Home self-government how to create it what documents are needed

An apartment building requires special treatment and management. Serious concern for the well-being of residents and comfortable living leads to the prosperity and well-being of high-rise buildings. Who is involved in the direct management of apartment buildings and what does such activity involve? Everyone living in a multi-story building should know the answers to such questions.

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What is direct management of an apartment building?

Direct management can be done by an invited person or by the residents of the house themselves. All work is aimed at improving and solving everyday problems related to the maintenance and operation of multi-apartment housing. The comfort and safety of residents is the main concern of building managers.

As of 2020, direct management can take place in buildings with no more than 16 apartments. All other modern high-rise buildings with more than 16 apartments are managed according to the Housing Code of the Russian Federation:

• housing cooperative (LC);
• homeowners association (HOA);
• under an agreement with the management company (MC).

In 2020, amendments were made to the Housing Code (Federal Law No. 225).

Usually, with direct management, residents select one representative (house manager), who resolves all issues regarding major repairs, water supply, electricity and gas supply in the relevant organizations. Building manager:

• represents the interests of residents;
• holds meetings and informs residents of the house about all issues;
• issues of landscaping the territory also relate to its introduction;
• fundraising and other organizational issues are resolved jointly by all residents, and the manager ultimately becomes responsible for all events.

The pros and cons of direct management of a multi-storey building are discussed in this video:

What are the advantages and disadvantages of the direct form of management?

Compared to an HOA, this form of management is more open and does not allow overspending by residents, who entrust their money to the management of the association.

Managing an HOA is associated with a dishonest attitude towards money and one's responsibilities. There are frequent cases of overestimating the amount and pocketing the money of residents. In most cases, the management of the HOA pays for its utility costs (and not only) at the expense of other residents who were careless to trust their representatives.

Direct management allows residents to pay all utility and other expenses themselves and control their budget.

Advantages of direct management of an apartment building:

1. Each owner of an apartment in the building renews the agreement to pay for housing and communal services. From this moment on, all expenses are controlled by the owners. This allows you to eliminate debts that can be collected, for example, by the Management Company.
2. Each apartment owner will receive his own invoice, a payment receipt, exactly the one that reflects the meter readings. Unlike, for example, an HOA, when payment amounts go through the management of the partnership, no one will add extra rubles to the payment receipt.
3. The rent arrears of some residents in no way affect other apartment owners. Everyone is responsible for their own payments and expenses.
4. All issues related to the organization and improvement of common premises, staircases and courtyards are resolved together, jointly, and costs are divided equally between the residents by agreement.
5. As for home repairs, residents choose the company themselves, sign an agreement and accept the work.
   When signing a contract, it is important to carefully study it, check the compliance with the date of acceptance of the work, the quality of the work performed and the conditions of the guarantee and payment. If there are doubts or there are no citizens with a legal education among the residents, it is better to consult with lawyers.
6. All issues, if they are of interest to half of the residents, are resolved by the building manager in the relevant authorities, as an authorized representative of the building.

The general meeting of owners as the management body of an apartment building.

Are there any disadvantages

Disadvantages of direct management:

1. Everyone can participate in the improvement of their home and yard solely at their own discretion. Any collection of money for any innovation is a purely voluntary matter. If half of the residents want to plant trees in the yard, and the other does not consider this important, then only those who wish can donate the amount for the purchase of seedlings.
2. House manager is an unpaid position. A social activist, an energetic person who solves problems and, at least slightly, knows how to communicate in authorities, who would want to take on such a responsibility, is not in every home. In such cases, residents are looking for someone from the outside who does not live in the house, to whom they are willing to entrust this responsible burden.
3. There is a problem when residents, due to ignorance, cannot correctly decide on the companies that provide utility services. In this case, it is recommended to unite and consult with several authorities, so as not to suddenly find yourself without hot water, for example.
4. In each apartment, the owner pays for utilities. But, the building manager (usually himself) must check the payment receipts in each apartment so that payments are made on time.
5. Since the transition to direct management, municipal and state support will fade into oblivion. Residents of the house will be responsible for all expenses for the house and surrounding area.
6. The house manager assumes all responsibility for maintaining documentation. To avoid misunderstandings related to this and ensure a quota of trust, he is obliged to give a monthly report on the work done and general financial expenses.
   Usually, in buildings with fewer than 16 apartments, residents communicate closely and, if they decide to choose a building manager, then this person is most often an active retiree who once held a leadership position or has organizational skills.

   Building managers value their trust, but apartment owners carry out mandatory monitoring of its work.

7. According to the law, major repairs in such a house fall on the shoulders of the residents themselves. They bear all expenses themselves. This is where the problem usually lies. Because residents, unknowingly, entrust their money to the bank on legal terms. But according to the law, which is currently imperfect in relation to directly managed houses, payment amounts are delayed and repairs are delayed. In other cases, even with money in the account, residents have to pay out of pocket again. Such legal nuances in relation to financing capital repairs must be clarified and discussed with lawyers before transfers for capital repairs begin.

How to switch to direct control

The most important thing is desire. According to the Housing Code of the Russian Federation, every owner of apartments in the building must agree to this form of management.

Management objects and forms of management of an apartment building.

The meeting may be in person or in absentia. If the residents of the house are friendly and show initiative, then the meeting will take place in person.

If most of the apartments in the building are rented to tenants, then a vote can be held by sending ballot letters to everyone. The meeting will be considered completed if more than half of the owners of the apartments in the building took part. And the share of ownership of each will determine the number of votes.

If a small group or one person - the owner of an apartment in a house - comes up with the idea and desire to turn the house into a directly managed one, then you need to:

• collect signatures of residents who support this idea;
• organize a meeting (set a date, time and place for residents to gather);
• think over the course of the meeting and draw up a plan (regulations) for the meeting.

What powers does the council in an apartment building have, as well as the chairman of such a council - read here.

The meeting should resolve issues about:

• the feasibility of switching to direct management;
• in case of a positive decision, it is important to choose a building manager who would meet the necessary requirements for organizational skills, integrity and the ability to resolve issues on time and in any instance;
• Usually a representative of the local administration is invited to the elections. This is a legal decision - in most cases, the person selected for the position of manager will communicate directly with representatives of administrative authorities. In addition, most often, the invited person explains how to manage the house, organize people and look for housing and communal services companies for the house.

The administration representative also votes “for” or “against” the applicant.

After the meeting, everyone must sign the “Minutes of the Meeting” drawn up in a standard form. Typically protocols contain:

• date;
• number;
• topic;
• plan (regulations);
• who spoke and what they said (in brief);
• who voted and how;
• How did the voting end?
• how the meeting ended;
• what decisions were made at the meeting;
• regulations - who will do what, according to the decisions made at the meeting;
• Full name of the person conducting the meeting;
• signatures and transcripts of two or three people leading the meeting and drawing up the minutes.

How to draw up a contract

Most often, an official, legally certified agreement is signed with the management company. The agreement can be found on the Internet. This document contains legally important points and is drawn up in accordance with all the rules of official documents.

Several sheets describe:

• all actors - residents, management company and the person authorized to represent it;
• all data about the apartment building (address, area, number of floors, apartments, almost everything that is written in the cadastral and technical passport);
• lists the terms that will be used throughout the document;
• all property in the house that is considered common and actions regarding its improvement are listed. What is included in common areas in an apartment building - read here;
• who is the highest authority in the management process;
• the subject of the agreement is clearly stated in the second part;
• what technical ongoing repair work will be carried out;
• what preventive seasonal repair work will be carried out;
• garbage collection and routine cleaning of common areas, other issues of ensuring hygiene and sanitary conditions for the comfort of residents of the house;
• the third part contains the obligations of the parties, as well as their rights;
• the fourth part regulates payment issues;
• the responsibilities of the parties and the conditions for termination of the contract are contained in the following parts;
• issues of time and frequency of meetings are determined;
• contract time;
• date and signatures of the parties.

Direct management of an apartment building can be of very high quality or, conversely, cause dissatisfaction among the residents of the building.

Therefore, it is better to conclude the first term for a short period of a year or two. Experience will show how suitable this type of control is for your individual apartment building.

How the direct form of housing management works in practice - watch this video:

Decision conditions

The decision was made if the majority of those present voted for it. In some cases, the Housing Code requires that this majority be at least two-thirds of the existing number of premises owners in the apartment building.

When implementing direct management of apartment buildings in new legal conditions, such situations include decisions regarding:

• reconstruction of a house, construction of outbuildings, overhaul of common property, use of the overhaul fund;
• use of the plot of land on which the house is located;
• permission to use common property to persons other than the owners of these premises;
• determination of persons authorized to enter into agreements for the use of common property;
• vesting the MKD council and chairman with the right to make decisions regarding routine repairs of collective property and other issues.

The specified quorum is required to make decisions on the procedure for forming a capital repair fund, establishing minimum contribution amounts and the size of the formed fund, if it is decided to make contribution amounts, create a capital repair fund within limits exceeding the legally established minimum.

An important condition is such a majority of those voting “for” when determining the person who is trusted:

• open a special account, perform transactions on it, select a credit institution to open a special account;
• receive loans, loans for major repairs of common property, have the right to spend funds for these purposes.

All decisions of the meeting must be documented in minutes; they have the status of official documents as local legal acts that entail legal consequences for their implementation.