering that you need to take this action in cases where there really is a suspicion of dishonesty of the management company.

Third stage: Final

This actually ends the supervision in the housing and communal services sector. If, in conclusion, the management organization is still unclean, then the next step is to go to court, and also warn the residents that they will have to write a complaint against the management company.

The right to provide public services

In accordance with the Decree of the Government of the Russian Federation dated May 6, 2011 No. 354, the right to supply utilities in order to ensure favorable and safe living conditions for residents of apartment buildings has an individual entrepreneur or organization, regardless of the form of ownership:

• management company (MC);
• resource supply organization (RSO);
• housing cooperative.

Tariffs of management companies, HOAs or RSOs are regulated by federal or regional authorities. Each figure in this case is economically justified, calculated taking into account the organization’s costs, regional characteristics, technological level of production and other parameters.

And yet, many consumers have a question about whether management companies can raise tariffs. We find the answer in Art. 156 of the Housing Code of the Russian Federation, which states that the cost of maintaining housing in an apartment building where a HOA or residential complex has not been created is determined at a general meeting of owners. Changes in calculations without prior approval by apartment owners are groundless.

Every owner or tenant of a home has the right to contact the management company, where you can find out the components of the tariff and the amount of costs for maintaining the house in accordance with Decree of the Government of the Russian Federation dated September 23, 2010 No. 731.

We recommend that you carefully read the agreement concluded with the management company. Perhaps it contains a clause on raising tariffs unilaterally in the event of an increase in the cost of home maintenance services. Although this provision is controversial, many companies take advantage of it.

Information on where to go to find out utility tariffs is published on the official website of the Federal Antimonopoly Service. There is also a housing and communal services calculator, with which you can easily make an approximate calculation of the cost of services based on your location.

The form of organization of house management in the form of an HOA or residential complex is popular due to the fact that residents, through their representatives, take part in resolving issues related to the maintenance of the house and surrounding area, including in calculating the cost. Each apartment owner can control the expenditure of funds and initiate a more economical use of the services provided or the use of reduced tariffs by the HOA in 2020 through:

• use of energy saving technologies;
• installation of meters;
• other legal means.

In this case, resources are purchased under an agreement between resource supply organizations and the HOA. As a contractor, the partnership is obliged to remember that the provision of utility resources to residents must be carried out at established tariffs.

For more information about the procedure for registering an HOA, concluding agreements with RSOs and consumers, as well as payments for services, read the article “Homeowners’ Association.”

Management companies that have a license, staff of specialists and special equipment have the right to supply utilities. Based on Art. 162 of the Housing Code of the Russian Federation, an agreement is concluded with the management company on the management of apartment buildings, according to which it purchases utilities from resource supply organizations at the tariffs established in the region and carries out maintenance and repair work to maintain the house.

A mandatory condition that must be specified in the agreement is the procedure for changing the tariff by the management company, because the management company receives these powers only with the consent of the owners and tenants of the apartments.

After concluding an agreement, residents transfer money for communal services to the accounts of the management company, which in turn undertakes to transfer the funds to the RSO in a timely manner.

Applying a correction factor

The procedure for calculating and paying for the maintenance of the house and surrounding area is determined at the general meeting of owners. It must meet the requirements listed in the Order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated November 28, 2017 No. 159/pr.

This document specifies how utility adjustment factors are applied to home improvements and maintenance. The basic cost standard includes costs for:

• maintenance of common property;
• maintenance of real estate;
• maintenance of particularly valuable movable property and its complete restoration if necessary;
• general economic needs of the management company;
• employee salaries, where tariff coefficients for housing and communal services wage grades are applicable.

Corrective coefficients to the basic cost standard consist of a territorial and sectoral indicator, approved for each service separately. Taking into account the listed expense items, residents can independently calculate the cost of services for their home.

Read more about the list of responsibilities of the management company in the article “Housing and communal services management company: rights and obligations.”

Agreements with RSO

In recent years, residents of high-rise buildings have been striving to enter into contracts directly with the North Ossetia Region regarding the supply of electricity, water, gas and heat supply, and garbage removal. Such organizations can accept payments from residents for services in cases where a management method has not been chosen for the building or the contract with the management company or HOA has expired.

The decision to pay for utilities to the RSO cash desk is made at a meeting of residents if the majority of owners vote in favor. Documents about this are transferred to the resource supply organization.

It is worth noting that direct payments to resource suppliers do not affect tariffs in any way.

Registration and filing of complaints against the management company

In order for the financial and economic activities of the management company to be checked by the authorities above, it is most often necessary to file a complaint, which is subsequently submitted to the court, prosecutor's office, inspectorate or other government department that deals with this.

Drawing up a complaint

Before contacting the supervisory authority, you need to try to get a response from the Criminal Code itself; if the response is not satisfactory or there is no response at all, then you can begin to file a complaint. This is done using samples for filing complaints against the Criminal Code.

Complaint to the housing inspection

The work of this state part is aimed at protecting consumers, that is, residents, but do not forget that it deals only with a certain part of possible problems, this was described above. Otherwise, you will have to contact another government agency.

Complaint to the prosecutor's office

The prosecutor's office is not the one who controls the work of housing and communal services management companies, but still in cases of illegal actions, but it can do the work if the violations are related to cash flow. As a result of the case, it will be possible to bring the organization to criminal liability for committing illegal actions.

Complaint to court

When the bodies that control the work of housing and communal services management companies fail, it is possible to turn to a judge and resolve conflicts and issues related to the Criminal Code and in court. This requires more time and effort, but is more practical than other methods.

Who sets, regulates and controls the size of housing and communal services tariffs?

Tariffs for utilities in Samara and the Samara region

“EIRTs” informs you who is responsible for regulating tariffs for housing and communal services in the territory of the Samara urban district.

Tariffs are set and regulated by the Ministry of Energy and Housing and Communal Services of the Samara Region

Documentation for calculating tariffs for housing and communal services

Methodological recommendations on the financial justification of tariffs for the maintenance and repair of housing stock. Order of the State Construction Committee of the Russian Federation No. 303.

Tariff type

• Electricity tariff
• Heating tariff
• Gas supply tariff
• Water supply tariff
• Tariff for sewerage
• Garbage removal tariff

In accordance with the Decree of the Government of the Russian Federation dated April 30, 2014 No. 400 “On the formation of indices of changes in the amount of payment of citizens for utility services in the Russian Federation”, the decree of the Government of the Russian Federation dated April 30, 2014 No. 718-r of the Samara Region approved indices of changes in the amount of payment paid by citizens for utilities.

The main purpose of approving the marginal indices is to increase the transparency of utility payments - it will become more convenient for residents of the region to control the amounts in their receipts, because the cumulative increase in payments for utility services, which include heating, gas and electricity supply, cold and hot water supply, and sewerage can be compared with the established limit index.

Compliance of the payment amount with the established values ​​will also be strictly controlled at the regional and federal levels. Let us recall that the body supervising compliance with the application of limit indices for changes in the amount of payments made by citizens for utility services is the State Housing Inspectorate of the Samara Region.

What should I do if the receipt shows inflated rates and the total amount?

How to challenge the management company's tariffs?

The citizen must contact the management company and request a recalculation.

Deadlines for recalculation and issuance of response

The processing time depends on the title of the document submitted by citizens

• Claim - within 3 working days
• Complaint – within 10 working days
• Application - within 30 calendar days

If no response is received, you must send a pre-trial claim to the head of the management company.

What is common property?

How are tariffs calculated and set?

• Flights of stairs
• K corridors
• Lifts _
• Attics and basements _
• Technical floor premises
• And engineering communications ( and sanitation systems );
• With alarm _
• And automated entrance doors
• Home territory _ _ _

Tariffs for the services of the management company and for repairs, maintenance of housing and common property must be clearly justified. The management company must formulate a work plan and calculate its cost.

Many management companies do not disclose full information about how was calculated. Citizens are told only the final price. Therefore, apartment owners in an apartment building cannot independently determine the correctness of the calculation of the established tariffs.

Increasing payments for housing and communal services. Compensation

It should be noted that the annual increase in payments for housing and communal services is accompanied by the implementation of social support measures in the form of subsidies and monthly cash payments to pay for housing and utilities. Currently, regional standards for the cost of utility services, on the basis of which social protection measures are provided, are being reviewed; therefore, in the future, certain categories of citizens will receive payments taking into account increased prices.