Scheme of the competition for the selection of the managing organization. Issues that arise when a local self-government body conducts an open competition for the selection of a managing organization for managing an apartment building (Bogolyubova E.V., Batagova E.K.)

General provisions

Grounds and initiators of the competition

How to choose a management company for an apartment building?

Competition rules

Application for participation

Conducting a competition and summing up the results

Appealing the results of the competition

Conclusion of an agreement for the management of an apartment building

Grounds and initiators of the competition

Legislative regulation

What principles should the competition for the management of MKD comply with?

Competition rules

Conclusion of an agreement for the management of an apartment building

Appealing the results of the competition

The role of organs local government(hereinafter - LSG) in housing relations is very significant. Housing legislation entrusts local self-government with many functions, one of which is to organize and conduct competitions for the selection of a managing organization (MA) for apartment buildings in cases prescribed by law.

But it often happens that local self-governments do not always take their duties responsibly in this matter: either because of the negligence of employees, or because of the lack of information about any situations that require the intervention of the municipality, or for other reasons.

An example of such a situation might be the case when the managing organization does not want to renew the management contract for new term, while notifying all the necessary persons: owners, state housing supervision authorities (hereinafter - GZHN), LSG.

But the municipality can delay the fulfillment of its statutory obligations for a long time. After all, the Housing Code does not provide for the possibility of the MA to refuse the management contract, even if its validity period has expired, without transferring the MKD to another managing organization. This directly contradicts the general principles of civil law on freedom of contract. But who cares that in the absence of a new managing organization, the former one is practically in a hopeless situation and is obliged to “forcefully” manage the MKD, while receiving administrative penalties.

However, local self-governments are also liable for non-fulfillment of their duties when a competition for the selection of an MA is not held in a timely manner. But responsibility comes when there is someone to complain about the inaction of the municipality: the former managing organization, owners, other persons.

Paragraph 4 of Art. 200 Housing Code RF (hereinafter referred to as the LC RF), it is provided that within fifteen days from the date of receipt of a notification from the state housing supervision body on the exclusion of information about an apartment building from the register of licenses of a constituent entity of the Russian Federation, on license termination, on its annulment, the local government convenes a general meeting of owners of premises in an apartment building to decide on the choice of a way to manage such a house.

According to paragraph 1 of Article 197 of the Housing Code of the Russian Federation, the local self-government body of the municipality on whose territory the licensee manages the MKD, the owners of the premises in the MKD, the management of which is carried out by the licensee, resource supply organizations (RSO), with which the licensee has concluded contracts for the supply of resources necessary for the provision of public services, other interested persons should be informed on the existence of grounds for excluding information about MKD from the register of licenses of a subject of the Russian Federation, on making a decision to exclude information about an apartment building from the register of licenses of a constituent entity of the Russian Federation, on the adoption by the licensing commission of a decision to send an application to the court for the annulment of the license, on the court decision that has entered into force on the annulment of the license and making a corresponding entry in the register of licenses of the constituent entity of the Russian Federation.

The procedure and terms for informing about the circumstances provided for by Part 1 of this Article, as well as the persons responsible for compliance with the requirements for informing, are established by the Government of the Russian Federation.

This procedure is established by Decree of the Government of the Russian Federation of March 28, 2015 No. 289 “On the procedure for informing about the occurrence of certain grounds for terminating management activities apartment building"(together with the "Rules for informing about the occurrence of certain grounds for terminating the management of an apartment building" (hereinafter Order 289).

In accordance with paragraph 3 of Procedure 289, the responsibility for compliance with the requirements for informing lies with the licensing authority (in terms of informing the authorized bodies) and authorized body- LSG (in terms of informing stakeholders).

In accordance with paragraph 5 of Art. 200 of the Housing Code of the Russian Federation in the event that the decision of the general meeting of owners of premises in an MKD, held in accordance with the requirements of part 4 of this article, on the choice of a method for managing such a house is not adopted or not implemented, or the general meeting of owners of premises in an apartment building, which the local government is obliged to hold initiate in accordance with part 4 of this article, if the quorum was not held or did not have a quorum, the local government within three days from the date of holding this general meeting or after the expiration of the period specified in part 4 of this article is obliged to announce the holding open competition for the selection of the managing organization and hold this tender in the manner established by the Government of the Russian Federation, in accordance with part 4 of article 161 of the RF LC inwithin one month from the date of the announcement of this competition.

Paragraph 4 of Art. 161 of the LCD provides that local self-governments, in the manner established by the Government of the Russian Federation, hold an open competition for the selection of a managing organization in the cases specified in part 13 of this article (in new buildings) and part 5 of article 200 of this Code, as well as if within six months before the day of the said tender, the owners of the premises in the apartment building did not choose the way to manage this house, or if the decision made on the choice of the 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.

In the Letter of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated April 24, 2015 No. 12258-АЧ / 04 “On individual issues arising from the introduction of licensing entrepreneurial activity for the management of apartment buildings" states:

«… In order to prevent violation of the rights of citizens and create a threat to the safety of living in apartment buildings, licensing authorities need to ensure constant monitoring of the occurrence of situations in which, in relation to apartment building there is a risk of being left without management (hereinafter referred to as the “house without management”), as well as promptly informing local governments of the occurrence of such situations in writing in order to take measures aimed at ensuring the management of such apartment buildings.

... A situation in which the managing organization has ceased to manage an apartment building may result in damage to people's health, significant material losses and violation of the living conditions of people and in accordance with the Federal Law of December 21, 1994 No. territories from natural and man-made emergencies” (hereinafter referred to as Federal Law No. 68-FZ) may, in the opinion of the Russian Ministry of Construction, be considered as an emergency.

The local government body is obliged, in accordance with the procedure established by Federal Law No. 68-FZ, to inform the owners of premises in an apartment building about the decisions taken to prevent an emergency and the obligation to implement them.

Wherein, important point in the implementation of this option is the need for the simultaneous adoption by the local government of a decision to announce a tender in accordance with Rules No. 75, decisions provided for by Federal Law No. 68-FZ, as well as decisions on the determination of a temporary managing organization.

The Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) provides for liability for violation of competition law, according to which it is possible to bring local self-government officials to responsibility for inaction and failure to hold tenders for the selection of MA.

Responsibility comes under Article 14.9 of the Code of Administrative Offenses of the Russian Federation:

Under part 1 of the article - for actions (inaction) of officials of federal executive authorities, executive authorities of constituent entities of the Russian Federation, local authorities, other bodies or organizations performing the functions of the said persons, state off-budget funds, as well as organizations participating in the provision of state or municipal services, which are unacceptable in accordance with the antimonopoly legislation of the Russian Federation and lead or may lead to the prevention, restriction or elimination of competition, as well as to restriction of free movement of goods (works, services), freedom economic activity.

For part 2 - for the actions of officials specified in part 1 of article which are unacceptable in accordance with the antimonopoly legislation of the Russian Federation and lead or may lead to the prevention, restriction or elimination of competition, as well as to the restriction of the free movement of goods (works, services), freedom of economic activity, if such officials were previously subjected to administrative punishment for a similar administrative offense.

Judicial practice in such cases is very small, and fines are ten times less than for managers and other organizations.

Decision of the court of Khanty-Mansi Autonomous Okrug-Yugra dated November 15, 2017 in case No. 7-1309/2017(in favor official LSG due to the timing of prosecution) : “... In this case, K.S. failure to perform certain actions to take measures to select the managing organization within the period established by law is charged.

At the same time, this offense is not lasting, since the obligation to carry out actions related to the choice of a managing organization is established by the legislator within a strictly regulated time frame. Accordingly, the offense is not committed for a long time, but at once, that is, after the expiration of the period established by the legislator for holding a competition to select a managing organization.

Within the meaning of the law, the statute of limitations for bringing administrative responsibility for offenses for which the obligation provided for by a legal act has not been fulfilled by a certain time period, begins to flow from the moment the specified time period has come. In case of committing an offense expressed in the form of inaction, the period for bringing to responsibility shall be calculated from the day following the last day of the period provided for the performance of the relevant obligation. Failure to comply with the obligation stipulated by legal acts to due date indicates that the administrative offense is not lasting.

Thus, perfect K.S. the offense cannot be regarded as continuing, since he is involved in the failure to conduct a competition for the selection of the managing organization within the period established by law.

Decree of the Arbitration Court of the Volga District dated May 15, 2015 No. F06-23273/2015 in case No. A57-11884/2014: OFAS held local self-government authorities liable for not holding a tender for a newly commissioned house to select a managing organization to manage it.

Decree of the Supreme Court of the Republic of Kalmykia dated June 6, 2013 No. 4a-29/13: The head of the mayor's office was held accountable by the OFAS for not holding the competition, the courts of three instances agreed with the administrative body.

Decree 17ААС dated July 9, 2015 No. 17AP-7254/2015-Aku in case No. А71-2328/2015: The head of the administration was brought to responsibility by the OFAS for not holding the competition, the courts of three instances agreed with the administrative body.

Either local self-governments began to perform their duties properly in the last couple of years, or there are practically no ownerless houses, but I did not find the latest court practice in such cases when preparing the article (maybe I was looking in the wrong place).

Thus, although competitions for good new buildings and problem-free apartment buildings are not actually held (or are held “for show”), but upon termination of the MKD management contract due to the expiration of its term, the LSG is obliged to organize it within the time limits established by the Housing Code in the absence of a decision of the general meeting about the choice of the managing organization.

So, if local governments do not want to fulfill their duties on organizing work in time to determine the managing organization of an MKD, the MA and owners always have a theoretical opportunity to apply to the OFAS for protection of violated rights. And whether the managing organizations will take advantage of it or not is a matter of courage and relations with the local self-government of each leader.

The company "Burmistr.ru" offers its customers legal service. All information about the service.

Sincerely, Ilmira Nosik.

You can discuss the article and ask questions on or use the form below.

The apartment building must be under the control of the managing organization. However, many do not know where to go to find it and not make a mistake with the choice. There is a special competition for the management of MKD. In this article, you can learn more about this and about the features of the selection.

The competition for the selection of the managing organization of the MKD is held on the basis of article 161 of the LCD. This section specifies the requirements for organizations. It was also noted that apartment owners should decide on the type and method of regulation of house property.

Important! Government Decree Russian Federation dated 06.02.06 established all the subtleties of the process for the election of the Criminal Code. In accordance with this order, the order of the event is assigned.

On the official website of the city administration, you can find the rules governing the competition process.

The primary motive is the transfer of the building to free use by the tenants. time to pick management company, established by the state, starts counting from the moment the keys are issued to residents.

The second motive begins to operate when the time allotted to the owners expires, if the method of managing the house is not chosen. From that moment on, the regional enterprise controls the mode of conducting and carries out an open selection of the managing organization for the management of the MKD.

Two parties can act as the initiator. First, the homeowners themselves. And also the center of regional self-government can influence the implementation of the competition for the choice of the management company. The CC cannot freely organize meetings.

Also, tenants who refuse the services of a managing organization are required to choose new company.

Initially, tenants should find out about all applicants for the role of the Criminal Code of their home. Organizations can also "advertise" themselves by communicating with owners or distributing brochures. Often tenants argue about the choice of control method. To resolve the conflict, it is worth holding a small debate between the owners. When the main contenders are appointed, you should decide on the date of the event.

Important! The participants in the selection are two parties: the owners of apartments in the house and the authorized management company. Information about the competition can be communicated to the owners both by a general announcement at the stand, and by a personal invitation of each person. In case of a shortfall of votes among candidates, repeated elections are announced.

If the meeting is carried out thanks to the local government, then its representative must also be present at the event. If the tenants have a mixed opinion and their votes are strongly divergent, the administration representative chooses the winner.

Elections can be open or closed (by ballots). The peculiarity of the open competition is that the participants raise their hand, thereby voting for the desired applicant. The more hands raised, the more chances the organization has to win.

The basic rules for holding the event are spelled out in Article 161 of the RF LC. All voters must be familiar with this act in order to be ready for the event.

In the case of control of the competition by the local government, they take control of compliance with the above article. At the same time, the second party may not worry about the organizational part of the event and its compliance with the articles of the Russian Federation.

Ways to notify owners about the competition:

Personally invite residents to a meeting or invitation by using a mobile phone call/message.
Notification via mailbox.
Announcement on the stand.
News release in local newspaper/brochure.
Participants of the competition should be notified about its holding one month in advance.

Applications are submitted to a representative from the owners of apartments in the house. Some information should be written in them: the name of the Criminal Code, the cooperation program, responsible person, conditions and details for communication.

Components of the competition:

Competition subject. This unit is the money of homeowners. The winning company will provide a report on the funds spent, discussing the terms and purposes of these expenses.
Trade item. Simply put, the subject of bargaining is the money that the management company will receive for its activities. The remuneration of applicants can be completely different, there are no minimum or maximum values.
Members. The members of the selection are two parties. The first is the owners of the premises, the residents. And the second is the companies claiming to manage the MKD.

It is important to remember that at least 2/3 of the residents of the Moscow Ring Road must be at the competition. Otherwise, the event cannot be considered objective, since most of the owners were not present at it.

At the meeting, all applicants talk about their company. That is, there are auctions. They discuss all the benefits of cooperation with them. As evidence of their rightness and the benefits of working with them, they can give examples of their work with other houses. If desired, indicate the shortcomings of rival organizations. There are no specific rules for these auctions.

After part of the performance, voting begins. Its appearance is chosen by the voters. If the type of ballots is selected, then they cannot be thrown away after the votes have been counted. They may still be needed to prove the reliability of the result.

Participants have the right to disagree with the results of the open competition if they suspect fraud in the counting of votes. To appeal the results, you should use the appeal of the city court. As evidence, ballots or video recordings from the event should be provided (you should take care of installing video cameras in advance, this will greatly facilitate and shorten the consideration of the case in court). If there were no video cameras at the site, several witnesses will be required in court to confirm the data.

If in the process of considering the case at the event violations are really revealed, the court will close the case. The decision in this case will be positive for the apartment owners. After that, it will be necessary to conduct a second vote, the event will be attended by the representative of the administration.

If both parties agree on the outcome, the open competition for the management of the apartment building begins the final stage, the signing of the contract. At this stage, there should be:

Representative of the managing organization.
Representative of the owners (or representatives).
Notary. He must check the signed document, certify it.

Before signing the contract for managing an apartment building, the parties once again agree on the conditions and obligations of each. It is also important to find out what the motives for canceling a document may be in order to be prepared for this. The representative of the owners, after consulting with them beforehand, can discuss the wishes. It is important to talk about the chosen method of managing this house. After that, with the agreement of the parties, the document is signed.

2 copies are created - one for the representative of the managing organization, and the second for the representative of the apartment owners. If desired, you can create the required number of copies to distribute them to all residents.

From the moment of conclusion of the contract, the competition for the selection of the management company ends.

Summing up some results, we can say that the procedure for holding a competition for choosing a managing organization for an apartment building is a fairly simple regulation. One of the main parts is to choose the right applicants to ensure a good future at home.

The managing organization wants to oblige the owner of the premises to conclude an MKD management agreement

The managing organization wants to recognize the actions of the local government to select the managing organization to manage the MKD as illegal, since the owners of the premises have already chosen the managing organization

The owner of the premises wants to compensate for the losses incurred by him as a result of emergency in MKD

The management company was ordered to stop managing the apartment building

The new management organization wants to recover money from the predecessor for the repair (maintenance) of the common property of an apartment building

See all situations related to art. 161 ZhK RF MKD

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.

(see text in previous edition)

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 of individuals, property of legal entities, state and municipal property;

3) 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.

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.

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.

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;

(see text in previous edition)

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 supplies solid fuel in the presence of stove heating), municipal solid waste management, 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 common property in an apartment building, the rules for providing, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings.

(see text in previous edition)

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 for the maintenance of common property in an apartment building, for the provision of public 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 the cases provided for in 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.

(see text in previous edition)

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.

(see text in previous edition)

ConsultantPlus: note.

If you change the method of managing an MKD or choose a managing organization, you can decide to maintain the previous procedure for the provision of utility services and payments for them (Federal Law of 06/29/2015 N 176-FZ).

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

(see text in previous edition)

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 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 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 the apartment building, specified in the decision of the general meeting of owners of premises in the apartment building on the choice direct way of managing the apartment building, or, if such owner is not specified, to any owner of the premises in such an apartment building.

4. The local self-government body, in accordance with the procedure established by the Government of the Russian Federation, holds an open tender 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.

(see text in previous edition)

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 website 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 holding of the specified 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.

(see text in previous edition)

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.

(see text in previous edition)

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.

(see text in previous edition)

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 the provided public utilities by placing it 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 that performs the functions of developing and implementing 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 another period for posting this information in the system is established federal law.

(see text in previous edition)

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 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.

(see text in previous edition)

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.

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 in the maintenance of common property in an apartment building, with resource-supplying organizations that carry out cold and hot water supply, sewerage, electricity, gas supply (including domestic gas supplies in cylinders), heating (heat supply, including solid fuel supplies in the presence of stove heating), and a regional operator for handling solid communal 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, part 4 of this article 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.

part 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 .

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.

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.

(see text in previous edition)

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.

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 the management of an apartment building until the owners of the premises in the apartment building choose a method for managing the apartment building or until the conclusion of an agreement on the management of the apartment building with a management organization determined by the owners of the premises in the 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.

57. The applicant has the right to change or withdraw the application for participation in the competition at any time immediately before the start of the procedure for opening envelopes with applications for participation in the competition. The organizer of the competition returns the funds deposited as security for the application for participation in the competition to the applicant who withdrew the application for participation in the competition within 5 working days from the date of receipt competition organizer withdrawal notices.

59. In the event that before the start of the procedure for opening envelopes with applications for participation in the competition, no application for participation in the competition has been submitted, the organizer of the competition, within 3 months from the date of the deadline for submitting applications, conducts new competition in accordance with these Rules. At the same time, the organizer of the tender has the right to change the conditions for holding the tender and is obliged to increase the estimated amount of the fee for the maintenance and repair of the residential premises by at least 10 percent, in this case the amount of the fee for the maintenance and repair of the residential premises cannot exceed the amount of the fee for the maintenance and repair of the residential premises , which is established by the local government (in the constituent entities of the Russian Federation - the cities of federal significance Moscow, St. municipalities) in accordance with Part 3 of Article 156 of the Housing Code of the Russian Federation, more than 1.5 times.

VII. The procedure for considering applications for participation in the competition

60. Applicants or their representatives have the right to be present at the opening of envelopes with applications for participation in the competition. Immediately before opening the envelopes with applications for participation in the competition, but not earlier than the time specified in the notice of the competition and in the competition documentation, the competition commission is obliged to announce to the persons present at the opening of such envelopes about the possibility of changing or withdrawing the submitted applications, as well as submit an application for participation in the tender to replace the withdrawn one before the start of the envelope opening procedure.

63. Name (for legal entity), last name, first name, patronymic (if any) (for individual entrepreneur) of each applicant, the envelope with the application for participation in the competition of which is opened, information and information on the availability of documents provided for by the competition documentation, are announced at the opening of the envelopes and recorded in the protocol for opening the envelopes with applications for participation in the competition.

64. When opening envelopes with applications for participation in the competition, the competition commission has the right to demand from the applicant present at its meeting clarifications of the information contained in the documents submitted by him and in the application for participation in the competition. In this case, it is not allowed to change the application for participation in the competition. The tender commission is not entitled to present Additional requirements to the applicants. It is not allowed to change the requirements for applicants provided for by the tender documentation. These clarifications are entered into the protocol for opening envelopes with bids for participation in the tender, drawn up in the form in accordance with Appendix No. 6 (hereinafter referred to as the protocol for opening envelopes).

65. The protocol of opening the envelopes is kept by the tender committee and signed by all members of the tender committee present immediately after opening all the envelopes. The protocol is posted on the official website by the organizer of the competition or on his behalf by a specialized organization on the day of its signing.

66. The organizer of the competition is obliged to make an audio recording of the procedure for opening envelopes with applications for participation in the competition. Any person present at the opening of envelopes with applications for participation in the competition has the right to make an audio and video recording of the opening procedure.

67. Envelopes with applications for participation in the competition, received after the beginning of the procedure for opening envelopes, are returned by the organizer of the competition to applicants on the day they are received. The organizer of the competition returns the funds deposited as security for the application for participation in the competition to the specified persons within 5 working days from the date of signing the protocol of opening the envelopes.

70. Based on the results of consideration of applications for participation in the competition, the competition commission decides to recognize the applicant as a participant in the competition or to refuse admission of the applicant to participate in the competition on the grounds provided for in paragraph 18 of these Rules. The tender commission draws up a protocol of consideration of applications for participation in the competition in the form in accordance with Appendix No. 7, which is signed by the members of the competition commission present at the meeting on the day the consideration of applications for participation in the competition ends.

The text of the specified protocol on the day of the end of consideration of applications for participation in the competition is posted on the official website by the organizer of the competition or, on his behalf, by a specialized organization.

Applicants not admitted to participate in the tender are notified of the decisions made by the tender commission no later than 1 business day following the day of signing the protocol for considering applications for participation in the tender.

71. If only one applicant is recognized as a participant in the competition, the organizer of the competition, within 3 working days from the date of signing the protocol for considering applications for participation in the competition, transfers to this applicant a draft apartment building management agreement, which is part of the competition documentation. At the same time, the contract for the management of an apartment building is concluded on the terms of the performance of works and services specified in the notice of the tender and tender documentation, for a fee for the maintenance and repair of the residential premises, the amount of which is indicated in the notice of the tender. Such a bidder is not entitled to refuse to conclude an agreement on the management of an apartment building.

72. Funds deposited as security for an application for participation in the competition are returned sole participant competition within 5 working days from the date of submission to the organizer of the competition of the draft agreement signed by him for managing an apartment building and ensuring the fulfillment of obligations. If the tender organizer fails to submit to the tender organizer, within the period stipulated by the tender documentation, the draft contract for managing an apartment building signed by the tender participant, as well as ensuring the fulfillment of obligations, such a tender participant is recognized as evading the conclusion of the contract for managing an apartment building and the funds contributed by him as security for the application for participation in the tender, are not returned.

73. If, based on the results of consideration of applications for participation in the competition, a decision is made to refuse admission to participation in the competition of all applicants, the organizer of the competition shall conduct a new competition within 3 months in accordance with these Rules. In this case, the organizer of the competition has the right to change the conditions of the competition.

The organizer of the competition returns the funds deposited as security for the application for participation in the competition to applicants who are not admitted to participate in the competition within 5 working days from the date of signing the protocol for considering applications for participation in the competition.

VIII. Competition procedure

74. Only persons recognized as participants in the competition in accordance with the protocol for considering applications for participation in the competition can participate in the competition. The organizer of the competition is obliged to provide the participants of the competition with the opportunity to take part in the competition directly or through representatives. The organizer of the competition is obliged to make an audio recording of the competition. Any person present during the competition has the right to make audio and video recording of the competition.

76. The participants of the tender propose to establish the amount of the fee for the maintenance and repair of the residential premises for the implementation of the list of works and services provided for in subparagraph 4 of paragraph 41 of these Rules, which is less than the amount of the fee for the maintenance and repair of the residential premises specified in the notice of the tender, with a step-by-step reduction in the amount of payment for the maintenance and repair of residential premises by 0.1 percent (hereinafter referred to as the proposal).

In the event that after three times the announcement of the offer, which is the smallest in terms of the amount of the payment for the maintenance and repair of the residential premises (relative to that specified in the notice of the tender), none of the participants in the tender makes another proposal to reduce the amount of the payment for the maintenance and repair of the residential premises, the tender The commission announces that the tender participant who made the last offer is declared the winner of the competition.

77. During the competition, it is allowed to reduce the amount of the fee for the maintenance and repair of residential premises by no more than 10 percent of the amount of the fee for the maintenance and repair of the residential premises specified in the notice of the tender. In the event of a decrease in the specified amount of payment for the maintenance and repair of residential premises by more than 10 percent, the tender is declared invalid, which entails the obligation of the tender organizer to hold a new tender in accordance with these Rules. At the same time, the organizer of the tender has the right to change the conditions for holding the tender and is obliged to reduce the estimated amount of the payment for the maintenance and repair of the dwelling by at least 10 percent.

83. The organizer of the competition, within 3 working days from the date of approval of the protocol of the competition, transfers to the winner of the competition one copy of the protocol and a draft contract for the management of an apartment building.

At the same time, the cost of each work and service included in the list of works and services provided for in subparagraph 4 of paragraph 41 of these Rules, indicated in the contract for managing an apartment building, is subject to recalculation based on the fact that the total cost of work and services should be equal to the payment for the maintenance and repair of residential premises, the size of which is determined by the results of the tender, in cases where the tender participant is recognized as the winner in accordance with clauses 76 and these Rules.

85. The organizer of the competition is obliged to return, within 5 working days from the date of approval of the protocol of the competition, the funds contributed as security for the application for participation in the competition to the participants in the competition who did not become winners of the competition, with the exception of the participant in the competition who made the penultimate offer for smallest size payment for the maintenance and repair of residential premises, to which the funds are returned in the manner prescribed by paragraph 95 of these Rules.

86. The participant of the competition, after posting the protocol of the competition on the official website, has the right to send to the organizer of the competition in writing a request for clarification of the results of the competition. The organizer of the competition within 2 working days from the date of receipt of the request is obliged to provide such a participant in the competition with the relevant explanations in writing.

88. Minutes drawn up during the competition, applications for participation in the competition, competition documentation, changes made to the competition documentation and explanations of the competition documentation, as well as audio recordings of the procedure for opening envelopes with applications for participation in the competition and holding the competition are stored by the organizer of the competition in for 3 years.

89. The organizer of the competition, within 10 working days from the date of approval of the protocol of the competition, notifies all owners of premises in an apartment building and persons who have accepted the premises of the results of an open competition and the terms of the contract for managing this house by posting a draft contract in the manner prescribed by paragraph 40 of these Rules .

IX. Conclusion of an agreement on the management of an apartment building based on the results of a tender

90. The winner of the tender, the participant of the tender in the cases provided for in paragraphs 71 and these Rules, within 10 working days from the date of approval of the protocol of the tender, submits to the organizer of the tender a draft agreement for the management of an apartment building signed by him, as well as a security for the fulfillment of obligations.

91. The winner of the tender, the participant of the tender in the cases provided for in clauses 71 and these Rules, within 20 days from the date of approval of the tender protocol, but not earlier than 10 days from the date of posting the tender protocol on the official website, sends the draft contracts for the management of the multi-apartment the house to the owners of premises in an apartment building and the persons who accepted the premises, for the signing of these contracts in the manner prescribed by Article 445 of the Civil Code of the Russian Federation.

92. In the event that the winner of the tender, within the period provided for in paragraph 90 of these Rules, did not submit to the organizer of the tender a draft agreement for the management of an apartment building signed by him, as well as security for the fulfillment of obligations (a notarized copy of the liability insurance agreement or the deposit pledge agreement or an irrevocable bank guarantee ), he is recognized as having evaded the conclusion of an agreement on the management of an apartment building.

93. If the winner of the competition, recognized as the winner in accordance with paragraph 76 of these Rules, is recognized as having evaded concluding an agreement on the management of an apartment building, the organizer of the competition proposes to conclude an agreement on the management of an apartment building to the participant in the competition who made the previous offer for the smallest amount of payment for the maintenance and repair of residential premises .

If the winner of the competition, recognized as the winner in accordance with clause 78 of these Rules, is recognized as having evaded concluding an agreement on the management of an apartment building, the organizer of the competition proposes to conclude an agreement on the management of an apartment building to the participant in the competition who proposed the same amount of payment for the maintenance and repair of the residential premises as the winner of the competition and submitted application for participation in the competition next after the winner of the competition.

95. The funds contributed as security for the application for participation in the competition are returned to the winner of the competition and the participant in the competition who made the previous offer for the smallest amount of payment for the maintenance and repair of the residential premises, within 5 working days from the date of submission to the organizer of the competition of the project signed by the winner of the competition contracts for managing an apartment building and ensuring the fulfillment of obligations.

96. The winner of the tender in the cases provided for in paragraphs 76 and these Rules (the participant in the tender in the cases provided for in paragraphs 71 and these Rules) undertakes to perform works and services included in the list of works and services provided for in subparagraph 4 of paragraph 41 of these Rules , for a fee for the maintenance and repair of residential premises in the amount proposed by such a winner (such a participant) of the competition.

Appendix No. 1
to the Rules for conducting local

I approve ____________________________________________________________ (position, full name of the head of the body ____________________________________________________________ of local self-government, which is the organizer of the competition, ____________________________________________________________ postal code and address, telephone, ____________________________________________________________ fax, address Email) "____" _________________ 200___ (approval date) on the state of the common property of the owners of premises in apartment building that is the object of the competition I. General information about the apartment building 1. Address of the apartment building _____________________________________ 2. Cadastral number of the apartment building (if any) _______ 3. Series, type of construction ____________________________________________ 4. Year of construction ___________________________________________________ 5. Degree of wear according to state technical accounting ____ ____________________________________________________________________________ 6. Degree of actual wear _____________________________________ 7. Year last overhaul _____________________________ 8. Requisites legal act on recognizing an apartment building as emergency and subject to demolition ____________________________________________ 9. Number of floors _______________________________________________ 10. Basement _______________________________________________ 11. Basement floor _______________________________________ 12. Attic _______________________________________________ 13. Mezzanine ______________________________________________ 14. Number of apartments _______________________________________________ 15. Number non-residential premises not included in the common property _______________________________________________________________ 16. Details of the legal act on the recognition of all residential premises in an apartment building as unfit for habitation ________________________ _______________________________________________________________________________ 17. The list of residential premises recognized as unsuitable for habitation (indicating the details of legal acts on the recognition of residential premises as unfit for habitation) ____________________________________________ 18. Building volume ______________________________ cub.m 19. Area: a) apartment building with loggias, balconies, closets, corridors and stairwells _____________________________________________ sq.m b) residential premises (total area of apartments) ____________________ sq.m c) non-residential premises ( total area of non-residential premises that are not part of the common property in an apartment building) ___________________ sq.m d) common areas ( total area of non-residential premises that are part of the common property in an apartment building) ___________________ sq.m 20. Number of stairs _________________________________________ pcs. 21. Cleaning area of stairs (including inter-apartment landings) _________________________________ sq.m 22. Cleaning area of common corridors _________________________ sq.m 23. Cleaning area of other common areas (including technical floors, attics, technical basements) ___________ sq.m 24. Area land plot, which is part of the common property of an apartment building __________________________________________________ 25. Cadastral number of the land plot (if any)

II. Technical condition of an apartment building, including extensions

Name of structural elements		Description of elements (material, structure or system, finish, etc.)	The technical condition of the elements of the common property of an apartment building

Foundation
External and internal main walls
Partitions
Overlappings
	attic
	interfloor
	basement








	internal
	outdoor

Mechanical, electrical, sanitary and other equipment
	floor baths
	electric stoves
	telephone networks and equipment
	wire broadcasting networks
	signaling
	garbage chute

	ventilation

Intra-house engineering communications and equipment for the provision of public services
	electricity supply
	cold water supply
	hot water supply
	drainage
	gas supply
	heating (from external boilers)
	heating (from the house boiler)

	heaters

___________________________________________________________________________ (position, full name of the head of the local self-government body authorized to establish _________________________________________________________________________ technical condition apartment building, which is the object of the competition) _____________________ ______________________ (signature) (full name) "_____" ______________________ 200__ M.P.

Appendix No. 2
to the Rules for conducting local
self-government open tender for
selection of the managing organization for
apartment building management
(as amended April 3, 2013, December 14, 2018)

Scroll
works and services for the maintenance and repair of the common property of the owners of premises in an apartment building, which is the object of the competition

8. The amount of payment for the maintenance and repair of residential premises in an apartment building: _______________________________ rubles per sq. meter. (in numbers and words)

10. The participant of the competition who made the previous proposal on the amount of payment for the maintenance and repair of the residential premises: __________________________ ______________________________________________________________________________. (name of organization or full name of individual entrepreneur)

11. The participant of the competition who offered the same amount of payment for the maintenance and repair of the living quarters as the winner of the competition and who submitted an application for participation in the competition next after the winner of the competition: _______________________________________________________________________________ ______________________________________________________________________________. (name of the organization or full name of the individual entrepreneur) This protocol is drawn up in 3 copies on ______ sheets.

Chairman of the commission: ____________________________ ____________________________ (signature) (full name) Members of the commission: ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ (signature) (full name) "___" _____________ 20___ M.P. The winner of the competition: _______________________________________________________________________________ (position, full name of the head of the organization or full name of an individual entrepreneur) ____________________________ ____________________________ (signature) (full name) "___" ____________ 20___ M.P.

Common property must be properly maintained and serviced in a timely manner. Management organizations undertake this work, but among them it is not easy to find one that will honestly provide its services. To select a management company, competitions are held for the management of an apartment building. Several candidates may participate at the same time. The winner is determined by a vote of residents.

First, it is necessary to form a commission, appoint a presiding person, and agree on the procedure for work. We cannot allow the commission to include people who have a direct interest in the outcome of the vote.

After 5 days, you need to post information about the auction. There is a site torgi.gov.ru specially for such publication.

The notification is created at least 1 month before the day when applications for participation will no longer be accepted.

On the site torgi.gov.ru you need to place information about the auction.

The publication must include the following information:

regulatory framework;
information about the organizer, contacts;
characteristics of an apartment building;
a list of works that are required for the object;
the calculated amount of payments for the maintenance of a residential apartment building;
site with tender documentation;
application rules;
address and date of opening of participants' envelopes;
day and place of trading;
amount of the security deposit.

All tenants are notified 25 days prior to the printing of applications for a house management competition.

After the commissioning of new buildings, tenants should start selecting a managing organization. This also applies to residents of MKD, who refused the services of the previous management company and have not yet chosen a new company. If the company is not determined within 1 month, the city administration controls the competition for the management of the MKD.

The rules of the competition say that the initiators are the owners of apartments or representatives of the municipality. The CCs themselves should not hold meetings, they are allowed to talk to residents and hand out advertising brochures. After the appointment of the main contenders for the management of the house has passed, the organizer determines the date of the competition.

The choice of the management company takes place by open or closed voting of residents. In the first variant, participants raise their hands for the applicants, in the second, ballots are distributed.

According to Art. 161 of the Housing Code of the Russian Federation, the owners of premises in the MKD are supposed to elect the Criminal Code for the management of common house property.

In conducting the auction, the organizers are guided by the relevant Rules, which were approved by the Government of the Russian Federation (Decree No. 75 of 06.02.06). Paragraph No. 3 says that within one month it is necessary to elect the Criminal Code, otherwise the local administration independently appoints a house management company.

Decree of the Russian Federation No. 75, paragraph 3

Each municipality develops and approves its own regulations. To get acquainted with them, you need to go to the website of the administration of the settlement.

In the competition for the selection of the management company, all participants need to compete fairly with each other. If this condition is violated, then a claim is drawn up and sent to the FAS.

For each participant, uniform rules are observed, regardless of the form of ownership. All information about the competition must remain open and understandable to every tenant. It is up to a specially created commission to announce the result of the selection.

The organization that won the competition for the management of MKD is obliged to use the money of apartment owners exclusively for their needs: ensuring security, living comfort, repairing the house. Homeowners have the right to request a detailed expense report.

The owners of the premises are notified of the competition using:

personal invitation;
a call to a mobile phone;
email notifications;
printed advertisement at the stand;
publications in local media.

It is required to notify participants about upcoming auctions 1 month before they are held. All candidates submit applications for participation to a representative of the owners. They should include the following information:

name of the Criminal Code;
cooperation plan;
responsible officer;
Contact details.

For the successful completion of the competition, mandatory participation in the voting of at least 2/3 of the inhabitants of the MKD is required. Otherwise, the auction may be considered not objective.

During the competition, each applicant talks about his management company, what benefits the owners will receive from cooperation. Information about work with other MKD is given as evidence. If there is a desire, then the representative of the Criminal Code can voice the negative sides of the rivals.

After the speeches of all the participants, the tenants begin to vote. If elections are held with the help of ballots, then it is forbidden to get rid of them after the announcement of the winner. They are necessary to confirm the result.

For 20 days, the Criminal Code must conclude a contract with the tenants for the maintenance of the house. If during this time the winner does not carry out the specified actions, he is automatically released from the management of the MKD.

The management company must conclude an agreement with the tenants of the MKD in 20 days.

Then the title of winner goes to another bidder who provides the largest number maintenance services for a fee indicated in the announcement by the organizer. If this Criminal Code does not provide a signed agreement, then it may be required to fulfill obligations through a judicial authority.

If only one applicant took part in the competition, then if he evades, the organizer has the right through the court to oblige him to sign the contract or recover damages.

Name of works and services

Periodicity of performance of work and provision of services

Annual fee (rubles)

Cost per 1 sq. meter of total area (rubles per month) ________________________________________________________________________, (legal form, name/ brand name organization or full name individual, document data, certifying identity) ______________________________________________________________________________, (location, postal address of the organization or place of residence of an individual entrepreneur) _______________________________________________________________________________ (phone number) declares participation in the competition for the selection of a management organization to manage an apartment building (s) located at: ____________________________________________ ________________________________________________________________________. (address of the apartment building) Funds deposited as security for the application for participation in the competition, please return to the account: ____________________________________ ______________________________________________________________________________. (bank account details) 2. Bidder's proposals under the terms of an apartment building management agreement ___________________________________________________________________________ (description of the method proposed by the applicant as a condition of the contract _____________________________________________________________________________ for the management of an apartment building for the payment by _______________________________________________________________________________ of the owners of premises in an apartment building and tenants of residential premises under a social tenancy agreement and a contract for the rental of residential premises of state or municipal housing stock for the maintenance and repair of residential premises and utilities) The payment by owners of premises in an apartment building and tenants of residential premises under a social tenancy agreement and an agreement on the rental of residential premises of state or municipal housing stock for the maintenance and repair of residential premises and utility bills is proposed to be paid to the account of ___________________________________ _______________________________________ __________________________________ (details of the bank account of the applicant) Hereby __________________________________________________________ (organizational and legal form, name (company name) _______________________________________________________________________________ organization or full name an individual, details of an identity document) agrees to be included in the list of organizations for managing an apartment building, in respect of which the owners of premises in an apartment building have not chosen a way to manage such a house or the chosen method of management has not been implemented, a managing organization has not been determined, in accordance with The rules for determining the managing organization for managing an apartment building, in respect of which the owners of the premises in the apartment building have not chosen the method of managing such a house or the chosen method of management has not been implemented, do not determine the managing organization, approved by Decree of the Government of the Russian Federation of December 21, 2018 N 1616 "On approval of the Rules for determining the managing organization for the management of an apartment building, in respect of which the owners of the premises in the apartment building have not chosen the method of managing such a house or the chosen method of management has not been implemented , the managing organization has not been determined, and on the introduction of amendments to certain acts of the Government of the Russian Federation. The following documents are attached to the application: 1) an extract from the Unified State Register of Legal Entities (for a legal entity), an extract from the Unified State Register of Individual Entrepreneurs (for an individual entrepreneur): _____________________________________________________________________________ (name and details of documents, number of sheets) ____________________________________________________________________________; 2) a document confirming the authority of a person to act on behalf of a legal entity or an individual entrepreneur who submitted an application for participation in the competition: _____________________________________________________________________________ (name and details of documents, number of sheets) ______________________________________________________________________________; 3) documents confirming the entry Money as security for the application for participation in the competition: _____________________________________________________________________________ (name and details of documents, number of sheets) ____________________________________________________________________________; 4) copies of documents confirming the applicant's compliance with the requirement established by subparagraph 1 of paragraph 15 of the Rules for holding an open tender by a local government body for the selection of a management organization to manage an apartment building, if the federal law establishes requirements for persons performing work, rendering services stipulated by the contract management of an apartment building: _____________________________________________________________________________ (name and details of documents, number of sheets) ____________________________________________________________________________; 5) approved balance sheet for Last year: _________________________________________________________________________ (name and details of documents, number of sheets) ________________________________________________________________________. ___________________________________________________________________________ (position, full name of the head of the organization or full name of an individual entrepreneur) ________________________ _______________________________________ (signature) (full name) "_____" ______________________ 200___ M.P.

Appendix No. 5
to the Rules for conducting local
self-government open tender for
selection of the managing organization for
apartment building management
Receipt on receipt of an application for participation in the competition for the selection of a manager This receipt is issued to the applicant ______________________________ _________________________________________________________________________ (name of organization or full name of an individual entrepreneur) _______________________________________________________________________________ that, in accordance with the Rules for holding an open competition by a local government body for the selection of a management organization for managing an apartment building, approved by resolution of the Government of the Russian Federation of February 6, 2006 N 75, _________________________________________________________________________ (name of the organizer of the competition) accepted (a) from him (her) a sealed envelope with an application for participation in an open competition for the selection of a management organization to manage an apartment building (apartment buildings) _________________________ ___________________________________________________________________________ (address of the apartment building) The application was registered on "____" ____________ 200__ in __________________ _______________________________________________________________________________ (name of the document in which the application is registered) under the number ____________________________________________________________. The person authorized by the organizer of the competition to accept applications for participation in the competition
Appendix No. 6
to the Rules for conducting local
self-government open tender for
selection of the managing organization for
apartment building management
Protocol opening envelopes with applications for participation in the competition for the selection of a manager organizations for the management of an apartment building We, members of the competition commission for holding an open competition for the selection of a managing organization for managing an apartment building located at ________________________________________________, chairman of the commission: _____________________________________________ (full name) members of the commission: __________________________________________________________ __________________________________________________________ ___________________________________________________, (full name of members Commission) in the presence of applicants: _____________________________________________________________________________ _________________________________________________________________________ (name of organizations, position, full name of their representatives or full name of individual entrepreneurs) drew up this protocol stating that at the time of opening the envelopes with applications for participation in the competition, the following applications: 1. ________________________________________________________________ 2. ___________ ________________________________________________________ 3. ________________________________________________________________. (name of the applicants, number of pages in the application) Explanation of the information contained in the documents submitted by the applicants: _________________________________________________________ _______________________________________________________________________________ ____________________________________________________________________________. This protocol is drawn up in two copies on _____ sheets. Chairman of the commission: _______________________________________________ (full name, signature) Members of the commission: ____________________________________________________ ____________________________________________________ ____________________________________________________ (full name, signature) "____" ________________ 200 ___ M.P.
Appendix No. 7
to the Rules for conducting local
self-government open tender for
selection of the managing organization for
apartment building management

Protocol
consideration of applications for participation in the competition for the selection of a manager organizations for the management of an apartment building We, members of the competition commission for holding an open competition for the selection of a managing organization for managing an apartment building located at ________________________________________________, chairman of the commission: _____________________________________________ (full name) members of the commission) in the presence of applicants: _____________________________________________________________________________ (name of organizations, position, full name of their representatives or full name of individual entrepreneurs) _____________________________________________________________________________ drew up this protocol stating that, in accordance with the protocol for opening envelopes with applications for participation in the competition received applications for participation in the competition about t the following organizations and individual entrepreneurs: 1. _________________________________________________________________ 2. ________________________________________________________________. (name of applicants, number of pages in the application) Based on the decision of the competition commission, the following applicants were recognized as participants in the competition: 1. _________________________________________________________________ 2. ________________________________________________________________. (name of organizations or full name of individual entrepreneurs, justification decision) Based on the decision of the competition commission, the following applicants were not allowed to participate in the competition: 1. _________________________________________________________________ (name of organizations or full name of an individual entrepreneur) in connection with ________________________________________________________________ (reason for refusal) 2. _________________________________________________________________ (name of organizations or full name o. individual entrepreneurs) in connection with _____________________________________________________________. (reason for refusal) This protocol is drawn up in two copies on _________ sheets. Chairman of the commission: _______________________________________________ (full name, signature) Members of the commission: ____________________________________________________ ____________________________________________________ ____________________________________________________ (full name, signature) "____" ________________ 200 ___ M.P.
in order

Name of company

The amount of payment for the maintenance and repair of residential premises

(rubles per sq. meter)

Date and time of submission of the application for participation in the competition

It happens that the owners do not agree with the outcome of the vote in the competition for managing the house. To appeal the result of the auction, you must file a lawsuit in court. Bulletins or video recordings are provided as evidence. In the absence of it, several witnesses are required to confirm the data.

Expert opinion

Mironova Anna Sergeevna

Generalist lawyer. Specializes in family matters, civil, criminal and housing law