Residents of cities often have to spend their time looking for a sample complaint about a management company. There are many examples of such a statement, and some appeals are created for the same reason. It's no secret that the work of public utilities often leaves much to be desired, but how to achieve truth and justice? One way to influence the work of the management company (management company) is to file a complaint. We learn from this material how to do this and where to carry the slander.
Why do people complain about the work of the Criminal Code
There are many possible reasons why a sample complaint about a management company may be required. A sample document will help to correctly compose a statement in the established form and correctly formulate the essence of the appeal.
All the obligations that must be fulfilled by the Criminal Code are stipulated in the corresponding agreement concluded between this organization and the residents of the high-rise building. As a rule, the management company is responsible for the maintenance of the entrances, the provision of heat, water, the operation of the elevator, the safety of shared property, the protection and cleaning of the house, etc. Most often, residents make complaints to this organization for the following reasons:
- failure to carry out scheduled repairs;
- lack of control over property of owners;
- violation of safety rules for the operation of residential and technical premises;
- inaction and neglect of measures to clean up local areas, verification of utility networks;
- stopping the removal and disposal of household waste;
- failure to fulfill obligations under contracts concluded with utilities providers;
- unreasonable increase in tariffs for housing and communal services;
- unsanitary conditions in the house (the presence of parasites, rodents).
Modern houses are complex residential complexes that require careful and responsible operation, regular maintenance. Residents have the right to protect their rights and their property, including by filing a complaint against the management company. Where to apply? We will cover this issue in the next section.
Who accepts citizens' claims for the work of the Criminal Code
Several government agencies deal with disputes and conflicts between residents and management companies. Where to appeal to the Criminal Code? There are several options. The most common of these is the territorial branch of the State Housing Inspectorate (GZHI). You can also write statements to the following authorities:
- Rospotrebnadzor;
- district or city administration;
- the prosecutor's office;
- court.
If the organization’s actions are considered fraud or extortion, the complaint must be filed with the police or the district police officer. For example, if the Criminal Code ascribes to the owners "non-existent" debts for public services and threatens with eviction.
A written complaint may be filed with the State Housing Inspectorate regardless of the basis. The main function of this state body is to supervise and control the actions of housing organizations, as well as conduct internal audits and bring to administrative responsibility.
Functions of Rospotrebnadzor in the housing and communal services system
This state body carries out control functions, as it is called to monitor compliance with the provisions of the law in the field of consumer rights.Since the owners of apartments are consumers of the utilities that they receive on the basis of an agreement concluded with the Criminal Code, the owners have the full right to protect their interests by contacting the Federal Service for Supervision of Consumer Rights Protection and Human Welfare. A complaint to a management company may have various reasons:
- violation of sanitary standards (for example, moldy walls, rodents mites, cockroaches and bed bugs on the premises);
- interruptions in the supply of utilities (systematic lack of water, power outage);
- overstatement of tariffs that do not correspond to the declared quality of services, etc.
Claim to the local administration
You can complain to the city administration about the management company if there is any reason, since all utility companies are under its direct jurisdiction. These issues in the administration deal with special housing departments and departments. Information on how to make a complaint is contained on the administration’s official website. Here you can find out the exact name of the department, the data of officials. The complaint is usually made up in any form, where all the necessary information is indicated. In some cities, the appeal can be created electronically by sending them through the online service on the site.
When should I complain to the prosecutor's office, and when - to sue?
The prosecutor’s office should be contacted when all other instances could not help to understand this issue. If the prosecutor’s office, bypassing the housing inspectorate, receives a complaint against the Criminal Code, the letter will be redirected to the GLC to receive an official response from this competent authority.
The text of the statement describes the factual side of the case, indicates all violations of the Criminal Code using references to regulatory acts and sets clear requirements. In the same way as when filing a claim with another body, copies of evidence attesting to violations of the Criminal Code should be attached.
It is necessary to file a lawsuit in court in cases where none of the bodies to which the residents applied did not give a concrete answer. Despite the fact that the pre-trial form of conflict resolution is not legally binding, theoretically, a lawsuit can be filed immediately. However, as practice shows, in the course of litigation, direct claims are often rejected, recommending that plaintiffs first contact the appropriate authorities. And then, if the plaintiff does not agree with the decisions taken by them, you can sue them.
Complaints about the Criminal Code and HOA: what are the differences?
Before proceeding to consider a sample complaint about a management company (it is much easier to compile a statement based on a sample, because it serves as a kind of basis for writing), it is worth focusing on such a moment as the form of management and maintenance of the house.
In some high-rise buildings, the Criminal Code is responsible for the communal services to the residents, while in others it is the HOA (partnership of homeowners). Unlike the Criminal Code, this is a non-profit association, of which the owners of the apartments themselves are members. And if you can file a complaint against the management company without any problems, from a legal point of view, then blabbering at the HOA is problematic. In fact, this will be the complaint of the residents to themselves.
But this does not mean that there is no council for a partnership of homeowners. Having raised this or that question at the general meeting and not waiting for a reaction from the head of the HOA, the tenants can first address their complaint to the management of the partnership, and if there are no positive changes in resolving the indicated problems, you can file a complaint to other authorities:
- GZH;
- Rospotrebnadzor;
- police department.
There are no fundamental differences between the sample complaint about the management company and the sample claim for the HOA. At the same time, these two organizations have significant differences.In particular, all conflict and controversial situations that arise with the Criminal Code and are resolved without going to court are legal in nature, since all management companies are official, commercial structures connected with tenants by the terms of the contract. The formation of HOAs does not initially pursue a commercial goal, since it assumes a common interest of owners in housing and communal services.
Which complaint is better to file - collective or individual?
The law does not provide for a mandatory pre-trial form for resolving disagreements with management companies. In case of violation of clauses of the contract, residents can write an individual or collective complaint against the management company. Samples of such statements do not have fundamental differences. From a legal point of view, they have the same legal force. A collective blasphemy is considered if two or more owners of the apartment building put their signatures under it.
You can send a complaint about the management company to the housing inspectorate in a collective letter or several individual letters. At the same time, it is difficult to say which type of appeal is more effective for citizens, which one is more likely to respond to in the Criminal Code itself or in the GLC. In most cases, the management company’s answers to complaints received from citizens resemble banal replies without specific explanations, and sometimes the Criminal Code completely ignores the tenants ’appeals.
However, the law does not establish rules and restrictions that would apply to individual or collective complaints. Both types of claims are made in any written form, and they are filed in two copies, one of which must remain in the hands of the applicant with a note of admission.
How to make a claim
The statement is drawn up according to the standard scheme: in the upper corner to the right place its “head”, and below it, on the remainder of the sheet, the main text of the appeal is set out. The so-called hat includes:
- the name of the Criminal Code, the address of its location;
- personal data of the person in charge of the management company;
- F. I. O. tenant and his passport data;
- place of residence;
- contact details for feedback;
- E-mail address.
Then, in the central part of the sheet, they write the word “Complaint”, “Claim” or “Statement”, and state the essence of the issue with a detailed description of all the important nuances, an indication of the requirements, as well as links to the legal acts by which the applicant is guided. At the end of the document, be sure to put a signature and date.
A copy of the contract concluded with the Criminal Code, as well as additional evidence of failure to fulfill the obligations of the Criminal Code (photo and video filming, audio recordings, expert reports, etc.) must be attached to the complaint about the management company in the GLC.
In the case of filing a collective claim, the same information is written at the top of the application, with the exception of F. I. O. tenant. Instead, they indicate that the complaint about the management company to the housing inspectorate is sent by the owners of the apartments living at specific addresses (moreover, all the apartments whose owners take part in the collective writing of the clause are listed). At the end of the document, all tenants agree with its contents.
The text does not allow the use of obscene words, curses, jargons, threats. The essence of the issue must be stated in an official form, clearly and concisely without emotional coloring.
Criminal Code Complaint Example
A complaint to the prosecutor about the management company is made in the same way as a written complaint to other authorities. Housing Inspectorate, Rospotrebnadzor help protect the rights of owners and keep their apartments in good condition. By decision of these organizations, an audit of the management company’s work may be initiated. If violations are found, the Criminal Code will have to eliminate them and report on the work done.
As an example of a complaint to the management company, we give a few sample statements.
Claim Methods
You can send a complaint to the appropriate authority in several ways:
- send by registered mail with a notification and a list of investments (if there is physical evidence, you can send a parcel, a parcel);
- write to the electronic reception on the official website;
- hand the complaint to the secretary in person or take it to the office.
Sending by registered mail is the most preferable and reliable way. Thus, the complaint will reach the addressee in any case and he will not be able to refer to the fact that the letter was not received, because the fact of delivery is recorded in a special journal with the signature of the recipient.
The text of the appeal is put together with additional documents and material evidence in a special package, an envelope, where they make an inventory of the attachment - a list of all attached items. It may include:
- copies of responses to appeals received from other authorities;
- photo, audio and video materials on a disk or flash drive;
- expert conclusions;
- receipts for payment of repair services;
- copy of the passport;
- other documents and confirmations used in the case.
The complaint is made in duplicate. If you hand it personally, it is important not to forget to register it as an incoming document and assign a personal number. The clerk should be asked to make a note about registering the claim on his copy. This mark will be confirmation that the complaint was indeed sent for consideration.
Can I file a complaint through the State Services website?
Today, you can make your claim to the management company without leaving your home, via the Internet. You can file a complaint directly with the management company on its official website, using the section intended for citizens. If you report violations by the Criminal Code to the housing inspectorate or other authorities, you must go to the Gosuslug website.
At the bottom of the page on the right side is the category “Our projects”. If you click on the item “Pre-trial appeal”, the corresponding dialog box and the “Report” button will appear. Having indicated which state body it is necessary to submit an application to and clicking the button, it automatically redirects to the website of this organization. Then, in a special form, an appeal is drawn up in which you need to describe the problem and attach supporting documents. The second method of filing a complaint to the management company through the State Services is used in a slightly different way: in the catalog on the website you need to select the service that was poorly provided and click the "Submit Complaint" button.
How long will the claim be considered?
The time period for considering a complaint depends on which organization the document was sent to, since each state body has its own work schedule, which indicates the procedure for studying citizens' appeals. Information on the procedure for handling complaints can be posted on the official website of the management company or any other supervisory authority. Mention of the terms for the study of claims is often indicated in contracts between tenants and the Criminal Code.
The total period for consideration of complaints may not exceed 30 calendar days, based on the norms of the Federal Law “On the Procedure for Considering Applications of Citizens of the Russian Federation”. This period is not counted from the day the claim was filed, but from the moment the application is registered. This time limit does not apply to management companies - the organization must review internal complaints within 10 business days, since it is not a state body.
If after this period a response from the Criminal Code is not received, such inaction may qualify as inaction and neglect. In general, the appeal of the management company’s actions is an exhausting protracted process.To achieve justice, it takes a lot of patience and perseverance. In addition, it is important to be knowledgeable and legally savvy in matters of housing legislation, since often the Criminal Code deliberately mislead residents.