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An apartment building is a complex technical structure that requires constant attention. We need to maintain his condition, care for him and manage him .
Someone has to do this, either the owners of residential premises themselves, or hired specialists. The state provided residents with a choice of the form of management of apartment buildings.
But before you choose, you need to have an idea of what control methods are available.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call the numbers below. It's fast and free!
Ways to manage an apartment building
The Housing Code of the Russian Federation (Article 161) provides several possibilities for managing an apartment building (abbreviated as MKD).
These include:
- Directly by residents;
- Through the creation of a HOA or cooperative;
- Management company (MC).
The method of managing an apartment building is chosen by the owners at their meeting. They have the right to change the form of management .
However, if for some reason the homeowners are unable to choose a method, then the municipality makes the decision for them, electing a management company in an open competition.
If the residents manage the house themselves, that is, directly, this means that each owner himself works with organizations that serve the housing stock.
The presence of a management company in this connection is not necessary, although in practice, most often, direct management is carried out through a management company, which acts as a representative of the residents.
A legal entity is not created in this form; the house is managed by a house elder or a house committee.
The next method is to create a housing cooperative or HOA. Based on the general meeting of owners, a non-profit organization (HOA or cooperative) is created, the main task of which is to maintain the house.
The MKD is managed through the established organization. The homeowners' association has its own current account, seal, and represents homeowners before third-party and government organizations.
A management company is an organization that specializes in providing services in the housing and communal services sector, that is, it is engaged in professional maintenance of houses.
The management company can be either private or public.
If residents choose a management company to manage their apartment building, then each owner enters into a service agreement with the management company, including payment of utilities, garbage collection, and supply of certain energy resources.
If you want to find out about major home renovations: who is entitled to payment benefits, we advise you to read the article.
Types of home control
According to Article 161 of the Housing Code of the Russian Federation, there are three forms of management of an apartment building:
- direct;
- management of an apartment building by an HOA or housing cooperative;
- management company.
They have both advantages and disadvantages. It depends on the situation that has developed in a particular case and on the choice of the meeting of owners. The types are not much different from each other; each of them can be beneficial and ensure the rights of home owners. Housing legislation clearly defines the extent of guilt for the mistakes of the management of the company that manages apartment buildings. In any case, residents are provided with water supply, heating, and maintenance of staircase landings and the surrounding area. It is also necessary to notify citizens about the actions and plans of the management organization.
Selecting MKD control
The choice of management method takes place at a general meeting of apartment owners.
The process can be divided into several stages:
- Preparatory. Creation of an initiative group that will prepare the meeting, proposals on the form of management, place and timing of the meeting, storage of documents, preparation of a draft resolution, etc.
- Holding a meeting. In order for the decision of the meeting to have legal force, the presence of at least 50% of the owners living in the house is required. The form of the meeting can be either in person or in absentia.
- Implementation of decisions of the general meeting. If direct management or management company is elected, then residents enter into contracts with service providers directly or with the management company. If an HOA or residential complex is created, then constituent documents are drawn up and the organization is registered with government agencies. Next, the owners resolve all issues with the HOA or cooperative.
Since 2020, it is possible to directly manage a house if there are no more than sixteen apartments in it (Federal Law No. 255 of July 21, 2014, RF Housing Code Art. 161).
In other cases, you will have to either create an HOA or use the services of a management company.
An apartment building can be managed
Advice from lawyers:
1. The apartment building is managed by a Management Company, the building also has a House Council from among the owners, we want to enter into an agreement with a company that places advertising in elevators on a fee basis, but do this in such a way that the money is received not by the management company but by the owners, as we plan to further creation of a homeowners association, what options are possible. Thank you.
1.1. Hello. You can resolve this issue at a general meeting of owners of the microdistrict.
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2. The apartment building is managed by 000 uk. Work on the maintenance of common property is carried out by contractors. Residents pay wages to contractor workers. In addition, they pay for the purchase of equipment. It is legal?
2.1. You cannot pay wages to your own employees. And payment for anything else that is not provided for by the terms of the management agreement is quite possible if the parties to the agreement to carry out such work have reached an agreement on this.
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3. How can I buy a concierge room in an apartment building, which is adjacent to my apartment with one wall and is common property? There is no bathroom in the room. The house is managed by an HOA.
3.1. How can I buy a concierge room in an apartment building, which is adjacent to my apartment with one wall and is common property? There is no bathroom in the room. The house is managed by an HOA. The disposal of the common property of the house falls within the competence of the general meeting of apartment owners.
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3.2. In practice, this issue cannot yet be resolved. Since reducing the size of common property in an apartment complex is possible only with the consent of ALL owners of premises in a given apartment complex. And this cannot be achieved in practice in any MK. See art. 36 Housing Code of the Russian Federation, Part 1, Art. 246 of the Civil Code of the Russian Federation.
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4. I live in a microdistrict where everyone is the owner! Mk is managed by a homeowners association. My apartment was not privatized and was received in 2002 under a warrant! Do I have to pay contributions for major repairs? If not, what should I do? Do they send me receipts? Thank you!
4.1. Hello Andrei! You are not required to pay contributions to the cap. repairs if you occupy residential premises under a social tenancy agreement or a rental agreement for residential premises of the state or municipal housing stock. This is the responsibility of the owner of the premises. According to Part 1 of Article 169 of the Housing Code of the Russian Federation, monthly contributions for major repairs of common property in an apartment building are required to be paid by the owners of premises in the apartment building. According to clause 2, part 1, art. 154 of the Housing Code of the Russian Federation, major repairs of common property in an apartment building are carried out at the expense of the owner
housing stock.
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4.2. Major repairs do not apply to social rent.
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4.3. Hello! Only the owners should pay for major repairs, since yours is a municipal apartment.
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5. Who should pay for the replacement of a worn-out iron entrance door? There is a technical act. condition in which it is recorded: the door is almost worn out. The apartment building is managed by the management company.
5.1. The door is the property of the residents, so they must pay for the door, and the installation must be carried out by the management company.
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6. I am the owner of an apartment in an apartment building. My house was commissioned in 2011. The house is managed by an HOA. Recently I received a receipt for payment of a fee for a major overhaul with the details of some operator. Question: can the owners at the HOA meeting independently choose where to pay: to a regional operator or to a deposit account in a bank that will accumulate funds only for our house and expenses only for the repair of our house?
6.1. Hello. There is such an opportunity; the owners must hold a meeting and present the results to the operator. Read the article. 170 of the Housing Code of the Russian Federation.
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7. In one 2-entry apartment building in the city of Moscow, two self-governing housing construction cooperatives are registered. The house has one postal address. At entrance No. 1 there is the Tsvetik housing cooperative, at entrance No. 2 there is the Lyutik housing cooperative. These housing cooperatives manage their entrances independently. Is this a violation of paragraph 9 of Article 161 of the Housing Code of the Russian Federation, which states that an apartment building can only be managed by one management company?
7.1. Hello! This is indeed a violation. There should be only one management organization in one apartment building. Contact your county housing authority to resolve the problem.
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8. I am a resident of an apartment building, but not the owner of the premises. The house is managed by an HOA. Do I have the right to get acquainted with business documents? HOA activities. I pay for everything that is included in the receipt by decision of the general meeting, where they deprive me of the right to even be present, saying that I am nobody. The entire Internet is filled with concerns about the rights of property owners, and what to do if you are a nobody.
8.1. It depends on what you mean by this. What you can, see, for example, here: https://base.garant.ru/12179104/
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9. I am one of the owners of an apartment building, managed by a management company. There is a concierge, for whose services the fee was raised by a written vote of the owners. There was no separate agreement for concierges. I don't want to pay any further. Am I obliged to submit to this vote, if not, how can I correctly formalize the refusal to pay for the corresponding line on the receipt? Thank you!
9.1. The decision made at the general meeting is binding on all owners.
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10. The owners of our 32-apartment cooperative building do not want to contribute funds for major repairs of apartment buildings. We believe that this is another financial pyramid. We ourselves manage perfectly well the maintenance of our home with much less money. Question: Can we be forced to contribute funds to the capital? renovation of apartment buildings?
10.1. It all depends on the terms of the contract with the management company.
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11. An apartment building is managed by a management company. Who should issue receipts for payment for major repairs if the account for major repairs is opened with a regional operator?
11.1. Hello. Reg. operator.
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12. Owner of premises in the MKD municipality. The house is managed by an HOA. The city administration does not pay fees established by the general meeting of owners for the maintenance and current repairs of common property. The premises are rented out. How to file a statement of claim in court and from when to demand payment? Maybe there are other methods of coercion?
12.1. Demand to collect in court for the last three years, i.e. within the limitation period.
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13. The owner of non-residential premises as an individual. a person in an apartment building, managed by an HOA. Rented for a long term, the tenant himself entered into an agreement directly with the energy sales company. Now the power supply industry insists that I enter into an agreement with them and threatens to turn it off. The HOA requires concluding an agreement with them, since I am a member of the HOA. What is the right thing to do.
13.1. The tenant has the right to enter into a contract directly.
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14. Please answer this question: the apartment building is managed by a homeowners association. We pay for maintenance and current repairs using a monthly receipt to the HOA cash desk. From what funds should the following be paid for: replacement of heating and drainage risers in one entrance of a multi-entrance house: from an additional payment for the residents of this entrance or from the payment for maintenance and current repairs according to the receipt.
14.1. This comes from fees for the maintenance and current repairs of the apartment building.
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15. The HOUSE is managed by a Management Company. The protocol for the selection of the management company is fabricated - signed by persons who are not the owners of the premises in the house, upon analysis it turns out that if you strictly follow the requirements of the Housing Code of the Russian Federation, there was no quorum. In this regard: Is it possible to assess the contestability and nullity of general meetings of owners of premises in an apartment building (both in general and individual issues) using Art. 181.2-181.5 Civil Code of the Russian Federation. Thank you.
15.1. Hello, Vladimir! According to Article 161 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. The Government of the Russian Federation establishes standards and rules for the management of apartment buildings. In accordance with Article 162 of the Civil Code of the Russian Federation, an agreement for the management of an apartment building is concluded in writing by drawing up one document signed by the parties. When choosing a management organization by a general meeting of owners of premises in an apartment building, a management agreement is concluded with each owner of premises in such a building on the terms specified in the decision of this general meeting. In this case, the owners of premises in this building, having more than fifty percent of the votes of the total number of votes of the owners of premises in this building, act as one party to the concluded agreement. Take advantage of these rules as well.
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16. There is an advertising poster for the sale of apartments on an apartment building. From time to time the poster gets torn off by a strong wind and hits the windows of mine and several other apartments. The apartment is my property. Question: Can we request that the poster be removed? They did not take our consent to install the poster. The house is managed by the management company.
16.1. You need to raise this issue for discussion at the general meeting of owners of apartment buildings.
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16.2. Hello, Alexey. The walls of the house are common property. The decision on their use for an advertising structure must be made by a general meeting of owners numbering at least 51%. If the homeowners did not make such a decision, then you can demand the dismantling of the advertising structure. The Criminal Code has nothing to do with it.
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17. Can the general meeting of owners of an apartment building, which is managed by the management company, having elected the House Council, also elect an audit commission?
17.1. Such a form as an HOA fully provides for the creation of audit bodies.
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18. Can I enter into an agreement directly with the water utility if my apartment is located in an apartment building and the building is managed by a management company?
18.1. Hello, Vladimir. Yes, you can. But written consent of the Criminal Code is required to conclude an agreement. Good luck.
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19. An apartment building, built 30 years ago by members of the housing cooperative, is managed by the housing cooperative by force of law, i.e. birth, without holding a meeting and, accordingly, without a decision of the owners of residential premises. However, not all owners are members of the housing cooperative. How legal is this and are there any prospects for recognizing the management of a housing cooperative’s house as illegal? Thank you. Sincerely,
19.1. Yuri, submit a statement to the Administration.
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20. Please tell me whether the land located under a house (apartment) is subject to land (property) tax or whether rent is paid for it or whether it is paid in advance at the construction stage according to the investment agreement. This refers to an apartment building built at the expense of shareholders, which is subsequently managed by the HOA. Should shareholders bear the costs of paying for this land, no matter what legal regime it is in?
20.1. In principle, it is taxed, paid and must be paid. A specific answer can only be given after a detailed study of all the circumstances and documents.
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Direct management of a residential building
Direct management of MKD is collective management. All issues related to the maintenance of the house are resolved at a general meeting.
Each owner represents his own interests..
Based on the Housing Code of the Russian Federation (Article 164), owners can choose their legal representative who will act on their behalf, that is, enter into contracts, represent owners in third-party organizations and government agencies.
The representative may not be the owner living in the house, but a person hired from outside. It is possible to elect a house elder or a house committee .
Read the article about whether the owner can be evicted from a privatized apartment for rent arrears here.
Agreement
With direct management, only direct contracts are possible.
Agreements are concluded by each owner of the premises, who directly manages the apartment building, on his own behalf (Article 164.2 of the Housing Code of the Russian Federation).
The head of the house or the chairman of the house council is authorized to conclude an agreement on behalf of all owners (Article 164.3 of the Housing Code of the Russian Federation), for this each owner must issue a notarized power of attorney in the name of the chairman of the house council.
When concluding an agreement, owners can provide in the agreement all the conditions necessary for them.
We offer you an apartment management agreement, direct form: .
To conclude direct contracts with direct management, you must provide:
- A copy of the minutes of the decision of the general meeting of owners on the choice of method of managing the house;
- A copy of the minutes of the decision of the general meeting of owners on the selection of an authorized person for interaction with resource supply organizations on behalf of all owners (or on the election of the chairman of the house council);
- A copy of the technical passport for the apartment building;
- Application addressed to the director for concluding direct contracts.
You may be interested in the article, the rights and responsibilities of the management company for the maintenance of an apartment building, you can read about it here.
Management company as a form of management
Today, management organizations perform house maintenance responsibilities in all cities of the country. This form is beneficial for many reasons:
- Under the wing of a management organization, you can collect many residential buildings that are located anywhere in the city.
- The management organization works to receive more dividends, as a result of which it takes care of the salaries of all employees; for this there is no need to convene a meeting of owners and resolve this issue.
- The management organization agrees on the start of maintenance both with the HOA, as a way to manage an apartment building, and with the housing cooperative. She can also directly control the house. This type is convenient for direct management of a residential building or when residents pay directly to resource providers.
