How does the competition for the selection of a management company take place: the procedure and rules for choosing under the current Housing Code. Deputy Alexander Grigoriev, or some features of political agitation with the help of housing and communal services Agitation of the settlement for the choice of a management company
Change management company one of the most popular reasons for convening general meeting. And, as practice shows, the transition from one management company to another does not always go smoothly. Those who disagree with the voting results are challenging the protocol in the courts. And often the ministers of Themis recognize the meeting as illegitimate. The reason for this is all sorts of violations of the procedure for holding a gathering of residents. To talk about how to change the Criminal Code or create an HOA, City News carefully studied the current housing legislation, and also talked to experts. The algorithm of actions of the owners, if they decide to abandon the services of the former managers, is prescribed in the Housing Code (LC RF). And the change of the Criminal Code and creation of HOA possible only with the decision of the general meeting. And in order for the decision of people to be legitimate, you need to follow the following rules.
1. Any owner or group of owners can be the initiator of the general meeting. At the same time, last year changes were made to the Housing Code of the Russian Federation, according to which residents have the right to entrust the organization of the general meeting of their Criminal Code, HOA or Housing Construction Cooperative. It is necessary that owners holding at least ten percent of the votes ask the managing organization about it in writing. In the appeal, it is necessary to indicate the issues to be included in the agenda of the meeting. In order to convene and hold a meeting, housing residents have 45 days from the date of receipt of the application. “The most cynical residents can ask their Criminal Code to hold a meeting to terminate the contract with themselves and choose a new company, and housing residents have no right to refuse this,” Roman Kazakov, chairman of the public movement “People’s Control in Housing and Public Utilities,” emphasizes.
Sometimes only after the change of the management company in the management of the house there are positive changes.
2. The initiator of the meeting forms the agenda, chooses the form of holding and notifies the owners of the gathering no later than ten days before the date of its holding. Within the specified period, a notice of holding a general meeting must be sent to each owner by registered mail or handed over personally against signature. As experts say, it is often the failure to comply with this requirement that leads to the fact that people's decisions are recognized as illegal. Every time you need to hold a meeting, personally handing the announcement to each owner is problematic, but the law provides a way out of the situation.
3. The most realistic form of holding a general meeting is face-to-face. Thus, if the quorum could not be reached in person (less than half of the residents came to the meeting), there is no need to initiate a new meeting, but you can immediately start absentee voting. Only the owners can express their opinion on certain issues on the agenda, just people registered in the apartment do not have the right to vote.
Important! The General Meeting is not entitled to make decisions on issues not included in the agenda, as well as change it.
4. Depending on the issues raised, the number of votes for a decision may vary. So, if we are talking about the reconstruction of a house, then people should vote for it unanimously, if current repairs are required, then two-thirds of the votes are enough, most issues, like changing the method of management, are decided by a simple majority (50 percent plus one vote).
Unfortunately, such a stir happens only around social security, as practice shows, no more than 10 people come to the meeting. The initiators have to catch the rest of the owners apartment by apartment.
Important! The decision of the general meeting is binding on all owners of premises in an apartment building, including those residents who did not vote.
5. The results of the general meeting are documented in minutes.
Important! Decisions and minutes of the general meeting of owners of premises in an apartment building are official documents. Forgery is punishable by law.
6. Within ten days after the meeting, the initiator of the meeting is obliged to transfer a copy of the protocol to his management company, HOA or housing cooperative. The managing organization, in turn, is obliged to transfer a copy of this protocol to the housing supervision service within five days. In addition, within ten days the initiator is obliged to notify the owners of the voting results.
The minutes of the general meeting must be submitted to the Criminal Code for execution.
Important! If several copies of protocols from the same house at meetings with a similar agenda get into the construction supervision within three months, this will be the basis for an unscheduled inspection.
7. Thus, the decision of the general meeting comes into force at the moment when the document is checked by the housing supervision service. Consequently, the contract with the former management company will be terminated at the moment when the house is excluded from the license.
8. If, following the results of the general meeting, the residents decided to conclude an agreement with the new management company, then, in fact, the participation of the initiators in the process of changing the company ends here. New organization she herself will demand from the former technical documentation for the house, the funds accumulated on the account of the house, and also conclude agreements with resource-supplying organizations. If, as a result of voting, a decision was made to create an HOA, then before the partnership starts managing the house, it must be registered. To do this, the elected board pays the appropriate fee, notarizes the application for registration, which is written on a special form (it can be obtained from tax service), and together with the charter approved at the meeting, submits for registration to the nearest inspection of the Federal Tax Service.
Important! At state registration The HOA is also presented with the minutes of the general meeting of owners, at which decisions were made to establish a partnership and approve its charter, as well as information about the persons who voted at the general meeting for the creation of a homeowners' association, about the shares belonging to these persons in the right of common ownership of common property in apartment building.
On a note
How best to formulate the protocol clause on informing owners about general meetings and their results
"Determine that the notification of the owners of the premises about the holding of general meetings will be carried out by posting a notice on information stands, bulletin boards, access doors and other places available for viewing by the owners in the entrances and (or) outside the entrances, but within the boundaries of the local area.
Determine that informing the owners of the premises about the decisions taken by the general meeting of owners will be carried out by placing an appropriate announcement or a copy of the minutes of the general meeting on information stands, bulletin boards, access doors and other places available for viewing by the owners in the entrances and (or) outside the entrances, but within the boundaries of the local area.
To this topic
What must be included in a notice of a meeting?
1) information about the initiator;
2) the form of holding this meeting (in-person, absentee or in-person voting);
3) the date, place, time of this meeting or, if this meeting is held in the form of absentee voting, the closing date for the adoption of decisions of the owners on the issues put to the vote, and the place or address where such decisions should be transmitted;
4) agenda;
5) the procedure for getting acquainted with the information and (or) materials that will be presented at this meeting, and the place or address where they can be found.
Where to get comprehensive advice on organizing and holding a general meeting.
"Gorodskiye novosti" collected on one map all consulting centers on housing and communal services operating in Krasnoyarsk. The services of all these institutions are free. Red color indicates municipal authorities and state authorities, blue - resource centers management for work with homeowners associations and development local government, green - public organizations.
MKU "Department for work with HOAs and the development of local self-government"
Resource center "Department for work with HOAs and the development of local self-government"
st. Oktyabrskaya, 3, tel. 277-58-29
st. 40 years of Victory, 4, tel. 225-02-14
st. Kirova, 2, tel. 227-28-85
st. Youth, 39, tel. 264-60-38
st. Pionerskaya Pravda, 8, tel. 260-00-71
Public movement "People's control in housing and communal services"
Contacts: st. Gorky, 10, tel. 288-16-10, website: NKZhKH.RF, e-mail: [email protected]
Working hours: Monday - Friday, from 9 to 18 hours, lunch break from 13 to 14
Department of Housing and Public Utilities of the Administrations of the Central District
Contacts: Mira Ave., 63, tel. 227-94065, website: admkrsk.ru, e-mail: [email protected]
Opening hours: Monday - Friday, from 9 to 18 hours, lunch break from 13 to 14
Consulting and legal center on the organization of the provision of housing utilities to the population under the Ministry of Housing and Public Utilities of the Territory
An attempt to organize a partnership of property owners (TSN, formerly HOA) for a Yekaterinburg woman, Victoria Dubova, ended in criminal prosecution.
It's all about signatures
We already wrote about a nine-story building on Cherepanova Street, 12 in the Zarechny microdistrict ("RG-Nedelya" dated 09/07/2016). Recall what the point is. Some of the owners expressed their lack of confidence in the Verkh-Isetskaya management company, which replaced the risers in the house in 2012, but did not inform people that they would have to pay for it out of their own pocket. In 2015, the residents challenged the minutes of the meeting, according to which they allegedly gave the go-ahead for an interest-free loan of 6 million rubles from the management company, and in 2016, the asset of the house decided to refuse her services altogether.
They tried to do everything according to the law: they held a meeting, according to estimates, it turned out that 57 percent were for partnership. Victoria Dubova, who was elected chairman of the TSN, with a calm soul handed over the documents to the tax office for registration. It was on May 18, and already on the 25th a criminal case was opened under Part 3 of Art. 327 of the Criminal Code of the Russian Federation: provision of knowingly false information. Victoria was accused of tricking her into getting signatures on some ballots.
On December 29, the Magistrate of the Verkh-Isetsky Judicial District, Shchelkonogov, delivered a verdict that shocked all the chairmen of the TSN in Yekaterinburg with whom we had a chance to communicate: Dubova was found guilty of a crime and fined 10,000 rubles. After shoveling through the 20-page conclusion, you understand that it’s just four signatures: one woman voted for her mother and neighbor, having previously learned their opinion, the other signed with the condition: “If the majority is in favor, then so am I.” The third claimed that she filled out some papers at the request of Dubova, although eyewitnesses say that the ballots were given to her mother, not to her.
"I don't read papers"
How can you shift all the responsibility to the chairman, because she did not conduct the meeting alone! And she did not participate in the counting of votes - this was done by the counting commission! In addition, 3-4 canceled ballots are negligible and do not affect the result, - Igor, the head of another TSN, is indignant.
It turns out that it doesn't matter how many signatures are declared invalid to initiate a criminal case, you can earn a criminal record even for one. The court believes that the initiator of the meeting, bypassing many apartments, may forget some important details, but the owners - no.
True, they do not always realize where and for what they put ticks, they confuse notices with ballots, the whole family votes on one sheet. “I don’t remember what I signed”, “To be honest, I don’t care”, “I never read papers” - you listen and it becomes scary how low the level of legal literacy of the population is. We could verify this personally already at another process, a civil one, where the protocol of the general meeting of the residents of the house on Cherepanova, 12 dated May 2016 was disputed.
The lawsuit on behalf of three dissatisfied owners was filed by a lawyer of Verkh-Isetskaya Management Company - by proxy. The company not only invited witnesses, but also ordered a handwriting examination in a private company, and was also ready to pay for another one - for 23 apartments. According to the calculations of the Criminal Code, only 48.4 percent of the votes were cast for TSN.
They compared the signatures on the ballots with the statements to the management company and realized that some of them did not match. I myself repeatedly handed over papers to the Criminal Code on behalf of grandmothers-neighbors, and no one asked me for a passport. This is not a state institution, - Ekaterina Burneiko, a resident of the house, is surprised.
According to the recall of the State Housing Inspection (GZhI), there were no comments on the voting procedure. Residents know about the court, if they wanted to declare a violation of their rights, they would have done it long ago, - says lawyer Lyubov Nikolaeva, who defends the interests of TSN. - We are not against examination, but not private, but state, when signature samples are taken directly in court. None of the declared 23 people appeared in court.
The witnesses who came, it must be admitted, also did not inspire absolute confidence. Those who are in conflict with "Verkh-Isetskaya" about debts or are dissatisfied with it, testified in favor of Dubova. According to others who once quarreled with Vika or agreed on a restructuring with the Criminal Code, they did not bring voting sheets at all or the signatures on the ballots were not put by their hand. However, everyone is warned about criminal liability for false testimony, and we have no reason, for example, to suspect the spouses of violent fantasy, who said that the day before they were subjected to moral pressure in the Criminal Code, they called Dubova a fraudster.
Residents do not agree
Verkh-Isetskiy district court in holding forensic examination refused, however, on February 13, Judge Ardasheva invalidated the minutes of the general meeting. Victoria intends to appeal this, as well as the verdict in the criminal case. The girl admits that she is very tired of proving the legitimacy of TSN and her innocence, but still hopes for justice. In general, this seemingly fragile young mother has a very strong character. Perhaps she made a mistake somewhere from the point of view of lawyers, somewhere she underestimated the complexity of working with neighbors, but we did not see the criminal in her. The Ministry of Construction of the Russian Federation, adopting Order No. 937 on December 25, 2015 "On the requirements for the minutes of general meetings in apartment buildings", tried to protect citizens from raiding in the housing and communal services, but it turned out that the state machine hit them themselves. Because the residents do not have such a staff of lawyers as in the Criminal Code, such funds for experts, there is, after all, no complete unanimity. It is especially difficult for houses like the one on Cherepanova, 12: 670 apartments, over 1000 residents. Judging by a small verbal skirmish in front of the court, TSN is mainly opposed by older people. They are not always happy with the Criminal Code, but they believe that changes will only make things worse. For a younger generation.
The fact that Vika is supported by a very narrow circle is not true. I, as the eldest, handed out ballots in the entrance, this guy filled it out right in front of me, and now he assures that he didn’t do it?! - Tatyana Porseva is at a loss. - Are we ready to repeat the voting? We hope this is not required.
For those who are just thinking about creating a TSN, we advise you to carefully weigh your strengths, finances and the level of trust of the owners. There is no guarantee that the neighbors, whom you always politely greeted, will not lose their memory and conscience tomorrow, dear grandmothers will not change their mind, because they were promised to fix the tap. Capture every legally significant moment on a photo and video so that people do not have the opportunity to retract their words later. And most importantly - do not forget about the legal education of residents.
Do not expect concessions and do not treat TSN as a trial balloon: it will work out - good, it will not work out - well, okay. Housing and communal services is a business, and those who are already there will defend their market share in every possible way, treat those who are trying to create TSN as competitors. And consequently, to use all possibilities: legal, financial, influence on tenants. The business environment is very tough by nature, no one will give up a penny just like that.
Direct speech
Elena Malakhova, General Director of Verkh-Isetskaya Management Company:
I started working for the company in 2011, when the state of networks in Zarechny was close to emergency. Such large houses, as on Cherepanova, 12, do not fall into any major overhaul program - according to the year of construction. In addition, the law provides for at least three types of work. For 19 entrances, the amount is huge - this has never happened in Yekaterinburg!
Began to study the experience of colleagues. They found a way: to send for repairs the difference between what citizens pay for heat according to the standards, and the readings of the common house meter. Most houses agreed. Thus was born the formulation of an interest-free loan from the UK. According to the Housing Code, owners who disagreed with the repair had the opportunity to protest everything in court within six months. Nobody applied. And then it started: "We thought it was free." Show me the store where I can get pipes for free! In 2014, some owners demanded their money back for saving heat. And we've already paid off with the contractor! Plus, the laws have changed, the Criminal Code has lost the right to charge contributions for major repairs. Therefore, we put these amounts as reimbursement for the repair of common property. Agreed on the wording with GZhI.
When we talked to the tenants, the majority was against the HOA. According to statements - 300-400 people, more came to the meetings. After the court proceedings are over, we will initiate an extraordinary general meeting at Cherepanova, 12, where the owners will choose a competent council of the house, which, together with the specialists of the Criminal Code, will work in the interests of the residents. There is a task to enter the elevator replacement program, to deal with interpanel seams. We have no right to dictate to people who to vote for. If they again elect Dubova as chairman of the council at home - no question, we will cooperate, because constructive maintenance work apartment building does not involve emotions.
Meanwhile
As RG was told in the Office of the Prosecutor General's Office for the Ural Federal District, an audit was carried out in the wake of our publication in September. The actions of the management company "Verkh-Isetskaya" (setting the amounts for the replacement of risers as debts) were recognized as legal. But on February 6, 2017, four decisions to refuse to initiate criminal proceedings were canceled. Recall that a year ago, Victoria Dubova complained about what she believed to be illegal actions of the Criminal Code: hacking e-mail, posting leaflets against TSN and disseminating information discrediting her honor and dignity. The police did not see any signs of a crime at the time. Now there is a new check.
Failing to meet its capital and current repairs emergency housing, the state decided to transfer the crumbling housing stock to the responsibility of homeowners. In the early 1990s, tenants eagerly began to privatize housing, as owning real estate promises great life and legal prospects. You can register or not register certain relatives in your housing, you can give housing on the security of a loan or sell it, gaining significant cash. You can bequeath it to whomever you want, you can finally ensure a dignified old age and fading away, being alone.
But the clothes of rights are sewn on the lining of duties. In addition to the right to sell housing, you now have an inalienable obligation to keep it safe and sound, protecting the rights of other tenants. You can make redevelopment taking into account the norms of the law and the wishes of your neighbors. But as a homeowner, you can have a stable rental income from it.
These are the benefits of owning a home. There are also encumbrances. You have to pay real estate tax, which will increase every year, as is customary in the civilized world. And, in the end, you must manage the property that is outside your apartment, but without which there is no your comfort and well-being - that is, common house communications, technical rooms, walls and roof of the house, as well as the local area. If you don't take it upon yourself, someone else will take care of it, and yet trust in state and business structures close to them is steadily declining. Wealthy people, if they buy real estate, then outside Russia, in those countries where the legislation is on guard of the owner.
It is necessary to convey these facts to the consciousness of the owners of the premises. It is necessary, in any way, to encourage residents of municipal and departmental apartments to privatize housing. It is necessary to form a condominium, a closed habitat, where only the tenants manage, and no municipal structures. It is necessary to instill in people the psychology of the owner, to show that their responsibility is limited not front door apartments, but the front door of the house.
This is easiest to do in an old house (1960-1970s), inhabited by people of the same social stratum, preferably if the apartments in the house are not sold to strangers, and the residents have personally known each other for decades. We need a charismatic person (the initiator of the meeting, who then will definitely become the chairman of the HOA), preferably released. This may be a pensioner of the Ministry of Internal Affairs, the KGB or a professional builder. Personal qualities are of paramount importance.
1. Convey to the minds of people that as soon as you privatize the local area, then there will be no parking lots, barbecues, saunas or skyscrapers on it (without the consent of the residents). If the state needs to withdraw this land for its own needs (construction of the facilities for the summit in Vladivostok in 2012 or in Sochi for the 2014 Olympics), then the land will be purchased at the market, and not at cadastral value!
2. You yourself will be able to plan the use of common house premises and the adjacent territory to suit your needs.
3. You can make legal parking of personal vehicles right under the windows. You will provide land for garages, which then no one will touch!
4. You will be able to post outdoor advertising on the walls of the house, rent out the basement of shops (if any), attics, Technical buildings. The income from these transactions will first be used for major repairs (dampness and fungus in the entrance will be destroyed, boring elevator cabins will be replaced, the issue of an ever-leaking roof, with gusts of supply pipes and hot water shutdown for an indefinite period will be resolved forever), it may be handed over earth (according to market value) for small businesses, and the income will go to subsidies to residents to pay utility bills. Perhaps the rent will be canceled forever!
5. Tell people that the HOA will expand, taking control of neighboring houses, and the sooner management experience is gained, the easier it will be for the residents of this house to solve their problems, at least at the expense of newly attached houses. Make it clear that what is done voluntarily today will be enforced tomorrow.
6. Convince people that the larger the structure, the lower the unit cost of personnel. The more members of the HOA, the more contributions there will be, the stronger economically the HOA will be, the more global tasks it will be able to solve. Who did not have time - he was late and will always trail in the tail!
At least at the first stage, the impeccable honesty of the people elected to the board and the audit commission of the HOA is needed. Look for people who have personal and business connections with the City Administration, grow your staff. The longer and more successfully your chairman of the HOA the more experience he will have. Try to focus it on eternal work in this capacity, make it clear that the remuneration for work will be worthy.
The main thing to remember is that the HOA is not a momentary conjuncture, it is forever. As experience shows, the existing HOAs are not being liquidated, which means that the future belongs to them!
Alexander Grigoriev(TIN: 720304084519) is going to deceive his voters for the second time as a deputy of the Duma of Tyumen, and the owner of the Management Company "Universal". On June 3, the entrepreneur passed the primaries organized by the party's city organization "United Russia". He is going to run in 21 single-mandate constituencies of the city of Tyumen. Earlier, Grigoriev had already been elected a deputy of the Tyumen Duma in the fifth convocation of the city assembly in the same district. However, it is unlikely that Grigoriev's deputyship brought real benefit to the townspeople who voted for him.
Alexander Grigoriev
Campaign grid of Alexander Grigoriev
This issue should take into account professional specifics activities of Alexander Voldemarovich Grigoriev, which fits perfectly into the campaigning process. The thing is that Grigoriev is a 100% owner of an ordinary city management company. And this means that he has a ready-made campaign grid at hand. Moreover, almost all conscious life Grigoriev has worked in the housing and utilities sector, and is well versed in the intricacies of managing apartment buildings and the specifics of relationships with people. Alexander Grigoriev became the director and owner of Universal Management Company eight years ago, having gone from an ordinary plumber to the commercial director of the company in 2003. Having headed LLC MC Universal in 2010, he was almost immediately elected to the Tyumen Duma with the help of gullible voters and administrative resources.
To begin with, about the administrative resource. In any city or region, the housing and communal services industry is considered a strategic direction in the economy and people's livelihoods. What is very important for power. Therefore, any enterprise operating in this area is an important tool for the authorities not only in economic matters, but also politically important. It is no coincidence that Alexander Grigoriev, in addition to being the owner of the company, is also a member of the United Russia party, and in general a “valuable person for the city”. His value is partly due to the fact that he has a reliable propaganda tool in his hands, which he has successfully used already once, and is going to use again. And in this case, the party in power will get its own person in the City Duma, and will increase the percentage of its “success” in the elections, which will then make it possible to report to the party authorities. And in order for this to happen, both the ruling party and Grigoriev himself are going to use ordinary citizens whose homes are served by the company.
This is the same propaganda network. As a rule, it consists of ordinary employees of the "manager" - locksmiths, plumbers, foremen of operational sites. But the most valuable thing is the activists of house councils, the elders in the entrances and just active residents who expect to receive some preferences from the management company for their activity. At the same time, they are leaders of public opinion in their house, entrance, or landing. Preferences, as a rule, relate to issues of building management, repairs in entrances, etc. But it also happens that some particularly active citizen will have a loggia glazed for free, or the plumbing will be repaired.
“And some, especially trusted persons, have the authority to sign acceptance certificates for some home improvement work (for example, roof repairs). In this case, funds collected from residents, and especially confidant receives a bonus from the UK. Only the rest do not know about it, say, if the work was not completed in full, or not completed at all, ”the Charter said. no interlocutor from among the owners of the house, which serves the management company "Universal" Alexander Grigoriev.
Some of these people are engaged in campaigning on a professional basis. Since the management companies in the conditions constant competition for the right to manage the housing stock, they simply hire "special people" for money to campaign in their favor. All of them form the backbone of Alexander Grigoriev's campaign network.
"Fruits of Promotion"
Considering that the company currently manages 169 apartment buildings with a total area of 67,557,705 square meters, you can imagine what a huge propaganda force it is. However, any campaign has the opposite effect. Especially when you consider that most of the management companies in Tyumen, included in the list of the ten largest, can hardly be called conscientious companies providing housing and communal services. Management Company "Universal" takes the 8th place in this rating. Social media users are extremely negative about her. Maintenance of houses is accompanied by huge additional extortions in the form of illegal charges, a large number of accidents, and poor-quality work of employees. In 2016, Universal Management Company LLC topped the list of 20 debtors for consumed heat before heat supply organization"Heat of Tyumen". In 2017, the debt amounted to 58 million 013 thousand 979 rubles. In 2017, 14 apartment buildings refused the services of the company. Here are just a few reviews of consumers of the services of the Management Company "Universal", and by the way, voters of the city:
Owner Ilya: “In January 2018, a line appeared in the receipt for common house needs of 2000 rubles, supposedly a debt for 2015. How can there be a debt if I paid monthly for water for general needs of 17,18,12 and 5 cubic meters. None repair work they do not produce, it flows in the basement, the cold water and hot water risers constantly fail, flooding the lower floors.
GZhI closes his eyes as usual, (write we will answer). How much can you steal. Entrance and staircase in a terrible state. Olympiyskaya st., 12a.
Owner Lyubov: “February 12, 2018 at 13:10 Quality of service: “30 Years of Victory Street 115 And for water supply for general house needs, payment is regularly taken in the month of January as much as 375 rubles, and in the corridors and garbage chutes only posters are hung out to ensure the sanitary condition looked, and cleaning is not done for months. It doesn’t even sweep, let alone wash.”
Owner Alexander: “The company is very bad. I've been calling the department for accrual of housing and communal services for a whole week. Nobody picks up the phone. I decide to contact the housing inspectorate Tyumen region”, - homeowners report on the website of Universal Management Company LLC.
Meanwhile, the revenue of Alexander Grigoriev's company only for the last reporting year amounted to 339 million rubles. Its cost is 9 million 400 thousand rubles with the amount authorized capital 10 thousand. So it turns out that the candidate for the Duma of Tyumen, and the owner of the management company "Universal" Alexander Grigoriev is robbing consumers of the company's services, and is going to deceive his voters, as he already did during his first deputy term.
Initially, the issue of managing homeownership is handled by the developer.
He receives permission to put the house into operation, then within 5 days from that moment he, at his own discretion, chooses the Criminal Code, with which for 3 months.
At the same time, the local self-government, within 20 days from the moment the MKD is put into operation, notifies that the house is put up for an open tender for the selection of the management company. Within 40 days from the notification of the event, the local government must hold this competition and inform all equity holders about its results within 10 days from the date of its completion.
Management activities are assigned to or by the local government of the company, since not all apartments are occupied and there are few owners to vote for the Criminal Code.
Grounds for the competition
The first basis for holding an elective competition is the delivery of an apartment building for direct use or operation.
When the construction phase is completed, and the owners have received their documents and long-awaited keys, a certain period is allotted by law for the tenants to choose a method of management.
The second reason arises as a result of non-fulfillment of the will of the legislator. If within the allotted period of one month, the tenants still do not choose the method of management, the local administration takes this issue under control and helps the tenants decide on the method of management.
If the owners have refused the services of one management company, they will need a new organization serving common house property. Thus, the change in the management organization apartment building can also be considered a basis.
Reference! The law provides for situations when she herself breaks the contract. In this situation, it is also necessary to choose a new management company for the apartment building.
Competition rules
Regulatory acts
To get acquainted with the acts of your municipality, you should go to the website of the city administration.
In addition, when holding a competition, it is important to be guided by the articles of the Housing Code, as he says. The rules for holding a tender for the selection of a management company, adopted by Government Decree No. 75 of February 6, 2006, are the main source, in accordance with which the whole procedure takes place. Read in advance all the nuances prescribed in this act.
AT last years the legislative system of our country is being reformed more and more often, innovations have not bypassed the Housing Code. Some articles more fully reveal themselves in Federal Law No. 38 of April 5, 2013. The act refers to the changes that have been made to the Housing Code, and also provides some comments on the articles.
Members
On the one hand, the participants of the competition are electors, that is, the residents of the house and the local self-government body (SRO), and on the other hand, the applicant or applicants for the mandatory management of the entire house.
The number of applicants is not limited, the main thing is to familiarize tenants with their participation in the auction in advance.
Competition subject
The subject of the competition is the right to manage the house and common house property, which will be expressed in the conclusion of an agreement between the parties for a limited or unlimited period.
Also, the subject can be attributed to the funds that the management company will manage, providing reporting to residents.
subject of bargaining
The subject of the auction is payment for the activities of the management company, as well as its ability to manage property. So, if one management company has valued its services and work at a certain amount, another may lower the bar and thus be more interesting to the owners.
Reference: during the auction, management companies acquaint the owners with the results of their work on other sites, talk about possible prospects cooperation and program of action for the first time.
How is the winner determined?
If the initiators of the competition are the owners of an apartment building, then the winner is determined by voting.
The competition may be:
In both cases, the results obtained are summarized and a management company is appointed. But there is one "but".
If the sum of the votes cast for the winner still does not reach fifty percent, the company that received large quantity votes, no competition. Unanimity of owners required, which manifests itself in voting, where more than half of all votes are cast for one candidate.
All or more than two-thirds of all owners must be present during the competitive selection. In the absence of 2/3 of all residents of the house, the competition cannot be considered objective and the management company cannot be elected.
If the initiator of the competition is a local government, he himself appoints the management company or sums up his vote to the votes of residents.
Timing of selection
The management company must be elected within a month from the moment the house is put into operation. If this did not happen, the self-government body has the right to help the tenants make their choice for another month. Thus, the entire procedure for appointing a management company should not take more than two months.
Who has the right to initiate a tender?
Initiate a competition for the selection of a management company for an apartment building under the current Housing Code can only be:
- Residents who choose a management company immediately after the completion of the new building.
- Local self-government body - within a month, the administration should receive information about the organization serving the house. If this does not happen, the local self-government body independently initiates the election of a management company through a competition.
Herself the management company does not have the right to call tenants to meetings arrange meetings and sessions.
How to choose a management company for an apartment building?
All residents of the apartment building must be warned about the choice in advance, for this, the evening round of apartments is most suitable (when all residents return from work) or informing by phone / sms / announcement at the entrance to the house.
Application for participation
Applications for participation are submitted on behalf of the management companies. They must indicate the name of the Criminal Code, responsible person, the program under which cooperation should take place, conditions and contact information. You can accept an unlimited number of applications.
Notice
Notice of the competition for selection managing organization should meet a number of rules, and first of all - be available to every owner.
Here main ways to notify owners:
- personal notification of each owner by visiting the housing;
- publication of information about the meeting in local media;
- publication on the website of the local government;
- notification by invitation to the mailbox;
- placement of information on stands in each entrance;
- call each owner.
Voting procedure when choosing a management company
First of all, it is necessary that the owners familiarize themselves with all applicants for the position of the management company even before the start of voting.
For this the time and date of the meeting is determined, and the information is posted on a common stand to which all owners have access. It is also possible to personally invite each owner to the meeting.
Without exception, all management companies can acquaint the owners with the terms of their cooperation through personal communication, distribution of leaflets, publication of articles on Internet resources.
On the day of the competitive selection, representatives of management companies, as well as most of the residents of the house, should appear. Representatives of organizations once again acquaint tenants with their conditions, offering certain clauses in the contract. Then voting begins, which can be either open or closed.
If the initiator of the open competition for the selection of the managing organization is the body of the municipality, then information about the meeting must also be conveyed to the owners, but the meeting will also require the presence of representatives of local governments.
Important! In the absence of unanimity in the vote, it is the representative of the local government that appoints the PC.
Opening of envelopes and consideration of applications
Applications are considered carefully and discussed directly at the meeting. From them, a list of the most worthy and credible candidates is formed, from which the winner is selected.
The moment of opening the envelopes with bids is recorded in the minutes of the meeting. Owners can ask questions to representatives, trying to get the most complete information.
Conducting a competition and summarizing its results
A competition for the selection of a managing organization for an apartment building is held immediately at the meeting, after all candidates have been presented.
When all the votes are recorded in the minutes, the result is announced. If the voting took place in the ballot format, the papers are not thrown away, but remain, in order to confirm the legitimacy of the victory of one or another management company, if necessary.
When the winner is announced, they discuss the prospects for a future contract with him, draw up a document and sign it. The rest of the nominees who did not get the required votes leave the meeting.
Sample minutes of the general meeting
Examples of drawing up the minutes of the general meeting at the choice of the management company are presented below.
How does the administration choose the UK?
Reference: if the tenants themselves did not elect a management company within the specified period (one month), then the selection and appointment of the manager is entrusted to the district administration.
In this case, the specialists appoint a competition among the management companies (both parties, the owners of the apartment building and all managing organizations that can participate in it, are required to be notified of the competition).
Actions of the administration in this process:
The developer can conclude a house management agreement with the management company no later than five days after the apartment building is put into operation. Residents of the house have the right within a month after putting the house into operation or leave the same company.
Conclusion of an agreement for the management of an apartment building
The final stage of the competition is. As a rule, it is drawn up in the presence of representatives of the owners and the management company.
Once again, all the details, the term of interaction, possible reasons for terminating the contract are discussed. After that, the contract is certified by a notary and signed by the parties.
The contract is signed in duplicate- one will be kept in the management company, the other - with the representative of the owners.
Residents can write down their wishes for property management, but be sure to coordinate this with a representative of the organization. As soon as the contract is signed, the management company can begin its direct duties.
What are the violations?
Violations of the choice of the Criminal Code are associated with the election process itself:
Any violation of the selection process entails not only the dissatisfaction of the tenants of the selected management company, but also jeopardizes the financial side of cooperation.
To appeal the identified violations, apartment owners do the following::
- a statement about the discovery of a violation;
- collect signatures from residents on consent and participation in the accusatory process;
- collect the necessary evidence. This may be a video of the voting process, ballots, violations in the work of the management company, etc.
Persons who find violations should contact the prosecutor's office or the district court.
The competition for the selection of a managing organization for an apartment building is not as complicated as it might seem at first glance. Remember your rights as an owner, and then no one can infringe on them.
If you find an error, please highlight a piece of text and click Ctrl+Enter.