The way to manage an apartment building. Direct management of an apartment building

Such a concept as "management of an apartment building" is absent in the residential complex. However, the legislation defines its main features and the rules by which it is implemented. Let's consider them in more detail.

Common symptoms

The management of multi-apartment buildings is a process that takes time. The period in which it is carried out depends on the duration of the operation of the building. This period begins from the moment of erection and ends with the demolition. The management and maintenance of an apartment building can take many forms.

Classification

Allocate housing management. It is aimed at all rooms, apartments, premises that are in the legal possession of one person. In practice, the owners of an apartment building or an entity involved by them can also be managed. As for the object itself, in the LCD there is also no clear definition. In this regard, the question often arises of what exactly is considered an apartment building, how many premises should be in it in order to classify a building into this category. In practice, such a building can be considered a building in which 2 or more rooms have at least one legal owner.

Subject composition

Management of apartment buildings can be carried out by different persons. For example, it can be one subject, a group of several citizens, a specially formed body or society. They act on the object to ensure its functioning. Subject:

1. Manages an apartment building.
2. Makes decisions.
3. Creates conditions for the implementation of tasks.

In practice, the direct management of an apartment building by the owners of the premises or persons involved by them can be carried out. In some cases, the authority is vested in local authorities. According to paragraph 4 Art. 161 ZhK, if the owners themselves have not chosen the way to manage the apartment building, then the administration of the Moscow region does it for them.

Purposefulness

Choosing this or that way of managing an apartment building, the owners evaluate how fully the tasks will be achieved. These include, in particular, collateral:

1. Safe and favorable living conditions.
2. Preservation of property.
3. Resolving issues on the use of common material values.
4. The proper provision of utilities.

The management of an apartment building, the premises of which belong to different citizens, can be carried out exclusively under uniform conditions agreed with them. Owners of property can develop them on their own. In some cases, owners delegate rights to create uniform conditions to an authorized person. The latter represents the interests of owners in concluding agreements with service organizations.

The procedure for managing an apartment building

Legislation obliges owners to choose a service option. It could be:

1. Direct management of the apartment building by the owners of the premises.
2. Creation of a partnership of owners or another specialized consumer cooperative.
3. Management of an apartment building by a management organization.

The question is, why should people do this? This is explained by the fact that, having property, citizens, in addition to rights, are endowed with relevant duties and are responsible for their implementation.They must use and dispose of their property in a manner that does not prejudice the interests, health and life of others.

Selection criteria

The owners of the premises in the apartment building must choose the management option during the year from the date of the competition between the local authorities serving the companies. The result will depend on the number of apartments in the building, the level of solvency and discipline of the owners. In addition, the reputation of management companies, the nature of relations with enterprises providing the supply of resources, whether common house and apartment metering devices, etc., are of no small importance.

Self catering

If the management of the apartment building is carried out by the owners of the premises, all relations with third-party enterprises that provide certain services should be documented. In particular, agreements are concluded for water disposal, hot / cold water supply, electricity, gas, and heating. In this case, contracts are signed with each owner of the apartments. In addition, agreements are concluded with enterprises providing services for the repair of property that is common in the building. Such agreements are signed with the majority or with all owners.

PC, HOA, LCD

The management of an apartment building may be carried out by a partnership (cooperative). Such legal entities are entitled to enter into agreements with owners for:

• The provision of utilities.
• Maintenance and repair of common property.
• Management of an apartment building, etc.

Interaction schemes

The owners of the premises can delegate their rights to conclude agreements on the supply of housing and communal services to the partnership of owners. This can be fixed by a decision adopted at a general meeting in the charter of the cooperative itself. The owners of the premises also have the opportunity to transfer the right to conclude contracts to the partnership, and it, in turn, signs an agreement with the management company. She searches for suppliers and draws up relevant agreements with them.

Management of an apartment building by a management company

The main condition for choosing this service option is an agreement. A sample apartment building management contract includes mandatory sections. In particular, it should state:

1. The common property in respect of which the service will be provided, the address of its location.
2. The list of works and services for the repair and maintenance of material assets, the rules in accordance with which it can be changed, the list of housing services.
3. Terms of establishing the value of the agreement, the amount of payment for services, determining the size of utility bills. It also formulates the procedure for making amounts.
4. Rules for monitoring the implementation by the service company of its obligations.

CC provisions

The contract, which is concluded with the managing organization, is in all respects characterized as an agreement on the provision of paid services. This form is provided for in civil law. According to Art. 780 Civil Code, unless otherwise provided in the contract itself, the managing company must provide the services in person. This means that the contractor fully or partially provides services or acts as an intermediary between the owners of premises and suppliers.

Fundamental differences between options

Management by owners may be direct, trusting and indirect. In the first case, citizens serve the common property on their own. Indirect management involves the transfer of some functions to other persons (or one). The host entity can be both a legal entity and an individual. In the latter case, they may be one of the owners of the premises in the house.Owners can form an elected body in the form of a board or by appointing an authorized person from their circle, thus creating a legal entity. For example, it may be HOA. In this case, the partnership becomes their management company. Room owners may do otherwise. They have the right to entrust the service to unauthorized persons who are not part of their circle.

They can be a hired manager or organization. In this case, the owners of the premises enter into an appropriate agreement with these persons. If the management is carried out by the owners of the premises themselves, the contract is not signed. The formed company or authorized person shall perform its functions in accordance with the charter. He, in turn, is approved at a general meeting. It should be said that in practice, home owners simultaneously use both direct and indirect management. For example, in the case of the formation of an HOA, some of the functions, as a rule, the most key, are implemented by the owners themselves. On important issues decisions are made at general meetings. Another part of the tasks is carried out through the selected board, and the third is carried out personally by its chairman. In addition, an audit commission is created to provide control over the financial work of the elected body.

Key points

The issue of choosing a management organization today is the most relevant among the owners. Of course, everyone wants a high level of service. However, many are worried that it will turn out "as always." To avoid problems, owners need to decide what exactly they want in the ratio of the quality of services and their cost. There are 3 most common options:

1. Do not change anything, let the management be carried out by the Housing Office, Criminal Code, DEZ. Quality in this case will not be the highest, but the cost of services is quite acceptable. In this situation, apartment owners prefer not to take risks and are in no hurry to choose an organization.
2. Find a legal entity that would provide better services. Accordingly, the payment will become higher. Some owners are trying to agree on such terms with the current Housing Office.
3. You need to choose a private small company. It would provide services of not worse quality than those of the Housing Office, quality, but at an even lower price.

Practical implementation

As practice shows, residents of houses in which the housing association is actively working more often respond positively to the quality of services. In this regard, it is advisable to check if there is a suitable HOA in the area that could take the building for maintenance at the proposed price. Before contacting the board, it is advisable to go into the porches, inspect the state of stairwells, corridors, evaluate the courtyard. To get a better idea of ​​the work of HOAs, you should talk with the residents of different ages themselves, find out how much they pay for the service, what they like about the work of the association, and what doesn't suit them. If the information is generally positive, then an agreement can be made.

Association work experience

He acts as one of the most important criteria when choosing a service organization. Preferable, of course, a long experience. However, recently new associations periodically appear, which also should not be written off. It is advisable to find out information about the specialists who work there, where they conducted their activities earlier, who is the founder. If these are former employees of DEZs, then, accordingly, they have certain experience in the operation and maintenance of residential buildings. In this case, it’s worth talking to take it off personally, to find out why they left their previous place of work, what goals they set for themselves now.

Service Prices

In the process of communication with representatives of the service organization, not only the high, but also the low cost of services should be alerted in comparison with what was available at the time of the work of the Housing Office, for example. Here you should find out what this or that price is made up of. For the most significant amounts, you should ask all your questions.

Comparison

If in general the conversation with representatives of the service association has developed favorably, do not rush to conclude an agreement. It is advisable to get around another 2-3 HOAs, to find out all the information from them. After that, you should compare the information, evaluate the advantages and disadvantages and put forward a proposal for discussion. If any doubts remain, an agreement should be concluded for a minimum period of one year. If after its expiration it will be clear that the choice has been made correctly, you can extend the contract. Well, if the association did not cope with its responsibilities, it is better to terminate the agreement.

Financial issue

One of the significant drawbacks of choosing a service company in comparison with the HOA or self-management is the fact that the owners' money allocated by them for paying for services is at the disposal of a third-party legal entity. It is quite difficult to influence it in terms of effective and targeted use of funds. This is especially true when a management organization has been selected by local authorities. In this case, the owners will in fact be imposed on those conditions that the executive bodies deem necessary.

Guaranteed safety of funds

This issue in the framework of interaction with the managing organization, as a rule, remains open. In particular, we are talking about funds allocated for overhaul. Not every house manages to accumulate them within 1-5 years (throughout the term of the contract). There are times when the owners decide to change the service association, and the funds are in his account. In this case, it is not clear how the money will be transferred to an formed HOA or another company. It may happen that the association goes bankrupt, liquidates or takes a loan from the bank and disappears. Solving the issue of returning their funds to owners will be extremely problematic. Another situation is with the HOA. Acting as a legal entity, the partnership can open a special account in the bank and report annually on its status to the owners. In this case, of course, there are more guarantees for the safety of funds.

Local authority

They are set in h. 3 Article. 156 LCD Territorial authorities have the right to establish the amount of payment for maintenance and repair of the object only if the owners of the premises did not choose the way to manage their home on time or a decision was made, but was not implemented. According to the law, local executive structures themselves can determine the association that will provide all the necessary services. In practice, open competitions are often held, as a result of which a company is assigned to a house. It is worth noting that here everything will depend on the local authorities. Undoubtedly, the law establishes the limits of authority, certain restrictions. But in general, the opinions of residents in such cases are not asked. Therefore, it is more advisable to make a decision and choose the legal entity that will provide the service.