According to modern Russian legislation, the activities of all management companies must be subject to mandatory licensing. Without such a license, no company has any legal rights to carry out any activity in the management of housing and communal services, and such activity will be considered illegal. However, there are times when a licensed management company does not fully operate, and this does not suit people who use the services of such a company, or the company’s activities are contrary to state laws. In such cases, the question arises of depriving the company of a license to carry out its activities.
Deprivation of the license of the management company terminates its rights to provide services to owners of residential premises. However, in such situations it is very important to take into account each specific case of offenses and act in accordance with the laws of the state.
Granting licenses to management companies
In order to obtain licensing, each management company must comply with a number of requirements prescribed by law, and the company leader must pass a special qualification exam. Licenses for the activities of the UK are issued by special licensing commissions. Such licenses are unlimited, but the management company has a legal right to operate only within the subject of the state in which such a license was obtained.
But in what cases does the license of the management company be deprived?
The activities of management companies are controlled by a special state body - the State Housing Supervision, which annually carries out all kinds of checks on the activities of management companies through field and documentary checks.
Identification of violations
In cases where as a result of an audit of the activities of a management company certain violations have been identified, a special protocol is drawn up, after which such a management company receives an appropriate order, which obliges it to eliminate such violations at a certain time. If the management company does not fulfill this obligation during the year, then it is deprived of its right to manage housing and communal services, and officials may be assigned certain obligations to pay administrative fines. In cases where the management company loses its right to manage at least 15% of the premises, then it is threatened with the deprivation of a license to carry out its activities for a period of three years. And the person managing this company has a ban on this type of activity.
Grounds for revoking a management company license
The next moment. A management company can be deprived of a license to carry out its activities only if there are special requirements (at least three within one year). Such orders may be imposed for certain actions by this management company. For example, for actions:
- related to violation of fire or sanitary standards;
- which are associated with a violation of the rules for maintaining property;
- which may be associated with non-compliance with the rules for the implementation of repair work;
- related to the disclosure of confidential information;
- violation of the process of providing a variety of housing and communal services, as well as failure to comply with the special standards established for the activities of the management company.
Deprivation of the license of the management company is possible both for regular failure to fulfill its obligations and the requirements of the law, and for systematic violation of the provisions of the contract that was concluded with the owners of the premises; providing them with incorrect or false information, as well as for gross violation of the requirements established by the license.
Supervisor
Establishes the grounds for depriving the management company of licensing by a special supervisory authority. However, the owners of the premises managed by this company have the right to personally complain about its actions or inaction. For each such appeal of citizens, an appropriate check should be carried out, after which the applicant should be notified of its results. The reasons for the deprivation of the license of the management company must be valid.
Deprivation order
Depriving the management company of licensing for the implementation of activities is possible only by decision of the judicial authority. The plaintiff in a lawsuit of this type is the State Housing Inspection. In judicial practice, the deprivation of a management company’s license is very common.
In cases where, based on the results of the audit, the facts of violation by the managing company of the norms of legislation, as well as all existing terms of the contract with the owners of the premises, were confirmed, the supervisor must give a special order to this company. If the management company is inactive, and at least three such orders are issued within a year, then, in this case, the case of the deprivation of its licensing is referred to the court.
Where to go?
In cases where the bodies authorized to consider civil appeals in the form of complaints about the actions of the management company do not respond to them, in order to deprive a similar management company of a license, it is necessary to file a similar complaint with a higher state body. Housing owners have the right to terminate the contract with their management company by sending a notice to the State Housing Supervision. For each violation by the management company of its obligations to manage housing and communal services, an order must be issued, which will provide the necessary opportunity to appeal to the judicial authority.
Action algorithm
There is a certain sequence of actions for depriving a management company of a license, and it consists in the following:
1. Identification of certain violations by the company and issuance of appropriate instructions (within 365 days).
2. Failure by the management company to comply with such requirements.
3. Submission of documents that confirm the facts of such violations to the licensing commission.
4. Adoption of a decision to appeal to a judicial authority in order to revoke the license of this management company.
In practice, the deprivation of a license of a management company is not so simple.
Decision
After considering this case, the judicial authority is obliged to make a decision that will satisfy the requirements stated in the statement of claim. However, this may be a refusal to consider for certain reasons, which are also indicated by the court, or it should be an order to suspend the license until all violations are eliminated by the management company.
A court decision to revoke a management company’s license to manage housing and communal services is made by the court, but the permit document (license) is annulled directly by the supervisor, in this case, the State Housing Supervision.
After depriving the license of the housing and utilities management company, it no longer has the right to carry out its commercial activities, however, in cases where it continues to carry out its functions as before, this is already an administrative offense.In this regard, a fine of up to 260 thousand rubles is imposed on this legal entity, and up to 100 thousand rubles on the official managing this organization.
If the management company, which is deprived of licensing, does not agree with this court decision, it has the right to appeal this decision to a higher judicial authority.
Conclusion
From the foregoing, it can be concluded that, in cases where the management company does not properly perform its direct functions and duties in the field of housing and communal services, it may be deprived of a license to carry out its activities in a judicial proceeding. To do this, all the necessary stages and requirements established by laws and legislative acts of the Russian Federation must be observed, and a clear procedure for these measures must be followed, which should also be based on legality and justice.
Depriving a management company of a license for debts is a rather lengthy process, which implies that in some cases it is too serious a measure in relation to the management company, especially in cases where the shortcomings in its work are not so significant. In this case, the regulatory authorities may temporarily suspend the activities of such an organization until all errors in the work have been eliminated.