How to rent a residential building for maintenance. The management company does not accept the house for maintenance
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The management company OJSC Domuprav, in which we are a member, refuses to enter into an agreement with our house for new term service. Based on the Law of the Housing Code, Article 161. Although, every year they put up advertisements that if a service agreement has not been concluded with anyone, then contact them. The deadline expires on 06/01/2010. Explaining this by the fact that there are only eight apartments in our building and it is not profitable for them to serve us, because... Few funds are transferred according to tariffs for repairs.
We were told that by order of the mayor of the city, such two-story old houses as ours should be “REFUSED” and they propose to create a self-government partnership. But the house was built 50 years ago. During this time there was not one overhaul and replacement of pipes. The risers are all rusty, there are clamps on them, the sewerage is wrapped with simple electrical tape. And they want to leave all this on the shoulders of the pensioners’ residents, in which three WWII participants live (although a WWII assistance program has been launched, but here it’s the other way around). There is no one to take care of self-government, since all the residents are pensioners. And another management company refuses to take our house for maintenance due to the dilapidation of the house.
We still do not understand on what basis the order of the city mayor “On refusal of servicing of two-story houses” was issued.
Tell us what we should do in such a difficult situation. Thank you.
Lawyers' answers
Hello Svetlana.
In accordance with Part 2 of Article 161 of the Housing Code of the Russian Federation, owners of premises in an apartment building are required to choose one of the methods of managing an apartment building:
1) direct management of the owners of premises in an apartment building;
2) management of a homeowners’ association or housing cooperative or other specialized consumer cooperative;
3) management of the management organization.
Also, paragraph 3 of the Decree of the Government of the Russian Federation of February 6, 2006 N 75 “On the procedure for carrying out local government open competition for the selection of a management organization for the management of an apartment building" Obliges local government bodies to hold a competition for the selection of management of an apartment building: The competition is held if:
1) the owners of premises in an apartment building have not chosen the method of managing this building, including in the following cases:
the owners of premises in an apartment building did not hold a general meeting on the issue of choosing a method of managing an apartment building or a decision on choosing a method of managing an apartment building was not made;
after 2 months after the entry into force of a court decision declaring invalid the general meeting of owners of premises in an apartment building on the issue of choosing a method of managing an apartment building, a repeat general meeting was not held or a decision on choosing a method of managing an apartment building was not made;
2) the decision made by the owners of premises in an apartment building to choose a method of managing the house has not been implemented, including in the following cases:
the majority of owners of premises in an apartment building have not concluded agreements provided for in Article 164 Housing Code Russian Federation;
the owners of premises in an apartment building did not send to the authorized federal executive body the documents necessary for state registration homeowners' associations or housing cooperatives or other specialized consumer cooperatives;
management agreements for an apartment building, as provided for in Article 162 of the Housing Code of the Russian Federation, have not been concluded;
3) before the expiration of the contract for the management of an apartment building, concluded as a result of a competition, the method of managing this house has not been chosen or if decision the choice of how to manage this house was not implemented.
You can go to court and oblige local governments to choose a criminal code. Part 7 of Article 161 of the Housing Code of the Russian Federation
Therefore, this order directly contradicts the above norms; you should go to court to have this recognized normative act contrary to the provisions of the law, in particular: the Housing Code of the Russian Federation; Decree of the Government of the Russian Federation of February 6, 2006 N 75 “On the procedure for holding an open competition by a local government body for the selection of a management organization to manage an apartment building.”
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A management company is an organization (legal entity or entrepreneur) that provides management apartment buildings. There are several types of management companies:
- managers themselves (only manage);
- operational (provide proper technical and sanitary conditions, utilities);
- hybrid (they manage and maintain themselves, they do not need third parties).
Regardless of the type of company, management companies themselves or through other organizations must ensure uninterrupted operational and repair activities (supplying apartment buildings with energy resources, preparing for the heating season, etc.), as well as organizational activities (working with accounts and documents, responding to complaints and applications from owners etc.).
Recruitment of personnel and equipment of premises
- and other management personnel. He must be a master of his craft, well versed in everything related to the operation of buildings.
- Other personnel. Its backbone should also be made up of certified specialists (this does not apply to technical personnel - janitors, for example).
24-hour shift work of operators should be established. This is necessary in order to react quickly if there is a call from a resident indicating a breakdown in one of the communication systems. Therefore, in addition to office premises with office equipment, you need to set up a control room, carry out telephone line. You will also need equipment Consumables.
What else is needed to open an organization?
Among other things, you will need a clean criminal record.. Strange as it may seem. Moreover, the severity, as such, essentially does not even matter. Companies whose employees were convicted of an economic crime, or just had a temporary ban on economic activity(Administrative Code), they will not be allowed to manage residential buildings.
How to organize the adoption of the MKD?
Important! First of all, you will have to enlist the support of the residents and hold propaganda conversations with them for this purpose. Nothing will give you a start like good reputation— residents must make sure that they are not mistaken in trusting you, that you will be able to competently manage and resolve conflict situations.
The question of choosing (as well as about) a management company is approved at general meeting residents of the house. The question of how the company will manage the houses, how often meetings will be held and in what form (in person or in absentia) will be decided.
The latter means that owners will be asked to fill out special ballots. It is also stated technical documentation.
Conclusion of contracts
In accordance with the Housing Code (.
Is it profitable?
Reference! The percentage of profitability of business in the housing and communal services sector, unfortunately, does not exceed 10, according to analysts' estimates.
This happens because tariffs are low due to the low salaries of most residential owners. And these tariffs are set by the state. Housing and communal services can increase their profits by increasing only those tariffs that the law does not limit in any way. Also the company can enrich itself by:
The video provides information on how the management company makes money:
Business in the field of housing and communal services is not an easy matter and, frankly, not the most profitable, although there are almost no competitors. And, as in any business, there is no one warrior in the field. You will need to find the right people and think about everything again - whether such a business will be feasible, only then talk about registration.
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Let us recall that there are three forms of house management: direct management by the owners (if there are no more than 30 apartments), management by a homeowners’ association or housing cooperative, and with the help of a management organization. It is clear that residents of small two-entrance buildings have full choice. According to the leaders of the Criminal Code, they are the ones with the most headaches, since many of these houses were built by captured Germans and have long been “breathing their last breath.” In addition, the majority of residents of crumbling shacks are low-income or asocial citizens.
There are, however, relatively new people with small apartments - they, as a rule, refuse the services of a management company, preferring to run their household themselves, without unnecessary overpayments to a “third-party guy”. " Our house was built in the early 2000s, says Ivanovka Evgenia Golikova. - For a long time we had direct management, which was completely satisfactory. And recently the administration presented us with a fact: choose a management company or create an HOA. Now, it turns out, direct management can only be in buildings with no more than 30 apartments, and we have a couple more... We had to create an HOA.”
Evgenia is lucky with both her house and her neighbors, who take an active position in maintenance and improvement. There are practically no disagreements: the roof was leaking - they chipped in, found a contractor for a reasonable price and did it. They also painted the entrances and even concreted the path to the house. Now the residents want to replace the windows in the entrances. " We have no reports, everyone knows and trusts each other, says Evgeniya. - And the management company has neither transparency, nor adequate prices, nor interest in the quality of work.”
If you find an altruist, you will be happy
Direct management means that the maintenance of the house is entirely the responsibility of all residents. They independently enter into contracts with organizations for hot and cold water supply, heat, gas, and electricity services. In addition, they are free to choose: who will repair what and under what conditions (contracts are concluded as per individual works for home maintenance, and the entire spectrum at once - with any organization or individual). In general, if something breaks, you will have to do everything yourself or with the involvement of third-party specialists at your own expense.
In relations with third parties, one of the owners (most often, the eldest in the house) has the right to act on behalf of all residents. An outsider who is not the owner of the house can also represent the interests of the residents, but to do this, the absolute majority of owners must authorize him with their powers of attorney. It is worth considering that these duties cannot be officially paid. This is the main advantage direct control- no costs for maintaining the HOA staff or associated with the involvement of a management company.
However, this is the main drawback of this type of management, especially if there are enough people living in the house. a large number of residents. After all, the larger the house, the more problems may arise with its management and disagreements between residents. But finding a manager who, on his own initiative, would solve a lot of issues for free is quite difficult. Thus, the choice of direct control is optimal in small houses.
The roof is leaking - ask your neighbors for money
By paying utility bills directly to resource-supplying organizations, residents are responsible only for themselves and cannot suffer through the fault of their management companies because of their debts. If, for example, one apartment does not pay for water, the demand will only be from these residents. Their housemates will not suffer in any way (non-payments are not included in the ODN).
As already noted, there is no need to spend money on maintaining the staff of the management organization, and there is no need to wait for years for the necessary work to maintain the common property of the house.
All actions related to improving life are entirely voluntary. So, if the residents of the house decide to install video intercoms, build a playground, lay asphalt, but several people refuse to hand over the money, it will be impossible to force them. This means that the fee for this type work from other residents will increase.
The most common problem is quality utilities. Resource providers do not maintain or repair home plumbing systems. And if the residents of the upper floors do not receive water, then they will have to complain not to Vodokanal, not to the management company, but to bow to their neighbors and persuade them to “chip in” for the necessary repairs of the in-house networks.
Another disadvantage of direct management is the lack of opportunity to participate in government programs. Such houses are considered almost written off from the balance sheet of the municipality, because residents voluntarily accepted all future and current expenses. Therefore, the possibility of receiving municipal or federal assistance is excluded. That is, a ramp or a playground is needed - residents will implement this with their savings and efforts. Moreover, if any norm is violated during the construction of the structure, all owners will be responsible for the consequences.
House management costs will be covered by energy savings
In a certain sense, a self-governing house can also be an object belonging to an HOA. The main thing is that it has an adequate, competent and honest chairman. The staff of the HOA is mainly made up of a couple of people who do not overly burden the residents of, say, a hundred-apartment building with their salaries, but relieve the owners themselves of all worries about solving pressing problems.
« HOA does not operate for profit, - explains the head of the “Quality” group Everyday life» regional Popular Front Svetlana Mezhiritskaya. - U non-profit organization this is not provided for in the charter. The optimal area of the house, at which it is not burdensome to maintain an HOA, in my opinion, is 40 thousand square meters.” However, there are examples where even five times smaller houses with management efficiency not only cover the costs of paying for the maintenance of the HOA staff, but also provide significant savings for residents on utility bills, introducing energy-saving technologies.
There is a myth that everything in the housing and communal services sector is collapsing and everyone is poor. There are enterprises whose experience shows that in the housing and communal services sector you can make good money and demonstrate excellent results of successful management.
In St. Petersburg there are about 20 management companies engaged in public services of houses, in particular STAKS, ANO MSR, ORGTEKHREMSTROY (a subsidiary of LenspetsSMU), PROXY, etc.
Now the possible scope for activity is 2 thousand houses of HOAs and housing cooperatives, that is, 14% of the total number of residential buildings in St. Petersburg.
“Now it is very difficult to compete in this market. So, if state enterprises who are financed from the budget receive 5 rubles. 90 kopecks with 1 m2 of serviced area, then private only 1 rub. 87 kopecks, - says CEO management company "STAX" Evgeniy Purgin. - However, with the transfer of houses from maintenance by state-owned enterprises to private hands, which is scheduled for the beginning of 2005, the number of companies should increase. According to experts, St. Petersburg needs at least 200 management companies.”
Step 1. Registration
A utility company can register as an LLC or CJSC. In this type of business you will have to obtain many licenses. This is a troublesome and time consuming task. It takes about six months to obtain licenses. One of the most difficult to obtain is a waste removal license. Companies say that it takes more than a year to reissue a license alone.
“We have been providing comprehensive public services since 1997,” says Evgeniy Purgin, general director of the Stax management company. – We currently serve 100 residential buildings. This is 1/20 of the market. In addition to residential buildings, we service police department facilities, supermarkets, shops, restaurants, etc.”
Step 2. Room
To organize a control room and staff premises, it is necessary to find premises. At first, a room with an area of about 40 m2 will be suitable. This could be a stroller room in houses or other similar premises. You can focus on a fee of $5 per month for 1 m2. An accountant can. Then, when the company expands and takes on maintenance of houses in different areas, it will be necessary to organize sites closer to the service facilities.
“We started working with 4 houses and quickly gained a sufficient number of clients,” says Evgeny Purgin. - Now we have organized sites in the Krasnogvardeysky, Frunzensky, Kirovsky districts. The central dispatch service is based on Vasilyevsky Island. Mobile teams have also been created to service scattered objects in different parts of the city.”
Step 3. Costs
To organize a business, you need from $70-200 thousand, which will have to be invested within 6 months -1 year. The main costs are wages, the purchase of inventory and office equipment, and rent of premises.
Equipment for janitors - rags, broom, mowers, shovels. For plumbing – keys, power tools. You need at least $2 thousand for inventory. At first, you can find workers with their own equipment.
“If you invested $70 thousand and took about 10 houses for maintenance, then the investment will pay off in about 1 year. The profit will be approximately 5% of revenue. If you service 100 thousand m2, then after paying taxes, etc., 10-15 thousand rubles will remain. Thus, in order to increase profits, you need to gain more,” says Evgeny Purgin.
Evgeny Purgin says that it is profitable to maintain housing stock with an area of at least 200 thousand m2. or approximately 40 hundred-apartment buildings.
Step 4. Staff
The main thing in this type of business is personnel. Staff salaries require at least $4 thousand per month. "Definitely needed good engineer, best specialist from the housing system. Because the specifics are different for residential buildings and manufacturing enterprises, says Evgeny Purgin. “Often the owner himself has solid experience in this area and works as a director and engineer himself.”
If the company will only engage in maintenance, then plumbers, electricians, carpenters, etc. are needed. In St. Petersburg, there is a shortage of qualified personnel in this area.
To organize a 24-hour dispatch service, 4 dispatchers are needed. But you can go the other way and not create an emergency service. In this case, clients enter into an agreement with some other emergency service. “But, as a rule, such a combination is when one organization provides emergency work, and the other Maintenance doesn't work very well. Disputes arise from time to time - emergency workers arrive, they can’t open the door, they break it, etc. It's complicated. It’s better for one organization to do all this,” says Evgeniy Purgin.
Step 5. Clients
To increase the scale of the company, it is necessary to organize a service that will search for clients.
“You need to be able to negotiate with the chairmen of housing cooperatives and homeowners associations. Working with such clients has its own specifics, says Evgeny Purgin. - Often the chairpersons are not specialists in the housing sector. As a rule, chairmen are pensioners and older people. A burnt-out light bulb is sometimes more important to them than faulty wiring, which can cause a fire throughout the house. They are afraid for their place and do not want to delve into problems. But if they announce to their residents that they need to raise money to replace the wiring or some other work, then they will be pushed out of their place. This is the complexity of our market.”
Costs of creating a management company for servicing residential buildings
Registration, obtaining licenses, etc. – from $2 thousand.
Salary – about $50 thousand.
Inventory – from $2 thousand.
Room rental - $200 per month.