The concept of “management company” is often used in business, and the participants in the discussion are not always talking about the same thing. Difficulties arise at the beginning of a project, when it is not entirely clear to the performers what the bosses agreed on. To understand the status of such a legal entity and choose the right strategy for the project, the author provides a list of forms and types of legal entities, which are most often called a “management company.”
Management company - the parent company of the holding
In this case, a management company is understood as a legal entity that has a predominant participation in the authorized capitals of other legal entities of the holding (by holding the author means a group of companies). In other words, this is the parent company of the holding.
The term “management company” is used in connection with the use by the parent company of the tools provided by law corporate governance in order to ensure management influence on subsidiaries. Such management influence is carried out through ensuring the representation of the ultimate owners of the business in the highest management bodies of subsidiaries. The management company, thus, through its representatives, determines the decisions taken by the collegial management bodies of the subsidiary joint stock company.
Management company - management organization
In accordance with paragraph 1 of Art. 69 of the Federal Law of December 26, 1995 No. 208-FZ “On Joint Stock Companies”, by decision of the general meeting of shareholders, the powers of the sole executive body companies can be transferred under an agreement to a commercial organization (management organization) or individual entrepreneur(to the manager).
The company, the powers of the sole executive body of which have been transferred to the management organization or manager, acquires civil rights and assumes civil responsibilities through a management organization or manager in accordance with paragraph one of paragraph 1 of Article 53 of the Civil Code Russian Federation.
The same norm is contained in Article 42 of the Federal Law of 02/08/1998 No. 14-FZ (as amended on 12/06/2011) “On Limited Liability Companies”.
Thus, the so-called “management company” (correctly - management organization) performs the functions of the sole executive body on the basis of an agreement concluded with the managed legal entity.
The “management company”, as a rule, is one of the legal entities of the holding.
Place management company in the corporate structure of the holding is not a fundamental aspect: the manager can be either the parent company of the holding (subholding) or one of the subsidiaries. In rare cases, the management company becomes a third-party legal entity that professionally provides management services.
Most often, the functions of the sole executive body are transferred to a management company in holdings where there are several legal entities with the same type of functionality.
Also, a single management company is found in a group of legal entities within which the functionality of one business process is distributed (operating company, logistics center, profit center, etc.).
In addition, a group of companies can be managed either by a single management organization or by several, depending on the purposes of using this instrument and a number of other factors. A single management organization is more suitable for sparsely branched single-industry holdings, while in holdings with a heterogeneous sectoral structure and territorial dispersion of business units, it makes sense to distribute management functions between several management organizations that perform non-productive functions in relation to organizations under their jurisdiction, united by industry or territorial basis.
In some cases, the mechanism for transferring the powers of the sole executive body to the management company is not related to the construction of a management vertical in the holding. The basis for making such a decision may be the desire to increase the efficiency of business management (an example would be the transfer of a hotel building to the management of a company managing a chain of hotels), the need to implement a complex business project (RAO UES used such a mechanism during its reorganization), etc.
Management company - design company
A management company as a project company is usually created “from scratch” by several (usually two, rarely three or more) legal and/or individuals for implementation specific project, concept or business idea, for example, for implementation new technology in any industry/production.
In this case, the term “management company” implies that the created legal entity will manage the project throughout the entire period of its implementation (plan, organize, attract third parties, control the timing of the project, “master” the project budget, etc.).
Most often through participation in the authorized capital design company the owner of material resources (land, production equipment, etc.), the owner of intellectual resources/ideas and the investor providing cash for the implementation of the project (the latter is often public legal entities).
To correctly select the organizational and legal form of the legal entity being created, the parties need to resolve the issue of the degree and method of participation in the project of each participant, the purpose of creation and activities of the project company.
For the purposes of implementing a commercial project, a management company can only be created in the form of a commercial organization, since in relation to non-profit organizations the law establishes restrictions on conducting entrepreneurial activity(clause 3 of article 50 of the Civil Code of the Russian Federation), as well as a ban on the distribution of profits among participants (clause 1 of article 50 of the Civil Code of the Russian Federation, article 2 of the Law on NPOs).
From the point of view legal features The LLC design is more flexible compared to the JSC design (CJSC, JSC) - LLC participants are provided with more discretionary opportunities for regulation corporate relations in the field of LLC management and financing. The main advantages of the LLC design over the JSC (ZAO, JSC) design are as follows:
1) the creation of an LLC and the change in its authorized capital are not complicated by emission procedures (issue and placement of securities);
2) financing of an LLC can be carried out using an additional special mechanism (participants making contributions to the property of the LLC without increasing the authorized capital of the LLC and changing the shares of participants);
3) the possibility of expanding (in comparison with the law) the competence of the general meeting of participants;
4) the possibility of determining the procedure for electing the board of directors and audit commission(by simple majority of votes or cumulative voting);
6) the possibility of expelling an unscrupulous participant from the LLC.
However, when creating a project company in the form of an LLC, the following must be taken into account:
1) the law establishes restrictions on the participation of public legal entities in the authorized capital of an LLC;
2) JSC traditionally inspires more confidence on the part of investors, as well as authorities state power due to more stringent formalization of corporate procedures provided for specified form. In case of participation of a public legal entity in the authorized capital of the project company:
1) a project company can only be created in the form of an OJSC, since the norms of the current legislation (paragraph 2 of paragraph 4 of Article 66 of the Civil Code of the Russian Federation, paragraph 4 of Article 7 of the Law on JSC, Article 7 of the Law on LLC), as well as judicial practice (paragraph 5 of the Resolution of the Supreme Arbitration Court RF dated November 18, 2003 No. 19) provide that a public legal entity cannot act as a founder (participant) of organizations of other forms (including LLCs and CJSCs);
2) in accordance with paragraph 2 of Article 80 of the Budget Code of the Russian Federation, budget investments planned to be provided to legal entities in the form of a contribution to their authorized capitals, are approved by the budget law by including in the budget law an article indicating the legal entity, the volume and purpose of the allocated budget allocations.
Management company based on the law
If all the above types of management companies arose from custom business turnover, then the creation and activities of the following are regulated in detail by law. Let's look at some of them.
Management company of a bank holding company
Commercial organization, which in accordance with Federal law dated 02.12.1990 No. 395-1 “On Banks and Banking Activities” may be recognized as the parent organization of a bank holding company; in order to manage the activities of all credit institutions included in the bank holding company, it has the right to create a management company of the bank holding company. In this case, the management company of the bank holding company performs the duties that, in accordance with the specified federal law, are assigned to the parent organization of the bank holding company.
In accordance with Part 6 of Article 4 of the Federal Law of December 2, 1990 No. 395-1 “On Banks and Banking Activities,” the management company of a bank holding company is recognized business society, whose main activity is managing the activities of credit institutions included in the banking holding company.
The management company of a bank holding company does not have the right to engage in insurance, banking, manufacturing and trading activities. A commercial organization that can be recognized as the parent organization of a bank holding company must be able to determine the decisions of the management company of the bank holding company on issues within the competence of the meeting of its founders (participants), including its reorganization and liquidation.
Fund management company
In accordance with Article 38 of the Federal Law of November 29, 2001 No. 156-FZ “On Investment Funds,” a management company can only be one created in accordance with the legislation of the Russian Federation joint stock company or a limited (additional) liability company.
A management company may use in its name the words “investment fund”, “joint-stock investment fund” or “mutual investment fund” in combination with the words “management company”.
Management (trust management) of the assets of a joint-stock investment fund and trust management of a mutual investment fund can be carried out only on the basis of a license from the management company. On the basis of this document, trust management of other assets may also be carried out in cases provided for by federal laws.
The requirements for the composition and structure of assets of joint-stock investment funds are regulated by Order of the Federal Financial Markets Service of the Russian Federation dated December 28, 2010 No. 10-79/pz-n “On approval of the Regulations on the composition and structure of assets of joint-stock investment funds and assets of mutual investment funds.”
Management company in the housing and communal services sector
A management company (organization) is a utility operator that manages the housing stock and utility infrastructure.
The activities of such organizations are regulated by the Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ (hereinafter referred to as the RF Housing Code).
In accordance with Part 1 of Article 162 of the Housing Code of the Russian Federation, under an agreement for the management of an apartment building, one party (the management organization) on the instructions of the other party (the owners of the premises in the apartment building, the management bodies of the homeowners association, the management bodies housing cooperative or governing bodies of other specialized consumer cooperative or, in the case provided for by Part 14 of Article 161 of the Housing Code of the Russian Federation, the developer) within an agreed period for a fee, provides services and performs work on the proper maintenance and repair of common property in such a house, provides utilities to the owners of the premises and persons using the premises in this house, and also carries out other activities aimed at achieving the goals of managing an apartment building.
Management company created on the basis of a special federal law
In this case we are talking about a “project company” at the federal level. One of such projects is the creation of the Skolkovo innovation center. In accordance with the basic concepts enshrined in the Federal Law of September 28, 2010 No. 244-FZ “On the Skolkovo Innovation Center” (hereinafter referred to as the Federal Law “On the Skolkovo Innovation Center”), the management company is a Russian legal entity, to which established by the President of the Russian Federation, the responsibility for the implementation of the project is assigned.
In the Order of the President of the Russian Federation dated July 2, 2010 No. 446-rp “On the creation and operation of the Skolkovo innovation center,” the management company was named non-profit organization"Development Fund for the Center for the Development and Commercialization of New Technologies."
The specifics of the activities of such a management company are established by the Federal Law “On the Skolkovo Innovation Center”, decisions of the President of the Russian Federation and the company’s constituent documents. Change constituent documents management company is carried out in agreement with the advisory body under the President of the Russian Federation, formed in order to ensure interaction between federal government bodies, government bodies of the constituent entities of the Russian Federation, bodies local government, public associations, scientific and other organizations when considering issues related to economic modernization and innovative development of Russia.
It should be noted that the Federal Law “On the Skolkovo Innovation Center” caused a mixed assessment from experts, since it provided the management company, a private legal entity, fairly broad powers, including urban planning and supervisory functions, ensuring the sanitary and epidemiological well-being of the population in the center, regulating medical and educational activities and others, which are essentially state-owned. Time will tell how the project will be implemented in practice.
All residents of apartment buildings in our country are serviced by management companies. Each of us pays for their services monthly and periodically contacts housing and communal services employees. How many people have ever wondered what these organizations are, where they came from and why they serve us? On what terms are relations between public utilities and residents of apartment buildings based? Let's try to analyze these questions in detail.
What is HOA, housing and communal services, housing office, housing department, management company?
The Housing and Operations Administration (HOE) is a local executive organization Housing and Communal Services (HCP), created in the Soviet Union and continued its work in the Russian Federation. These departments were located in local areas, within the boundaries of the microdistrict. Depending on the city they had different names:
- housing maintenance office (ZhEK);
- repair and maintenance enterprise (REP);
- repair and maintenance department (REU).
All these institutions were created to maintain multi-apartment housing stock. After the collapse of the Union of Soviet Socialist Republics, when the transfer of housing from state to private ownership began, local housing and communal services were transferred to the jurisdiction of the municipality and allocated to a separate department.
Since the beginning of spring 2005, the new Housing Code of the Russian Federation began to work. It spells out the reform of housing and communal services, with the creation, instead of housing maintenance departments, of management companies (MCs) or homeowners' associations (HOAs). All house management companies are private. For the most part, they are created on the basis of housing offices and are headed by the same managers as before.
The entire infrastructure, which previously belonged to the housing department, became the property of the management company. This organization essentially remains a housing maintenance office, which has changed its form of ownership and name. In the old fashioned way, many residents still call management companies housing offices, although legally this is no longer true.
We’ll talk further about what services the housing office provides us.
Services
The number of services provided by organizations included in the housing and communal services system (housing office, etc.) varies from one to several dozen. Requirements for the timing and procedure of public utility services are constantly being improved and changed.
In our country there are none free services services that provide housing services do not exist. After all, even if the residents of non-privatized apartments do not pay for any service from the building management company, the municipality does it for them.
In modern realities, relations between management companies and residents are based on on a commercial basis. All citizens are required to pay utility bills on time, and housing departments are required to pay quality and deadlines carry out the entire service list.
List of paid utilities:
- electricity;
- gas supply;
- (not only, but also the roof, entrance and porch canopies, etc.) and house maintenance (including reasons for appearance, etc.);
- other contract work.
All utilities are paid according to the agreement signed between the management company and the owner of the property.
All services and work provided by the housing office are divided into two categories: mandatory and optional. We pay monthly for mandatory services. They are included in the column “home repairs and maintenance” or “for housing maintenance and repairs.” As an example, flushing the heating system or. Optional is the installation of new heating elements, non-standard plumbing or plastic window units. Ordering such services and paying for them is a purely individual matter.
Mandatory services are provided at different frequencies:
- during technical walkthroughs and inspections;
- when preparing buildings for the autumn-winter period;
- depending on contamination, need and frequency of use;
- in preparation for operation in the spring and summer.
And yes, don’t forget that if necessary, you can also get it from the management organization.
And now we will talk about what tariffs for housing and communal services depend on.
The following video describes ways to complain about the actions of utility companies:
What do tariffs depend on?
We discussed in the previous section what expenses are included in the management fee for an apartment building. And if we take each structure separately, then they are all different and require different maintenance costs. Therefore, payment for the column “for housing maintenance and repairs” varies for all residential buildings. It is determined based on defective statements and estimates.
Maintenance and repair costs are calculated based on the estimate required for the maintenance of common buildings engineering systems, for taking readings from metering devices, content, calculation and storage of data and many other articles. The cost of maintenance will depend on the volume and frequency of work carried out by the homeowners.
The procedure for approving the amount of utility payments is determined at a general meeting of homeowners with the mandatory participation of representatives of the building management company. The minimum period for setting fees is one year.
The termination and conclusion of an agreement with the management company or housing and communal services will be discussed further.
The following video shows how to complain about too high tariffs:
Maintenance agreement for an apartment building with a management company
The main document that establishes the relationship between utility companies and apartment owners is the agreement for the management of an apartment building. If the owners at the general meeting chose a house management company, then the agreement is concluded with each of them individually.
When the management company is chosen by the homeowners association, the agreement is signed by the HOA on behalf of all apartment owners. And finally, if the house belongs to the municipality, then an agreement on a competitive basis is signed between the housing department and local authorities.
Do I need to compile it?
We’ll answer right away: it’s definitely necessary. After all, it regulates the quantity and cost of utilities and the frequency of their implementation. Items that must be specified in the contract:
- list of services and works for the maintenance and repair of common property;
- composition of common property;
- the procedure for making and amount of payment for utilities and housing maintenance;
- the process of supervising the house management company and the management company’s performance of its duties.
And now you will learn about what to do if a maintenance agreement for an apartment building has not been concluded with the management company.
What happens if no contract is concluded?
So, I didn’t enter into an agreement with the management company, so what?
In accordance with the document concluded between the property owners and the management company, the owners have the right to demand from the utility organization reporting on the work done and check the quality and frequency of services provided. If violations are detected, it is necessary to demand immediate correction from the management of the housing department. In case of refusal, you must, referring to the contract, complain to the regulatory authorities. For example, to the State Housing Inspectorate and Rospotrebnadzor.
In your complaint, you must first appeal the agreement between you and the house management company. And if it is not concluded, then the “utility workers” will find many loopholes to evade fulfilling their direct responsibilities, which are paid by you monthly.
We really hope that our short essay helped you understand why a management company is needed, what it is and how it differs from a housing office. Don't forget to pay on time utility bills and demand quality work from utility organizations. And be sure to see if you or your HOA have an agreement with the management company. If not, do so immediately. If public utility workers perform their duties in bad faith, do not hesitate to contact supervisory organizations or the court. By the way, if you want, then you should first discuss this issue with the Criminal Code.
The next video is dedicated to legal aspects most frequently asked questions in relation to housing and communal services:
A management company is an organization that is engaged in “conducting affairs.” To be more precise, it carries out: maintenance, repairs, organizing payments for heat and light, and also conducts inspections. It can “deal with” one or several residential buildings, it all depends on the level of prestige of the company. Moreover, recently, housing and communal services enterprises must be officially licensed, without fail. The management company contains a structure that depends on how large the enterprise is. According to the law, they must comply with a list of responsibilities, as well as comply with certain regulations.
Responsibilities of the management company under the law
The housing and communal services management company has certain rights and obligations that must be observed. Those responsibilities in the house that one or another management organization will undertake upon concluding an agreement will be spelled out in it. In this case, the contract may contain the following types of obligations:
- Preparing your home for the new season, be it winter or summer.
- Utilities, their tariffs, repair or replacement of water supply systems: pipes, meters, as well as electrical systems.
- Both major and cosmetic seasonal repairs.
- Cleaning courtyard areas, entrances, elevators, maintaining cleanliness.
- Organization of other repair work related to equipment installed in the house, for example, an elevator (if it is installed and repaired at the expense of the owners, the previous management company or construction company)
- Issuing certificates for homeowners, providing full reporting, as well as issuing invoices in accordance with tariffs for utility services.
In addition, the cost of providing services by the company is also established. All this is discussed at a house-wide meeting of owners and residents.
Types of management companies
Housing companies can provide some of the services that were described above, it all depends on the requirements of residents and the capabilities of the organization, so these management companies in the housing and communal services sector can be divided into types:
- Provides all services and acts as an intermediary with resource-providing organizations.
- Being an intermediary who finds performers for all necessary services.
- Organizations for managing courtyard areas, garages and premises not intended for residential use.
Responsibilities of the management company
The responsibilities of management companies in the housing and communal services sector were discussed above. But what does such an organization have the right to do besides its main responsibilities?
All services that the company is ready to provide and their prices are usually announced at general building meetings, and residents, in turn, decide whether they need it. When apartment owners make a choice, an agreement is drawn up with the owners, on the basis of which services are provided. Additionally, management organizations can, for example, remove bulky waste several times a month.
Drawing up an agreement with the owners
When drawing up an agreement, the management company in the housing and communal services sector must indicate for its part:
- A list of all services that it will provide to a specific home.
- Information about the obligations of the parties, rights and relationships.
- Information about the house (or other object), and must be indicated in detail.
In addition, the agreement contains information about:
- Reports.
- Rules for the use of premises such as attics, basements and other non-residential premises.
The agreement may be changed subject to a request from the owners. Changes may be related to any clauses of the contracts.
Responsibility of the management company under the law
There are several levels government agencies, the totality of which is in the housing and communal services sector. For this purpose, inspections are carried out to determine the quality of work performed, both from the management of the house and from the local (municipal) level. This is done in order to identify shortcomings in the work and eliminate them. When an inspection occurs by government agencies, they check everything from the cost of utilities to their quality and so on.
In the event that an organization does not fulfill its obligations, refuses to do so, the conflict is resolved by imposing an administrative fine on it, since this is considered a violation according to the Code of Administrative Offenses of the Russian Federation, article 7.22 it should be 40 - 50 thousand rubles. In addition, in addition to the fine, the article provides for the suspension of the company’s activities for up to 90 days.
If violations occur sanitary requirements residential premises and the organization does not react to this in any way, then you can immediately go to court. In this case, a fine of 10–20 thousand rubles is also imposed on the organization. This is beneficial for residents in that next time the managers will take the owners’ requests more seriously.
Licensed by the management company
Housing estates by Federal Law No. 255 are required to obtain a work license. Otherwise, the organization will not be able to register. On these grounds, it can be argued that each management organization has a license, which can be obtained from:
- Housing and communal services supervisory authority.
- Commission for licensing of housing and communal services.
And to complete it, you need a whole list of papers:
- Certificate of opening of an individual entrepreneur or LLC.
- Tax accounting documents.
- Certificate from the Unified State Register of Legal Entities.
- Appointment of a director and certificates of ability to serve in this position.
And this is not a complete list; other documents are needed. Information about the license can be obtained by the name of the management company or the address of the house to which it is associated. This can be done on the government services website.
Popular management companies in Russia
From this article, it became clear to most what management companies are and what they are needed for. What responsibilities are assigned to them, as well as what responsibilities they bear. The link provides a list of management companies that have the highest ratings in all regions:
Today, all apartment buildings in the country are serviced by management companies in the housing and communal services sector.
Each homeowner is obliged to accurately pay for their services on a monthly basis and periodically contacts the company’s employees, for example, to troubleshoot problems.
What a management company is and what functions it is required to perform will be discussed in this article.
What is a housing and communal services management company?
The abbreviation housing and communal services is read as “housing and communal services.” The housing and communal services sector includes many enterprises that are engaged in heat supply, repair and external improvement of buildings, sanitary cleaning and similar work. In other words, housing and communal services are everything related to the living conditions of the population.
A housing and communal services management company is a privately owned enterprise, most often created on the basis of a housing and communal services office (housing maintenance office). Its activities are regulated by a management agreement, for a period of one to five years, with the owners of apartments in apartment buildings. The contract specifies the package of services provided by the company - as a minimum, i.e. including mandatory services prescribed by law, as well as extended ones, additionally paid by apartment owners.
The management company acts on behalf of each owner and acts as an intermediary between public utilities and residents. The activities of the management company are regulated by the country's housing legislation.
Functions of the housing and communal services management company
Most often, such organizations are created with the aim of improving living conditions in any residential property. Based on the main task, the functions of the housing and communal services management company are formed.
She is obliged:
- maintain order in your territory,
- ensure proper condition appearance and technical condition of houses and other buildings;
- enter into contracts for the provision of housing and utility services, while the choice of suppliers remains the prerogative of the management company, while tariffs for their provision are regulated by the state;
- maintain public systems (water supply, sewerage, etc.);
- provide decent and safe living conditions in the home.
Representatives of the management company must regularly walk around the so-called common areas (entrances, elevators, stairwells, attics, etc.) in order to notice problems that have arisen in time and eliminate them.
In addition, the task of the housing and communal services is to hire personnel who will carry out work to maintain the functionality of communications, cleanliness, and, if necessary, carry out routine repairs.
A management company in the housing and communal services sector is a non-profit organization founded to perform economic and operational functions related to the sanitary and technical maintenance of apartment buildings (MCD).
It should be noted that the term “housing and communal services management company” is a common name, in housing legislation the designation “management organization” is used.
This confusion often causes misunderstanding of the essence of the Criminal Code and creates discrepancies in references to legislative acts. However, we will henceforth use the term CC as it is more familiar.
According to the definition of the Housing Code, a management organization is one of the forms of managing a residential apartment building, the same as HOA or direct control.
Essence, purpose and purpose
All activities of the management company are subordinated to one goal - to free residents of apartment buildings from the worries of maintenance, repair and maintenance of the house, cleaning the territory, removing solid waste and other necessary constant actions, performing all these for a certain fee.
Without such an organization, the house simply risks being left without maintenance and will gradually be destroyed, since not all residents will be able to organize themselves and provide proper care for their housing.
Moreover, it will be almost impossible to ensure legality in this matter. Therefore (homeowners associations, other types of management) as responsible executors is vitally important and established by law. Residents of an apartment building enter into a management agreement with the general meeting, on the basis of which the management company carries out its activities.
Video about what a management company is, how to choose it correctly and what its main goals are:
What types of management companies are there?
According to the form of management of the management company there are:
- Housing associations.
- Private management companies.
- State Unitary Enterprises(SUE), Directorate of the Single Customer (DEZ).
- Direct management by owners.
At the same time, Management companies may have different specializations- only maintenance, only management, both functions at once, or some other options. But most often management companies are involved in fulfilling all duties, since it is much more convenient for the customer of services - in our case, for residents - when all functions are concentrated in a single center.
Don't know which management company services your home? Read about how to clarify information in. And if you want to give up your management company, read about how to do it right.
Types of activities
The operating principle of a management company in the housing and communal services sector is based on the management of an apartment building and includes the following stages:
- Collection of information about the control object;
- Study of the obtained data;
- Activities aimed at improving the quality of life of apartment owners.
Residents of buildings using the right to participate in the management of an apartment building must have complete information about the types of management.
| View | Peculiarities | What kind of housing is it designed for? |
| Direct | The exclusive task is to cooperate with the contractor to carry out routine and urgent repair work. A representative is responsible for resolving administrative issues; each owner of the premises enters into an individual agreement with the resource supplying organization - the contractor. | Small houses (up to 40 apartments) |
| Hybrid | Independence of residents in resolving issues of operation and maintenance of the house without the participation of the company. | A house in which the number of apartments is not limited. |
| Operational | Residents create a homeowners' association, which, based on the agreement, selects a management company. | Any apartment building or several buildings connected by one communication system. |
General operating rules
In April 2018, the government of the Russian Federation made changes to the inspection of common property, small current and major repairs and reporting to residential property owners. Let's take a closer look.
Inspection of common property should be carried out for leaks and breakdowns twice a year: in spring and autumn.
- Routine inspection carried out in accordance with technical documentation. Each element has its own deadline and frequency;
- Seasonal inspection carried out once every six months. In the spring it is carried out after turning off the heating, in the fall - before the start of the heating season. Owners of residential premises, if desired, can take part in a walk-through of common property and draw up a list of work for routine repairs.
- Extraordinary inspection The management company is obliged to conduct it within 24 hours after an emergency: hurricane, accident, etc. The results of all inspections are stored with the documents for the house, if you wish, you can get acquainted with them, and proposals for current and seasonal inspections must be communicated to all residents.
- About tariffs for services. How much to pay is decided by homeowners at a general meeting (valid for 1 year). The management company offers tariffs for services. tenants accept or reject the offer. The changes affected the procedure for notifying new proposals of the management company.
Reference! Owners of an apartment building receive information about tariff changes 30 days in advance using a special service on State Services and notifications on bulletin boards.
- Control over the management company has become easier. The company must place information about itself (contact details, tariffs, standards, reminders, etc.) in a place accessible to residents.
What laws govern the activity?
The legislation regulating their standards includes the following acts:
In addition to these basic documents, various regulations, regulations and decisions of local administrative bodies can be used in the work process.
The Housing Code takes precedence as a fundamental document, and any discrepancies will be interpreted in its light. All orders or other actions that are contrary to the laws of supervisory authorities or challenged in court.
Charter
The charter is the main document defining the goals, operating rules and conditions of operation of the management company, its legal status, distribution of responsibilities. The document covers in detail all areas of work, regulates relations between employees, residents of subordinate buildings and other persons.
The charter also resolves issues financial plan, adjusting wages hired workers, monetary remuneration for engineers, etc. All provisions of the charter must strictly comply with applicable laws and regulations.
Any contradiction between clauses of the charter and legal requirements is unacceptable and repeals these paragraphs and sections.
To whom do the organizations managing apartment buildings report?
Who runs the housing and communal services management companies? The management company has its own manager, appointed by management. We talked about his responsibilities.
However, in any case general meeting homeowners of an apartment building. At the same time, The Criminal Code has no administrative subordination. The meeting of owners can make claims, make proposals, etc.
The activities of public utilities often cause criticism and complaints, sometimes justified, sometimes not.
If serious violations occur on the part of the management company, it is better for residents to contact the management company directly to resolve the issue on the spot. According to the Housing Code of the Russian Federation, the complaint to the Criminal Code must be considered within 3 days.
If a decision is not made or is unreasonably delayed, then residents should contact the Housing Inspectorate at the city administration, which is the most reliable and effective authority that exists to resolve such issues.
There are other authorities, contacting which helps resolve issues, for example, the prosecutor’s office or city administration, but the Housing Inspectorate is the most reliable among them.
If no other method helps, all that remains is to defend your point of view in court. This is an option that is time-consuming, nerve-wracking and requires the help of a lawyer, but if successful, a solution to the issue is guaranteed. It must be borne in mind that after two lost trials, the management company is deprived of the right to manage the house.
Housing legislation allows us to successfully solve problems with the housing stock. with the help of management companies - the most competent and professional type housing maintenance and servicing. Only people who have full time to do this, and not a couple of hours after work, can achieve success in this direction.
A large number of organizational, technical and legal issues require the work of a whole team of specialists, and management company is the right choice for this.
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