Direct management of an apartment building in the city. Ways to manage an apartment building

There are several forms of management of apartment buildings. Among them, direct management of an apartment building stands out.

Today, a lot of organizations related to housing issues are campaigning for residents to switch to such a form.

Pros and cons

Each form has its pros and cons. The essence of this form is as follows: management is carried out by the initiative owners living in this house.

They will do all the work themselves and free of charge. There is a flaw in this argument. In large houses, disagreements may arise between the owners, which will cause many additional problems. This method is best used in small apartment buildings.

While campaigning at NU, management companies do not show the disadvantages of this form. The entire initiative for the transition to the method of direct management must be submitted by the tenants. Management companies, as it were, have nothing to do with this form.

Organizations engaged in campaigning must sign an agreement. According to the contract, any work and responsibility relies on the organization. The contractor has nothing to do with it.

In order for the contractor to perform some work, it is necessary to go to court. In this case, the owner will pay the fines. Residents are deprived of the opportunity to check the terms of the contract. Management companies are not controlled.

Repair or preparatory work will be carried out by the contractor only for the amount collected. In this case, the contractor is obliged to conclude an agreement with the owners of the house, including all without exception.

There are advantages to this type of government. The biggest plus is that each tenant is responsible only for himself.

Residents of the premises do not have complete information about this form of house government. Therefore, when switching to NU, you need to consider the pros and cons of this form.

Direct control

The form of direct management provides for the independent management of the owners of the premises. They perform management functions on a voluntary basis. Therefore, from the financial point of view, this method does not require high costs. The collected money is used for management. Residents are responsible for other expenses.

The form of direct control does not receive funds from the budget. Settlement accounts are not used, there is no person who would keep a record of spending budget funds.

From the legal side this way management is protected in the presence of an agreement, which is concluded with contractors. It is these organizations that should provide repair services.

If the contract does not exist, then the implementation of the guidance of the selected method has not occurred. Then the house is put up for a competition in which house management organizations take part.

The direct form of government has its own body. The public meeting of the tenants of the premises is the governing body. Meetings decide on repair work, property and utilities.

Providing housing services the owners of the premises, after the meeting, sign contracts with persons performing repair work and providing services for the maintenance of the entire property.

The contract is concluded in the presence of two parties:

  1. home owners;
  2. Housing service providers.

If the owners of the premises choose one authorized person, it can conclude contracts on behalf of all residents. Before Conclusion contractual relations the owners draw up an action plan that contains items for the repair and maintenance of the property. In addition, a contractor is selected, with which a contract is concluded after the resolution of the main issues.

The owners of the premises pay for utilities on their own in accordance with the drawn up agreements on tariffs, which are established by the authorities of the state and local orders.

Step-by-step management of an apartment building

  1. Create a group of initiators

The first and main moment of the beginning of an important business is the selection of initiators. These should be people who tend to one thought.

Therefore, when switching to the method of direct management, it is necessary to find like-minded residents who can carry out organizational issues.

The first task of the group is to compile a list of homeowners and provide information. You need to list all the benefits. this department and get more tenants.

The second task is to inform the residents of the premises about the meeting that needs to be held. It is desirable to carry out this work through the writing of letters with the exact date and place where the meeting will be held.

  1. Holding a meeting

To select this control method, you need to hold a general meeting. The approved decision must be respected and maintained by the owners. Meetings are held in person or in absentia.

For the face-to-face form, a room is selected in advance. You must first agree on the chosen place with the management of the premises.

In this scenario, it is better to conduct an absentee meeting. In this regard, a survey is being prepared. Participants of the meeting convey their thoughts in writing.

More than half of the owners must take part in the meeting, then, in accordance with Article 45 of the Housing Code of the Russian Federation, it will be valid. The number of votes is calculated according to the size of the owner's living space.

The meeting should ask the following questions:

  1. Transition to the method of direct control of the house, decision making;
  2. Election of a representative from the owners responsible for the interests of residents;
  3. Conclusion of contracts with management companies.

Representatives from the local administration must be present at the meeting.

  1. Choosing Home Service Organizations

The conclusion of contracts takes place with each owner of the premises separately. If this assignment has been submitted trustee, it carries out the conclusion of contracts independently.

Minutes of the meeting of the transition to the form of direct control

After the meeting, it is necessary to draw up a protocol with the signatures of the members of the house committee.

The protocol must contain the following information:

  • On the election of the chairman and secretary;
  • About the choice of the form of management;
  • On the choice of organizations that will carry out repair work;
  • The decision to transfer owners to the settlement method for utilities;
  • Location of the protocol.

The protocol is signed within 10 days after the meeting. Information on voting and resolution of all issues is entered into the protocol. The protocol is kept by a trusted person.

Subject to all the rules by the owners of the premises, this method of management should have a good result.

Federal law extends entry into force

1. The management of an apartment building must ensure favorable and safe living conditions for citizens, the proper maintenance of common property in an apartment building, the resolution of issues related to the use of this property, as well as the provision of public services to citizens living in such a house, or in cases provided for in Article 157.2 of this Code, constant readiness of engineering communications and other equipment, which are part of the common property of the owners of premises in an apartment building, for the provision of public services (hereinafter referred to as ensuring the readiness of engineering systems). Government Russian Federation establishes standards and rules for the management of apartment buildings.

Information about changes:

The provisions of Article 161 of this Code (as amended by Federal Law No. 59-FZ of April 3, 2018) apply to relations arising from contracts for the management of an apartment building concluded prior to the date of entry into force of the said Federal Law

2.2. When managing an apartment building by an association of homeowners or a housing cooperative or other specialized consumer cooperative, the said partnership or cooperative shall be responsible for the maintenance of the common property in this house in accordance with the requirements technical regulations and the rules established by the Government of the Russian Federation, the rules of Article 157.2 of this Code, for ensuring the readiness of engineering systems. The specified partnership or cooperative may provide services and (or) carry out work on the maintenance and repair of common property in an apartment building on its own or engage, on the basis of contracts, persons engaged in relevant activities. When concluding an agreement on the management of an apartment building with a managing organization, the said partnership or cooperative shall exercise control over the fulfillment by the managing organization of obligations under such an agreement, including the provision of all services and (or) the performance of work that ensures the proper maintenance of common property in this house, the provision of utilities services, depending on the level of improvement of this house, the quality of which must comply with the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings.

Information about changes:

Part 2.3 changed from April 3, 2018 - Federal Law of April 3, 2018 N 59-FZ

The provisions of Article 161 of this Code (as amended by Federal Law No. 59-FZ of April 3, 2018) apply to relations arising from contracts for the management of an apartment building concluded prior to the date of entry into force of the said Federal Law

2.3. When managing an apartment building by a managing organization, it is responsible to the owners of premises in an apartment building for the provision of all services and (or) performance of work that ensures the proper maintenance of the common property in this house and the quality of which must comply with the requirements of technical regulations and the maintenance rules established by the Government of the Russian Federation common property in an apartment building, for the provision of public services depending on the level of improvement of this building, the quality of which must comply with the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings, or in cases provided for in Article 157.2 of this Code, for ensuring the readiness of engineering systems.

3. The method of managing an apartment building is chosen at a general meeting of owners of premises in an apartment building and can be chosen and changed at any time based on its decision. The decision of the general meeting on the choice of management method is binding on all owners of premises in an apartment building.

Information about changes:

Article 161 was supplemented by part 3.1 from January 11, 2018 - Federal Law

3.1. Upon termination of management of an apartment building by a homeowners association, housing or housing-construction cooperative, other specialized consumer cooperative, the said partnership, cooperative, within three working days from the date of the decision of the general meeting of owners of premises in an apartment building to change the method of managing such a house, must transfer technical documentation to an apartment building and other documents related to the management of such a building, keys to premises that are part of the common property of the owners of premises in an apartment building, electronic access codes to equipment that is part of the common property of owners of premises in an apartment building, and others technical means and equipment needed to operate apartment building and its management, to the person who has assumed the obligation to manage the apartment building, or in the case of choosing the direct method of managing the apartment building, to the owner of the premises in the apartment building, specified in the decision of the general meeting of owners of premises in the apartment building on choosing the direct method of managing the apartment building, or, if such owner is not specified, to any owner of premises in such an apartment building.

4. Organ local government in the manner established by the Government of the Russian Federation, holds an open competition for the selection managing organization in the cases specified in part 13 of this article and part 5 of article 200 of this Code, as well as in the event that within six months before the day of the said tender, the owners of premises in an apartment building do not choose a way to manage this house or if decision about the choice of how to manage this house has not been implemented. An open tender is also held if, before the expiration of the contract for managing an apartment building concluded on the basis of the results open competition, the method of managing this house has not been selected, or if the decision made on choosing the method of managing this house has not been implemented.

4.1. Information on holding an open tender for the selection of a managing organization is posted on the official website of the Russian Federation in the information and telecommunication network "Internet" for posting information about the auction (hereinafter referred to as the official website on the Internet). The Government of the Russian Federation determines the official site on the Internet and the body authorized to maintain it. Until the Government of the Russian Federation determines the official site on the Internet, a notice of an open tender is posted on the official website of the municipality on the Internet information and telecommunication network, and is also published in the official printed edition, designed to publish information on the placement of orders for municipal needs. Information about the said competition should be available for review to all interested parties without charging a fee. Information on the results of an open competition is posted on the website in the information and telecommunications network "Internet", on which information about its holding was posted, no later than three days from the date of determining such results, and is also published in the official print publication in which information about its implementation.

5. The local self-government body, within ten days from the date of the open tender provided for by paragraph 4 of this article, notifies all owners of premises in an apartment building about the results of this tender and about the terms of the contract for managing this house. The owners of premises in an apartment building are obliged to conclude a management agreement for this building with a managing organization selected based on the results of the open tender provided for by Part 4 of this Article, in the manner prescribed by Article 445 Civil Code Russian Federation.

6. Not later than one month before the expiration of the term of the contract for managing an apartment building specified in paragraph 5 of this article, the local government convenes a meeting of owners of premises in this house to decide on the choice of a method for managing this house, if such a decision has not been previously made in accordance with with part 3 of this article.

7. Any owner of premises in an apartment building may apply to the court with a request to oblige local governments to select a management organization in accordance with the provisions of part 4 of this article.

8.1. It is not allowed to conclude an agreement on the management of an apartment building based on the results of an open tender or if the specified tender is declared invalid, earlier than ten days from the date of posting information about the results of the specified tender on the official website on the Internet. This requirement does not apply until the Government of the Russian Federation determines the official site on the Internet.

9. An apartment building can be managed by only one managing organization.

The provisions of Article 161 of this Code (as amended by Federal Law No. 59-FZ of April 3, 2018) apply to relations arising from contracts for the management of an apartment building concluded prior to the date of entry into force of the said Federal Law

11. In the case provided for by Article 157.2 of this Code, the managing organization, a homeowners' association or a housing cooperative or other specialized consumer cooperative managing an apartment building, in the manner established by the Government of the Russian Federation, are obliged to:

1) provide resource-supplying organizations, a regional operator for the treatment of municipal solid waste with the information necessary for calculating fees for utilities, including on the readings of individual metering devices (when such readings are provided by the owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or contracts for the lease of residential premises of the state or municipal housing stock in this house to a managing organization, a homeowners association or a housing cooperative or other specialized consumer cooperative) and collective (common house) metering devices installed in an apartment building;

2) to control the quality of communal resources and the continuity of their supply to the boundaries of common property in an apartment building;

3) accept from the owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or contracts for the rental of residential premises of state or municipal housing stock in this house complaints about violations of the requirements for the quality of public services and (or) the continuity of the provision of such services, violations in the calculation the amount of payment for utilities and interact with resource-supplying organizations and the regional operator for the treatment of municipal solid waste when considering these applications, verifying the facts set forth in them, eliminating identified violations and sending information on the results of consideration of applications in the manner established by the Government of the Russian Federation;

4) provide resource-supplying organizations with access to common property in an apartment building in order to suspend or restrict the provision of utility services to owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or rental agreements for residential premises of state or municipal housing stock in this house or by agreement with resource-supplying organizations to suspend or restrict the provision of utility services to owners of premises in an apartment building and tenants of residential premises under social rental contracts or contracts for the rental of residential premises of state or municipal housing stock in this house.

11.1. With the direct management of an apartment building by the owners of premises in an apartment building, a municipal solid waste management service is provided to owners and users of premises in this building by a regional operator for municipal solid waste management.

Information about changes:

Part 12 changed from April 3, 2018 - Federal Law of April 3, 2018 N 59-FZ

The provisions of Article 161 of this Code (as amended by Federal Law No. 59-FZ of April 3, 2018) apply to relations arising from contracts for the management of an apartment building concluded prior to the date of entry into force of the said Federal Law

12. Management organizations, associations of homeowners or housing cooperatives or other specialized consumer cooperatives that manage multi-apartment buildings are not entitled to refuse to conclude contracts in accordance with the rules specified in paragraph 1 of Article 157 of this Code, including in relation to communal resources consumed when maintaining common property in an apartment building, with resource supply organizations that provide cold and hot water supply, sanitation, electricity, gas supply (including domestic gas supplies in cylinders), heating (heat supply, including supplies solid fuel in the presence of stove heating), and a regional operator for the treatment of municipal solid waste, except for the cases provided for in part 4 of this article, an open tender. Within ten days from the date of the open tender, the local self-government body notifies all persons who have accepted from the developer (the person providing the construction of an apartment building) after issuing him a permit to put the apartment building into operation of the premises in this house according to the deed of transfer or other transfer document, on the results of an open tender and on the terms of the contract for managing this house. These persons are required to conclude a management agreement for this house with a management organization selected based on the results of an open tender. If within two months from the date of the open tender, the owners have not concluded a management agreement with the managing organization, such an agreement is considered concluded on the terms determined by the open tender.

14. Prior to the conclusion of an agreement on the management of an apartment building between the person specified in clause 6 of part 2 of Article 153 of this Code and the managing organization selected based on the results of an open tender, the management of the apartment building is carried out by the managing organization, with which the developer must conclude an agreement on the management of an apartment building not later than five days from the date of receipt of permission to commission an apartment building.

Information about changes:

Federal Law No. 217-FZ of July 21, 2014 supplemented Article 161 of this Code with Part 14.1

14.1. In case of termination of the use of the building as a rental house, the owner, who owns all the premises in the apartment building, makes decisions on issues related to the management of the apartment building, in the manner prescribed by paragraph 7 of Article 46 of this Code. In the event of the sale or otherwise alienation of the first premises in this multi-apartment building, the owners of the premises in this multi-apartment building, within one year from the date of sale or otherwise alienation of the first premises in this multi-apartment building, must choose such owners at a general meeting and implement a method for managing this apartment building .

Information about changes:

Federal Law No. 123-FZ of June 4, 2011 supplemented Article 161 of this Code with Part 15

15. The organization that supplies the resources necessary for the provision of public services is responsible for the supply of these resources of adequate quality to the boundaries of the common property in an apartment building and the boundaries of the external engineering and technical support networks of this house, unless otherwise established by an agreement with such an organization.

Article 161 was supplemented by part 17 from January 12, 2019 - Federal Law of December 31, 2017 N 485-FZ

17. Management of an apartment building, in respect of which the owners of premises in an apartment building have not chosen the method of managing such a house in the manner prescribed by this Code, or the chosen method of management has not been implemented, the managing organization has not been determined, including due to the recognition of an open tender for selection as invalid management organization conducted by a local government body in accordance with this Code is carried out by a management organization licensed to carry out entrepreneurial activity for the management of apartment buildings, determined by the decision of the local government in the manner and on the terms established by the Government of the Russian Federation. Such a managing organization carries out activities for managing an apartment building until the owners of premises in an apartment building choose a way to manage an apartment building or until an agreement on managing an apartment building is concluded with a management organization determined by the owners of premises in an apartment building or based on the results of an open tender provided for in paragraph 4 of this article, but no more than one year.

Any entrance with all its non-residential premises and the local area needs the same care as the apartments that are located in it. The law provides for three forms of management of an apartment building. Apartment owners must decide for themselves which form is most convenient for them.

Who appoints the CC

If the residents of the house leave the issue open, the local authorities will put the management company in charge. The new Criminal Code may not suit the residents, so it is better to take the initiative into your own hands.

Each of the forms has its own characteristics in the organization of work, and, consequently, its own advantages and disadvantages. But in each case, residents have the right to demand that all engineering systems in the houses function, supply utility resources and comply with sanitary and epidemiological standards, as well as the information transparency of the companies.

Forms of management of an apartment building:

  • Direct management of the owners of premises in an apartment building;
  • HOA, TSN;
  • Management Company.

Let's take a look at each method specifically.

housing code, namely, Article 161 suggests the first version of the form of government in the event that the number of apartments in the entrance does not exceed 30.

This is a convenient and quite economical way. After all, homeowners will not have to bear additional contributions for the maintenance of full-time employees.

At the same time, homeowners must understand that they are fully responsible for the maintenance of common property, including financial responsibility. At the same time, if the house needs major repairs, this is also the concern of the residents.

It must also be remembered that among the residents there must be active citizens who can establish interaction with utility providers. And such comrades are not available in every home.

HOA or TSN

Since 2014, an association of homeowners or an association of property owners has the right to carry out activities only if a legal entity is registered.

The creation of a partnership is possible only after discussing the issue at a general meeting of homeowners. More than 50% of the total must support the initiative.

If homeowners choose given form board, they must draw up an agreement.

From the date of signing, the HOA bears responsibility for the maintenance of common house property and the supply of communal resources.

The Association of Owners is organized by proactive residents of the house, so there is hope that they will really try to fulfill their duties with high quality and will act in the interests of all residents.

At the same time, it often happens that the saved funds end up in the pockets of members of the board of the HOA.

Management Company

According to the results of the general meeting of homeowners in person or in absentia may also be an agreement with management company. An agreement is signed with each owner.

In this case, it is important to pay attention to each paragraph of the act, to prescribe all the necessary types of work and services, tariffs and the procedure for making changes.

The management company takes responsibility for the provision of those types of work and services that are prescribed in the contract. The main responsibilities of the company are the maintenance of the house and the local area in proper condition, the repair and replacement of broken property, the supply of utilities, participation in major repairs.

The relationship between the management company and the tenants can be valid for up to 5 years.

If the owners are not satisfied with the work of the organization, in accordance with Art. 162 of the RF LC, they can decide to terminate the contract and change the Criminal Code.

A responsibility

The activity of the company may also be suspended in case of deprivation of its license.

For violation of the content of the MKD, as well as failure to comply with the terms of the contract and license requirements, the head of the Criminal Code bears administrative and criminal liability.

As you can see, the owners of apartments in high-rise buildings have the right to determine their own form of management.

Whatever the decision, it is made at the general meeting of owners.

Local authorities, as in Soviet times are responsible for the poor condition of houses and yards. But in those days, budget institutions carried out work for which the apartment owners themselves did not have to pay.

Today, no matter what the choice is, the maintenance of houses is carried out from our pockets.

Understand the subtleties in the organization of the housing and communal services system and learn last news on the topic you can on our website. Share links with your neighbors!

The well-being and well-being of a multi-storey building depends on the chosen management option for this house. The law offers three management options:

  • choice of HOA or housing cooperative;
  • tenant management;
  • management of a particular company or firm.

Residents of an apartment building independently choose one of the forms in an open general vote. Based on the results, a decision is made. If after some time the tenants want to change their mind and choose a different method of management, then it is required to hold a meeting in the same way and resolve the issue by voting. Today we will tell you about the pros and cons of direct management of the owners of an apartment building.

When it officially became possible to manage an apartment building directly by the owners, the tenants began to change the form of management. Indeed, at first glance, self-government has many advantages and seems to be the most effective method. But in fact, it turned out that the direct management of an apartment building has pitfalls that many people had to face, whose houses have switched to this type of management.

Benefits of direct home control

When a multi-storey building is managed by a certain company, then it is responsible for paying for all services. In her own responsibilities: posting notifications, notification of new tariffs and all the documentation. But when choosing direct control, the situation changes.

Disadvantages of self-governing an apartment building

There are many subtleties and pitfalls in the direct management of an apartment building. We have covered only the most important points in the material. It is understandable that the owners want to gain independence and the opportunity to have a "transparent" receipt for services. The carelessness of housing departments and housing and communal services is known to the majority. People have to spend time proving additions and typos. However, you need to carefully think through everything, analyze it before implementing the decision and moving to a form of self-government. Otherwise, the transition will bring more new difficulties than it solves the old ones.

If you still have any uncertainties about this form of management, or you are only interested in the changes of 2015 and 2016, then you can ask your question to our lawyer online, who will be happy to explain to you all the subtleties, features and risks of direct management.

Article 161 General requirements to the management of an apartment building

(As amended by Federal Law No. 123-FZ dated June 4, 2011)

1. The management of an apartment building must ensure favorable and safe living conditions for citizens, the proper maintenance of common property in an apartment building, the resolution of issues related to the use of this property, as well as the provision of public services to citizens living in such a house, or in cases provided for in Article 157.2 of this Code, constant readiness of engineering communications and other equipment, which are part of the common property of the owners of premises in an apartment building, for the provision of public services (hereinafter referred to as ensuring the readiness of engineering systems). The Government of the Russian Federation establishes standards and rules for the management of apartment buildings.
(in ed. federal laws dated 06/04/2011 No. 123-FZ, dated 04/03/2018 No. 59-FZ)

1.1. Proper maintenance of the common property of owners of premises in an apartment building must be carried out in accordance with the requirements of the legislation of the Russian Federation, including in the field of ensuring the sanitary and epidemiological welfare of the population, on technical regulation, fire safety, consumer protection, and should ensure:

1) compliance with the requirements for the reliability and safety of an apartment building;
2) safety of life and health of citizens, property individuals, property legal entities, state and municipal property;
3) the availability of use of premises and other property that is part of the common property of the owners of premises in an apartment building;
4) observance of the rights and legitimate interests of the owners of premises in an apartment building, as well as other persons;
5) the constant readiness of utilities, metering devices and other equipment that are part of the common property of the owners of premises in an apartment building, to supply the resources necessary for the provision of public services to citizens living in an apartment building, in accordance with the rules for the provision, suspension and restriction provision of utility services to owners and users of premises in apartment buildings and residential buildings established by the Government of the Russian Federation.
(Part 1.1 was introduced by Federal Law No. 123-FZ of 04.06.2011)

1.2. The composition of the minimum list of services and works necessary to ensure the proper maintenance of common property in an apartment building, the procedure for their provision and implementation are established by the Government of the Russian Federation.
(Part 1.2 was introduced by Federal Law No. 123-FZ of June 4, 2011)

1.3. Activities for the management of multi-apartment buildings are carried out on the basis of a license for its implementation, except for the case when such activities are carried out by a homeowners association, housing cooperative or other specialized consumer cooperative and the case provided for by part 3 of Article 200 of this Code.
(Part 1.3 was introduced by Federal Law No. 255-FZ of July 21, 2014)

2. The owners of premises in an apartment building are required to choose one of the ways to manage the apartment building:

1) direct management of the owners of premises in an apartment building, the number of apartments in which is not more than thirty;
(as amended by Federal Laws No. 255-FZ dated July 21, 2014, No. 176-FZ dated June 29, 2015)

2) management of an association of homeowners or a housing cooperative or other specialized consumer cooperative;
3) management of the managing organization.

2.1. When directly managing an apartment building by the owners of premises in this building, persons who perform work on the maintenance and repair of common property in an apartment building, provide cold and hot water supply and carry out water disposal, electricity, gas supply (including the supply of domestic gas in cylinders), heating ( heat supply, including the supply of solid fuel in the presence of stove heating), the management of municipal solid waste, are responsible to the owners of the premises in this house for the fulfillment of their obligations in accordance with the concluded agreements, as well as in accordance with the rules established by the Government of the Russian Federation for the maintenance of general property in an apartment building, the rules for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings.
(Part 2.1 was introduced by Federal Law No. 123-FZ of 04.06.2011; as amended by Federal Law No. 458-FZ of 29.12.2014)

2.2. When managing an apartment building by a partnership of homeowners or a housing cooperative or other specialized consumer cooperative, the said partnership or cooperative is responsible for the maintenance of common property in this building in accordance with the requirements of technical regulations and the rules established by the Government of the Russian Federation for maintaining common property in an apartment building, for the provision of communal services, depending on the level of improvement of this house, the quality of which must comply with the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings, or in cases provided for in Article 157.2 of this Code, for providing readiness of engineering systems. The specified partnership or cooperative may provide services and (or) carry out work on the maintenance and repair of common property in an apartment building on its own or engage, on the basis of contracts, persons engaged in relevant activities. When concluding an agreement on the management of an apartment building with a managing organization, the said partnership or cooperative shall exercise control over the fulfillment by the managing organization of obligations under such an agreement, including the provision of all services and (or) the performance of work that ensures the proper maintenance of common property in this house, the provision of utilities services, depending on the level of improvement of this house, the quality of which must comply with the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings.
(Part 2.2 was introduced by Federal Law No. 123-FZ of 04.06.2011; as amended by Federal Law No. 59-FZ of 03.04.2018)

2.3. When managing an apartment building by a managing organization, it is responsible to the owners of premises in an apartment building for the provision of all services and (or) performance of work that ensures the proper maintenance of the common property in this house and the quality of which must comply with the requirements of technical regulations and the maintenance rules established by the Government of the Russian Federation common property in an apartment building, for the provision of public services depending on the level of improvement of this building, the quality of which must comply with the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings, or in cases provided for in Article 157.2 of this Code, for ensuring the readiness of engineering systems.
(Part 2.3 was introduced by Federal Law No. 123-FZ of 04.06.2011; as amended by Federal Law No. 59-FZ of 03.04.2018)

3. The method of managing an apartment building is chosen at a general meeting of owners of premises in an apartment building and can be chosen and changed at any time based on its decision. The decision of the general meeting on the choice of management method is binding on all owners of premises in an apartment building.

3.1. Upon termination of management of an apartment building by a partnership of homeowners, a housing or housing-construction cooperative, or other specialized consumer cooperative, the said partnership, cooperative, within three working days from the date of the decision of the general meeting of owners of premises in an apartment building to change the method of managing such a house, must transfer the technical documentation to an apartment building and other documents related to the management of such a building, keys to premises that are part of the common property of the owners of premises in an apartment building, electronic access codes to equipment that is part of the common property of owners of premises in an apartment building, and other technical means and equipment necessary for the operation and management of the apartment building, to the person who has assumed the obligation to manage the apartment building, or in the case of choosing a direct method of managing the apartment building to the owner of the premises in an apartment building, specified in the decision of the general meeting of owners of premises in an apartment building on the choice of a direct method of managing the apartment building, or, if such an owner is not indicated, to any owner of the premises in such an apartment building.
(Part 3.1 was introduced by Federal Law No. 485-FZ of December 31, 2017)

4. The local self-government body, in accordance with the procedure established by the Government of the Russian Federation, holds an open competition for the selection of a managing organization in the cases specified in Part 13 of this Article and Part 5 of Article 200 of this Code, and also if, within six months before the date of the holding of the specified competition, the owners of premises in an apartment building did not choose a way to manage this house or if the decision made on choosing a way to manage this house was not implemented. An open tender is also held if, before the expiration of the term of the contract for managing an apartment building concluded on the basis of the results of an open tender, the method of managing this house has not been chosen or if the decision made on choosing the method of managing this house has not been implemented.
(as amended by Federal Laws No. 251-FZ of 29.12.2006, No. 160-FZ of 23.07.2008, No. 237-FZ of 27.07.2010, No. 134-FZ of 04.06.2018)

4.1. Information on holding an open tender for the selection of a managing organization is posted on the official website of the Russian Federation in the information and telecommunication network "Internet" for posting information about the auction (hereinafter referred to as the official website on the Internet). The Government of the Russian Federation determines the official site on the Internet and the body authorized to maintain it. Before the Government of the Russian Federation determines the official website on the Internet, a notice of an open tender is posted on the official website of the municipality on the Internet information and telecommunications network, and is also published in an official print publication intended for publishing information on placing orders for municipal needs. . Information about the said competition should be available for review to all interested parties without charging a fee. Information on the results of an open competition is posted on the website in the information and telecommunications network "Internet", on which information about its holding was posted, no later than three days from the date of determining such results, and is also published in the official print publication in which information about its implementation.
(Part 4.1 was introduced by Federal Law No. 401-FZ of December 6, 2011)

5. The local self-government body, within ten days from the date of the open tender provided for by paragraph 4 of this article, notifies all owners of premises in an apartment building about the results of this tender and about the terms of the contract for managing this house. The owners of premises in an apartment building are obliged to conclude a management agreement for this building with a managing organization selected based on the results of the open tender provided for by Part 4 of this Article, in the manner prescribed by Article 445 of the Civil Code of the Russian Federation.

6. Not later than one month before the expiration of the term of the contract for managing an apartment building specified in paragraph 5 of this article, the local government convenes a meeting of owners of premises in this house to decide on the choice of a method for managing this house, if such a decision has not been previously made in accordance with with part 3 of this article.
(as amended by Federal Law No. 251-FZ of December 29, 2006)

7. Any owner of premises in an apartment building may apply to the court with a request to oblige local governments to select a management organization in accordance with the provisions of part 4 of this article.

8. The conclusion of an agreement on the management of an apartment building without holding an open tender, provided for in parts 4 and 13 of this article, is allowed if the specified tender, in accordance with the law, is declared invalid.
(as amended by Federal Law No. 38-FZ dated April 5, 2013)

8.1. It is not allowed to conclude an agreement on the management of an apartment building based on the results of an open tender or if the specified tender is declared invalid, earlier than ten days from the date of posting information about the results of the specified tender on the official website on the Internet. This requirement does not apply until the Government of the Russian Federation determines the official site on the Internet.
(Part 8.1 was introduced by Federal Law No. 401-FZ of December 6, 2011)

9. An apartment building can be managed by only one managing organization.

10.1. The managing organization is obliged to provide free access to information on the main indicators of its financial and economic activities, on the services provided and on the work performed for the maintenance and repair of common property in an apartment building, on the procedure and conditions for their provision and implementation, on their cost, on prices (tariffs) for those provided through its placement in the system. The procedure, composition, timing and frequency of posting in the system information on the activities of managing an apartment building and providing for familiarization the documents provided for by this Code by a homeowners association or a housing cooperative or other specialized consumer cooperative managing an apartment building (without concluding an agreement with a managing organization ) are established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of information technologies, together with the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services, unless a different period for posting the specified information in the system is established by federal law.
(Part 10.1 was introduced by Federal Law No. 263-FZ of July 21, 2014; as amended by Federal Law No. 469-FZ of December 28, 2016)

11. In the case provided for by Article 157.2 of this Code, the managing organization, a homeowners' association or a housing cooperative or other specialized consumer cooperative managing an apartment building, in the manner established by the Government of the Russian Federation, are obliged to:

1) provide resource-supplying organizations, a regional operator for the treatment of municipal solid waste with the information necessary for calculating fees for utilities, including on the readings of individual metering devices (when such readings are provided by the owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or contracts for the lease of residential premises of the state or municipal housing stock in this house to a managing organization, a homeowners association or a housing cooperative or other specialized consumer cooperative) and collective (common house) metering devices installed in an apartment building;

2) to control the quality of communal resources and the continuity of their supply to the boundaries of common property in an apartment building;

3) accept from the owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or contracts for the rental of residential premises of state or municipal housing stock in this house complaints about violations of the requirements for the quality of public services and (or) the continuity of the provision of such services, violations in the calculation the amount of payment for utilities and interact with resource-supplying organizations and the regional operator for the treatment of municipal solid waste when considering these applications, verifying the facts set forth in them, eliminating identified violations and sending information on the results of consideration of applications in the manner established by the Government of the Russian Federation;

4) provide resource-supplying organizations with access to common property in an apartment building in order to suspend or restrict the provision of utility services to owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or rental agreements for residential premises of state or municipal housing stock in this house or by agreement with resource-supplying organizations to suspend or restrict the provision of utility services to owners of premises in an apartment building and tenants of residential premises under social rental contracts or contracts for the rental of residential premises of state or municipal housing stock in this house.
(Part 11 as amended by Federal Law No. 59-FZ of April 3, 2018)

11.1. With the direct management of an apartment building by the owners of premises in an apartment building, a municipal solid waste management service is provided to owners and users of premises in this building by a regional operator for municipal solid waste management.
(Part 11.1 was introduced by Federal Law No. 458-FZ of December 29, 2014)

12. Management organizations, associations of homeowners or housing cooperatives or other specialized consumer cooperatives that manage multi-apartment buildings are not entitled to refuse to conclude contracts in accordance with the rules specified in paragraph 1 of Article 157 of this Code, including in relation to communal resources consumed when maintaining common property in an apartment building, with resource-supplying organizations that provide cold and hot water supply, sewerage, electricity, gas supply (including supplies of domestic gas in cylinders), heating (heat supply, including supplies of solid fuel in the presence of stove heating), and a regional operator for the treatment of municipal solid waste, except for the cases provided for by Part 1 of Article 157.2 of this Code. The validity period and other conditions of the said contracts, including those concluded with regard to the acquisition of communal resources consumed in the use and maintenance of common property in an apartment building, are established in accordance with the rules specified in Part 1 of Article 157 of this Code. The owners of premises in multi-apartment buildings are not entitled to refuse to conclude contracts specified in part 1 of Article 157.2 and in part 2 of Article 164 of this Code.
(Part 12 was introduced by Federal Law No. 123-FZ of 04.06.2011; as amended by Federal Laws No. 458-FZ of 29.12.2014, No. 485-FZ of 31.12.2017, No. 59-FZ of 03.04.2018)

13. Within twenty days from the date of issuance of the order, established by law on urban planning activities, permission to commission an apartment building, the local government places a notice of an open tender for the selection of a managing organization on the official website on the Internet and, no later than forty days from the date of placement of such a notice, conducts it in accordance with part 4 of this article is an open competition. Within ten days from the date of the open tender, the local self-government body notifies all persons who have accepted from the developer (the person providing the construction of an apartment building) after issuing him a permit to put the apartment building into operation of the premises in this house according to the deed of transfer or other transfer document, on the results of an open tender and on the terms of the contract for managing this house. These persons are required to conclude a management agreement for this house with a management organization selected based on the results of an open tender. If within two months from the date of the open tender, the owners have not concluded a management agreement with the managing organization, such an agreement is considered concluded on the terms determined by the open tender.
(as amended by Federal Laws No. 38-FZ dated April 5, 2013, No. 176-FZ dated June 29, 2015)

14. Prior to the conclusion of an agreement on the management of an apartment building between the person specified in clause 6 of part 2 of Article 153 of this Code and the managing organization selected based on the results of an open tender, the management of the apartment building is carried out by the managing organization, with which the developer must conclude an agreement on the management of an apartment building not later than five days from the date of receipt of permission to commission an apartment building.
(Part 14 as amended by Federal Law No. 176-FZ dated June 29, 2015)

14.1. In case of termination of the use of the building as a rental house, the owner, who owns all the premises in the apartment building, makes decisions on issues related to the management of the apartment building, in the manner prescribed by paragraph 7 of Article 46 of this Code. In the event of the sale or otherwise alienation of the first premises in this multi-apartment building, the owners of the premises in this multi-apartment building, within one year from the date of sale or otherwise alienation of the first premises in this multi-apartment building, must choose such owners at a general meeting and implement a method for managing this apartment building .
(Part 14.1 was introduced by Federal Law No. 217-FZ of July 21, 2014)

15. The organization that supplies the resources necessary for the provision of public services is responsible for the supply of these resources of adequate quality to the boundaries of the common property in an apartment building and the boundaries of the external engineering and technical support networks of this house, unless otherwise established by an agreement with such an organization.
(Part 15 was introduced by Federal Law No. 123-FZ of 04.06.2011)

15.1. The regional operator for the treatment of municipal solid waste is responsible for the provision of municipal services for the treatment of municipal solid waste starting from the place of accumulation of municipal solid waste, unless otherwise provided by the contract.
(Part 15.1 was introduced by Federal Law No. 458-FZ of December 29, 2014; as amended by Federal Law No. 404-FZ of December 29, 2015)

16. The person who is responsible for the maintenance and repair of common property in an apartment building, within the scope of the provision of these services, is obliged to ensure the condition of the common property in an apartment building at the level necessary for the provision of public services of proper quality.
(Part 16 was introduced by Federal Law No. 123-FZ of 04.06.2011)

17. Management of an apartment building, in respect of which the owners of premises in an apartment building have not chosen the method of managing such a house in the manner prescribed by this Code, or the chosen method of management has not been implemented, the managing organization has not been determined, including due to the recognition of an open tender for selection as invalid management organization conducted by a local government body in accordance with this Code is carried out by a management organization that has a license to carry out entrepreneurial activities for the management of apartment buildings, determined by the decision of the local government body in the manner and on the conditions established by the Government of the Russian Federation. Such a managing organization carries out activities for managing an apartment building until the owners of premises in an apartment building choose a way to manage an apartment building or until an agreement on managing an apartment building is concluded with a management organization determined by the owners of premises in an apartment building or based on the results of an open tender provided for in paragraph 4 of this article, but no more than one year.
(Part 17 was introduced by Federal Law No. 485-FZ of December 31, 2017)

(introduced by Federal Law No. 123-FZ dated 04.06.2011)

1. If a homeowners' association has not been established in an apartment building or if this building is not managed by a housing cooperative or other specialized consumer cooperative, and if there are more than four apartments in this building, the owners of premises in this building at their general meeting are obliged to elect the council of the multi-apartment houses from among the owners of premises in this house. Registration of the council of an apartment building in local governments or other bodies is not carried out.

2. In the cases specified in paragraph 1 of this article, provided that within calendar year the decision to elect the council of the apartment building by the owners of the premises has not been made in it or the corresponding decision has not been implemented, the local government within three months convenes a general meeting of the owners of the premises in the apartment building, the agenda of which includes questions on the election of the council of the apartment building in this house, including including the chairman of the council of this house, or on the creation of an association of homeowners in this house.

3. The council of an apartment building cannot be elected in relation to several apartment buildings.

4. The number of members of the council of an apartment building is established at a general meeting of owners of premises in an apartment building. Unless otherwise established by a decision of the general meeting of owners of premises in an apartment building, the number of members of the council of an apartment building is established taking into account the number of entrances, floors, apartments in this building.

5. Council of the apartment building:

1) ensures the implementation of decisions of the general meeting of owners of premises in an apartment building;
2) submits to the general meeting of owners of premises in an apartment building as issues for discussion proposals on the procedure for using common property in an apartment building, including land plot on which this house is located, on the procedure for planning and organizing work on the maintenance and repair of common property in an apartment building, on the procedure for discussing draft agreements concluded by the owners of premises in this house in relation to common property in this house and the provision of utilities, as well as proposals on issues of competence of the council of an apartment building, elected commissions and other proposals on issues, the adoption of decisions on which does not contradict this Code;
3) submit proposals to owners of premises in an apartment building on planning the management of an apartment building, organization of such management, maintenance and repair of common property in this building;
4) submits to the owners of premises in an apartment building before consideration at a general meeting of owners of premises in this building its opinion on the terms of draft contracts proposed for consideration at this general meeting. In the event that a commission for evaluating draft contracts is elected in an apartment building, the said conclusion is submitted by the council of this building together with such a commission;
5) exercise control over the provision of services and (or) performance of work on the management of an apartment building, the maintenance and repair of common property in an apartment building and the quality of public services provided to owners of residential and non-residential premises in an apartment building and users of such premises, including premises that are part of the common property in this house;
6) submit for approval to the annual general meeting of owners of premises in an apartment building a report on the work done;
7) makes decisions on the current repair of common property in an apartment building in the event that a relevant decision is made by the general meeting of owners of premises in an apartment building in accordance with clause 4.2 of part 2 of Article 44 of this Code.
(Clause 7 was introduced by Federal Law No. 176-FZ of June 29, 2015)

6. From among the members of the council of an apartment building at a general meeting of owners of premises in an apartment building, a chairman of the council of an apartment building is elected.

7. The chairman of the council of an apartment building manages the current activities of the council of an apartment building and is accountable to the general meeting of owners of premises in an apartment building.

8. Chairman of the council of an apartment building:

1) prior to the adoption by the general meeting of owners of premises in an apartment building of a decision to conclude an agreement on the management of an apartment building, the right to enter into negotiations on the terms of the said agreement, and in the case of direct management of the apartment building by the owners of premises in this building, the right to enter into negotiations on the terms of the contracts specified in parts 1 and 2 articles 164 of this Code;
2) bring to the attention of the general meeting of owners of premises in an apartment building the results of negotiations on the issues specified in paragraph 1 of this part;
3) on the basis of a power of attorney issued by the owners of premises in an apartment building, concludes, on the terms specified in the decision of the general meeting of owners of premises in this building, an agreement for the management of an apartment building or agreements specified in parts 1 and 2 of Article 164 of this Code. Under an apartment building management agreement, all owners of premises in an apartment building who have granted the chairman of the council of an apartment building powers, certified by such powers of attorney, acquire rights and become obligated. The owners of premises in an apartment building have the right to demand from the managing organization a copy of this agreement, and in the case of direct management of an apartment building by the owners of premises in this house, copies of contracts concluded with persons providing services and (or) performing work on the maintenance and repair of common property in this house , from the specified persons;
4) exercise control over the fulfillment of obligations under concluded contracts for the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building on the basis of a power of attorney issued by the owners of premises in an apartment building, sign certificates of acceptance of services rendered and (or) work performed on content and current repairs common property in an apartment building, acts on violation of quality standards or the frequency of services and (or) performance of work on the maintenance and repair of common property in an apartment building, acts on the failure to provide utilities or the provision of utilities of inadequate quality, and also sends to local governments applications for non-fulfillment by the managing organization of the obligations provided for by paragraph 2 of Article 162 of this Code;
5) on the basis of a power of attorney issued by the owners of premises in an apartment building, acts in court as a representative of the owners of premises in this building in cases related to the management of this building and the provision of public services.
6) makes decisions on issues that are referred for decision to the chairman of the council of an apartment building in accordance with the decision of the general meeting of owners of premises in an apartment building, adopted in accordance with clause 4.3 of part 2 of Article 44 of this Code.
(Clause 6 was introduced by Federal Law No. 176-FZ of June 29, 2015)

8.1. The general meeting of owners of premises in an apartment building has the right to decide on the payment of remuneration to members of the council of an apartment building, including the chairman of the council of an apartment building. Such a decision must contain the conditions and procedure for the payment of the specified remuneration, as well as the procedure for determining its amount.
(Part 8.1 was introduced by Federal Law No. 176-FZ of June 29, 2015)

9. The Council of an apartment building is valid until re-elected at a general meeting of owners of premises in an apartment building or in the event of a decision to establish a homeowners association before the election of the board of the homeowners association.

10. The Council of an apartment building is subject to re-election at a general meeting of owners of premises in an apartment building every two years, unless a different period is established by a decision of the general meeting of owners of premises in this building. In case of non-acceptance in set time at a general meeting of owners of premises in an apartment building, decisions on the re-election of the council of the apartment building shall be extended for the same period. In case of improper performance of its duties, the council of an apartment building may be re-elected ahead of schedule by the general meeting of owners of premises in an apartment building.

11. To prepare proposals for specific issues associated with the management of an apartment building, commissions of owners of premises in this building can be elected, which are collegial advisory bodies for managing an apartment building.

12. Commissions of owners of premises in an apartment building are elected by decision of the general meeting of owners of premises in an apartment building or by decision of the council of an apartment building.

13. The general meeting of owners of premises in an apartment building may decide to use a system or other information system, taking into account the functions of these systems in the activities of the council of an apartment building, the chairman of the council of an apartment building, commissions of owners of premises in an apartment building if they are elected, as well as on determination of persons who, on behalf of the owners of premises in an apartment building, are authorized to ensure the activities of the said council, chairman, and commissions.
(Part 13 was introduced by Federal Law No. 263-FZ of July 21, 2014)

Article 162

1. An agreement for the management of an apartment building is concluded with a management organization that has been granted a license to carry out activities for the management of apartment buildings in accordance with the requirements of this Code, in writing or in electronic form using the system by drawing up one document signed by the parties. When a management organization is chosen 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 house on the terms specified in the decision of this general meeting. At the same time, the owners of the premises in this house, having more than fifty percent of the votes of the total number of votes of the owners of the premises in this house, act as one party to the contract being concluded. Each owner of a premise in an apartment building independently fulfills the obligations under an apartment building management agreement, including the obligation to pay for the premises and utilities, and is not liable for the obligations of other owners of premises in this building.
(as amended by Federal Laws No. 123-FZ of 04.06.2011, No. 263-FZ of 21.07.2014, No. 255-FZ of 21.07.2014, No. 214-FZ of 26.07.2019)

1.1. In the case provided for by Part 13 of Article 161 of this Code, with each person who has accepted from the developer (the person providing the construction of an apartment building) after the issuance of a permit to put the apartment building into operation, the premises in this house according to the deed of transfer or other document on the transfer, apartment building management contract. At the same time, such persons act as one party to the concluded agreement if they make up more than fifty percent of their total number.
(Part 1.1 was introduced by Federal Law No. 38-FZ of April 5, 2013)

2. Under an apartment building management agreement, one party (management organization) on the instructions of the other party (owners of premises in an apartment building, management bodies of a homeowners association, management bodies of a housing cooperative or management bodies of another specialized consumer cooperative, a person specified in clause 6 of part 2 article 153 of this Code, or in the case provided for by part 14 of article 161 of this Code, the developer) within the agreed period for a fee undertakes to perform work and (or) provide services for the management of an apartment building, provide services and perform work on the proper maintenance and repair of the common of property in such a house, provide utility services to the owners of premises in such a house and persons using premises in this house, or in the cases provided for in Article 157.2 of this Code, ensure the readiness of engineering systems, carry out other management aimed at achieving the goals ia apartment building activities.
(as amended by Federal Laws No. 123-FZ of 04.06.2011, No. 38-FZ of 05.04.2013, No. 255-FZ of 21.07.2014, No. 59-FZ of 03.04.2018)

2.1. An apartment building management agreement concluded in the manner prescribed by this article must be placed by the managing organization in the system in the manner established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of information technology, together with the federal an executive authority that performs the functions of developing and implementing state policy and legal regulation in the field of housing and communal services.
(Part 2.1 was introduced by Federal Law No. 263-FZ of July 21, 2014)

3. In the contract for the management of an apartment building, the following must be indicated:

1) the composition of the common property of the apartment building, in respect of which management will be carried out, and the address of such a house;

2) a list of works and (or) services for the management of an apartment building, services and work for the maintenance and repair of common property in an apartment building, the procedure for changing such a list, as well as a list of utilities provided by the management organization, with the exception of utilities provided in in accordance with Article 157.2 of this Code;
(as amended by Federal Laws No. 255-FZ dated July 21, 2014, No. 59-FZ dated April 3, 2018)

3) the procedure for determining the price of the contract, the amount of the fee for the maintenance and repair of the dwelling and the amount of the fee for utility services, as well as the procedure for making such a fee, with the exception of fees for utility services provided in accordance with Article 157.2 of this Code;
(as amended by Federal Law No. 59-FZ dated April 3, 2018)

4) the procedure for exercising control over the fulfillment by the managing organization of its obligations under the management agreement.

4. The terms of the contract for the management of an apartment building shall be the same for all owners of premises in an apartment building.

5. An apartment building management agreement is concluded:

1) in the case specified in paragraph 1 of this article, for a period of at least one year, but not more than five years;
2) in the cases specified in parts 4 and 13 of Article 161 of this Code, for a period of not less than one year, but not more than three years;
3) in the case specified in paragraph 14 of Article 161 of this Code, for a period not exceeding three months.
(Part 5 as amended by Federal Law No. 38-FZ dated April 5, 2013)

6. In the absence of a statement by one of the parties on the termination of the contract for managing an apartment building at the end of its validity period, such an contract is considered extended for the same period and on the same conditions that were provided for by such an agreement.

7. The managing organization is obliged to start fulfilling the contract for managing an apartment building from the date of making changes to the register of licenses of a constituent entity of the Russian Federation in connection with the conclusion of a contract for managing such a house.
(Part 7 as amended by Federal Law No. 485-FZ of December 31, 2017)

8. Change and (or) termination of the contract for the management of an apartment building are carried out in the manner prescribed by civil law.

8.1. The owners of premises in an apartment building unilaterally have the right to refuse to execute an agreement on the management of an apartment building concluded as a result of an open tender, provided for in parts 4 and 13 of Article 161 of this Code, after the expiration of each next year from the date of conclusion of the said agreement in the event that before the expiration of such agreement the general meeting of owners of premises in an apartment building decides to choose or change the method of managing this house.
(Part eight.1 was introduced by Federal Law No. 251-FZ of December 29, 2006, as amended by Federal Law No. 123-FZ of June 4, 2011)

8.2. The owners of premises in an apartment building, on the basis of a decision of the general meeting of owners of premises in an apartment building, unilaterally have the right to refuse to fulfill the contract for managing the apartment building if the managing organization does not comply with the terms of such an agreement, and decide to choose another managing organization or to change the method of managing data home.
(Part eight.2 was introduced by Federal Law No. 251-FZ of December 29, 2006, as amended by Federal Law No. 123-FZ of June 4, 2011)

9. The management of an apartment building owned by a housing cooperative or in which an association of homeowners has been established is carried out taking into account the provisions of Sections V and VI of this Code.

10. The managing organization, within three working days from the date of termination of the contract for managing the apartment building, is obliged to transfer the technical documentation for the apartment building and other documents related to the management of such a house, keys to the premises that are part of the common property of the owners of premises in the apartment building, electronic access codes to the equipment that is part of the common property of the owners of premises in an apartment building, and other technical means and equipment necessary for the operation and management of an apartment building, a newly selected management organization, a homeowners association or a housing or housing-construction cooperative or other specialized consumer cooperative , and in the case of direct management of such a house by the owners of premises in such a house, to one of these owners, indicated in the decision of the general meeting of these owners on the choice of the method of managing such a house, or, if these th owner is not specified, any owner of the premises in such a house.
(Part 10 as amended by Federal Law No. 485-FZ of December 31, 2017)

11. Unless otherwise provided by the apartment building management agreement, the managing organization annually during the first quarter of the current year submits to the owners of premises in the apartment building a report on the implementation of the management agreement for the previous year, and also places the specified report in the system.

12. If, as a result of the execution of the management agreement for an apartment building, in accordance with the report on the implementation of the management agreement posted in the system, the actual expenses of the managing organization turned out to be less than those taken into account when setting the amount of payment for the maintenance of the residential premises, subject to the provision of services and (or) performance of work for the management of an apartment building, the provision of services and (or) the performance of work on the maintenance and repair of common property in an apartment building, provided for by such an agreement, the specified difference remains at the disposal of the managing organization, provided that the savings received by the managing organization did not lead to inadequate quality services rendered and (or) work performed for the management of an apartment building, services rendered and (or) work performed for the maintenance and repair of common property in an apartment building, provided for by such an agreement, confirmed in the manner established by the Government of the Russian Federation. At the same time, the contract for managing an apartment building may provide for a different distribution of the savings received by the managing organization.
(Part 12 was introduced by Federal Law No. 485-FZ of December 31, 2017)

Article 163

1. The procedure for managing an apartment building, all premises in which are owned by the Russian Federation, a constituent entity of the Russian Federation or a municipality, is established by the federal executive body authorized by the Government of the Russian Federation, the state authority of the constituent entity of the Russian Federation and the local self-government body, respectively.
(As amended by Federal Law No. 160-FZ dated July 23, 2008)

2. The management of an apartment building, in which the share of the Russian Federation, a constituent entity of the Russian Federation or a municipality in the right of common ownership of common property in an apartment building is more than fifty percent, is carried out on the basis of a management agreement for this house concluded with a management organization selected based on the results an open tender held in accordance with the procedure established by the Government of the Russian Federation in accordance with Part 4 of Article 161 of this Code.
(Part 2 as amended by Federal Law No. 123-FZ dated 04.06.2011)

Article 164. Direct management of an apartment building by owners of premises in such a house

1. In the case of direct management of an apartment building by the owners of premises in such a house, contracts for the provision of services for the maintenance and (or) performance of work on the repair of common property in such a house with persons carrying out relevant types of activities, the owners of premises in such a house conclude on the basis of decisions of the general meeting of the indicated owners. At the same time, all or most of the owners of premises in such a house act as one party to the contracts concluded.
(as amended by Federal Laws No. 123-FZ of 04.06.2011, No. 255-FZ of 21.07.2014)

2. Contracts for hot water supply, cold water supply, sewerage, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating), municipal solid waste management are concluded by each owner of the premises who directly manages an apartment building on his own behalf.
(as amended by Federal Laws No. 417-FZ of December 7, 2011, No. 458-FZ of December 29, 2014)

2.1. Contracts for the provision of services and (or) the performance of work for the proper maintenance of in-house gas equipment systems, and (or) the performance of work on the operation, including maintenance and repair, of elevators, lifting platforms for the disabled, and (or) on performance of works on emergency dispatch services, concluded, including in electronic form using the system, by the owners of premises in an apartment building directly managing such a house, in the cases provided for by this article, must be placed by persons carrying out relevant types of activities in system in the manner established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of information technology, together with the federal executive body responsible for the development and implementation of state policy and legal mu regulation in the field of housing and communal services.
(Part 2.1 as amended by Federal Law No. 482-FZ of December 25, 2018)

3. Based on the decision of the general meeting of owners of premises in an apartment building, directly managing such a house, on behalf of the owners of premises in such a house in relations with third parties, one of the owners of premises in such a house or another person having authority certified by a power of attorney, issued in writing to him by all or the majority of the owners of the premises in such a house.

Article 165. Creation of conditions for the management of multi-apartment buildings

(as amended by Federal Law No. 263-FZ of July 21, 2014)

1. In order to create conditions for the management of multi-apartment buildings, local governments:

1) provide equal conditions for the activities of managing organizations, regardless of organizational and legal forms;
2) may provide managing organizations, associations of homeowners or housing cooperatives or other specialized consumer cooperatives with budgetary funds for the overhaul of apartment buildings;
3) contribute to the improvement of the qualifications of persons who manage apartment buildings and the organization of training for persons who intend to carry out such activities;
4) promote the creation and activities in the municipality specified in paragraph 8 of Article 20 of this Code public associations, other non-profit organizations.
(Clause 4 was introduced by Federal Law No. 200-FZ of June 28, 2014)

1.1. A local government body, on the basis of an appeal from the owners of premises in an apartment building, the chairman of the council of an apartment building, the management bodies of a homeowners association or the management bodies of a housing cooperative or the management bodies of another specialized consumer cooperative specified in part 8 of article 20 of this Code of public associations, other non-profit organizations about non-fulfillment by the managing organization of the obligations provided for by paragraph 2 of Article 162 of this Code, within five days unscheduled inspection activities of the governing body. If, based on the results of this audit, it is revealed that the managing organization does not comply with the terms of the contract for managing an apartment building, the local government, no later than fifteen days from the date of the relevant application, convenes a meeting of the owners of the premises in this house to resolve issues of terminating the contract with such a managing organization and choosing a new managing organization or changing the way the house is managed.
(Part 1.1 was introduced by Federal Law No. 123-FZ of 04.06.2011, as amended by Federal Laws No. 93-FZ of 25.06.2012, No. 200-FZ of 28.06.2014)

2. Local self-government bodies, managing organizations, associations of homeowners or housing cooperatives or other specialized consumer cooperatives are obliged to provide citizens, at their request, with information, including using the system, on the established prices (tariffs) for services and works for the maintenance and repair of common property in apartment buildings and residential premises in them, on the amount of payment in accordance with fixed prices(tariffs), on the volume, list and quality of services provided and (or) work performed, on prices (tariffs) for public services provided and the amount of payment for these services, on the participation of representatives of local governments in annual and extraordinary general meetings owners of premises in apartment buildings.
(as amended by Federal Laws No. 123-FZ of 04.06.2011, No. 263-FZ of 21.07.2014)

3. Local self-government bodies are obliged to provide citizens, at their request, with information, including using the system, on municipal programs in the housing sector and in the field of public services, on regulatory legal acts local self-government bodies regulating relations in these areas, on the status of those located in the territories municipalities objects of communal and engineering infrastructure, about the persons who operate these objects, about production programs and on the investment programs of organizations supplying the resources necessary for the provision of public services, on compliance with the established parameters of the quality of goods and services of such organizations, on the status of settlements of persons managing apartment buildings with persons engaged in the production and sale of resources necessary for the provision of public services , as well as with persons carrying out water disposal.
(Part 3 was introduced by Federal Law No. 123-FZ of 04.06.2011, as amended by Federal Laws No. 263-FZ of 21.07.2014, No. 257-FZ of 29.07.2017)

4. Organizations supplying resources necessary for the provision of public services, as well as persons providing services, performing work on the maintenance and repair of the common property of owners of premises in apartment buildings and providing public services, are required to place in the system the information provided for by the legislation on state information system housing and communal services.
(Part 4 as amended by Federal Law No. 263-FZ of July 21, 2014)

5. The procedure, forms, terms and frequency of placement in the system of the information specified in part 4 of this article are established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of information technology, together with the federal executive body the authorities exercising the functions of developing and implementing state policy and legal regulation in the field of housing and communal services, unless a different period for posting this information in the system is established by federal law.
(As amended by Federal Laws No. 263-FZ dated July 21, 2014, No. 469-FZ dated December 28, 2016)