Best of all are the residents of the apartment building who are constantly living there. Therefore, the initiators of the repair are most often they. Owners can state their requirements by filing an application with a housing management company. Read on how to draw up a document, what a management company should do and other issues.
Management Company Responsibilities
In accordance with the norms of the current legislation of the Russian Federation, any issues related to the maintenance of the housing stock were transferred from the state to the managing organizations and to the owners of premises in residential buildings.
What is the responsibility of housing management companies for maintenance and repair? Based on legislative regulations, the following obligations should be spelled out in the agreement between the owner and the management company:
- Ensuring the integrity of the structure by carrying out supporting repair and construction work.
- Implementation of measures to improve housing conditions.
- Timely and high-quality provision of residents of a multi-story building with communal resources (water supply, heat supply, electricity, gas, etc.).
- Making and sending payments for the services provided.
- Involvement of construction companies, contractors and other specialists for troubleshooting and repair work. The conclusion of an agreement with them.
- Creating safe living conditions.
- Systematic inspection of the house, various rooms and structures for wear and tear.
- Ensuring the cleaning of the entrance and the area around the house, as well as the timely removal of waste.
- Quick response to appeals of residents regarding breakdowns, deterioration of the building and its parts. On incoming applications should be checked, and subsequently - the elimination of identified problems.
What can tenants expect
An apartment building is an enormous structure in which repairs may be required for various components. It could be:
- The entrance. The tenants' application to the management company should contain a link to article 161 of the Housing Code (part 1). It says that this organization is obliged to provide residents with safe and favorable living conditions. In addition, it is necessary to indicate the essence of the problem: failure or poor performance of cleaning, breakdown of the stairs and overflights, broken glass, insufficient lighting, peeling paint, broken intercom, etc.
- Roof. In the Decree on the operation of residential buildings, a separate part (No. 4.6) is allocated for the maintenance and repair of the roof. A collective application to the management company must be supported by the relevant subclause of this legislative regulation.
- Overhaul. The overhaul costs are borne by the owners of the premises, so the initiative lies with them. To start it, a meeting of tenants will be required, where most of them (at least 2/3) will agree. To carry out major repairs of the house, a material base is formed from additional contributions from residents. This amount is calculated in accordance with the area of the premises separately for each owner. At the request of one citizen, it is possible to overhaul only a single part / structure of a building that poses a life threat.If within five days they do not react to such an application, the owner has the right to apply to the court / housing inspectorate or prosecutor's office.
- Balcony. Decree No. 170 states that all balconies must be safe. If a detachment, deformation, destruction, and other factors that are hazardous are detected, the employees of the managing organization must: close access to the facility, seal the passage, draw up a plan for reconstruction or repair, find and conclude an agreement with specialists in carrying out this kind of work, monitor progress and verify condition of the finished object. If the violation was revealed by the owner of the apartment, then he has the right to independently send a corresponding application to the management company.
- Walls. This is one of the most important parts of any structure, including an apartment building. According to the legislation, the following factors associated with walls are unacceptable: the formation of cracks, deformation, improperly located verticals, dumping of bricks, etc. Walls must be in such a state as to provide residents with safety, the required temperature and humidity levels, and the integrity of the overall structure. Opening a crack greater than one millimeter is a violation and a reason for contacting an authorized organization.
- Beauty and purity. The provision for each part of the apartment building contains a clause on maintaining cleanliness and finishing work. Therefore, the presence of dirt, paint falling off and other unsightly reasons are a good argument for drawing up a claim to the Criminal Code. You will find a sample application to the management company below.
Grounds for appeal to the Criminal Code
The law provides for several reasons for submitting an application to a managing organization:
- Failure by the company of direct obligations. For example, carrying out repairs in a previously defined period, turning on the heating in accordance with the temperature conditions on the street, and so on. These are the arguments for filing a claim.
- The desire to receive information about the activities of the Criminal Code. The owner has the right to request from the organization an estimate of the costs incurred for the repair work and other information of interest to him.
Statement
Faced with this issue for the first time, many citizens do not know how to write a statement to the management company. But the result directly depends on how legally correctly and correctly the document was drawn up.
You can draw up the text on a regular white sheet by hand, a special form or form for this case is not provided for by law. However, some companies accept applications exclusively on their forms. Therefore, before drafting a document, it is recommended to clarify this point.
The application for home renovation or its component should contain the following items:
- Application header. Information about the person whose name the application is sent to and the details of the company are indicated here. Further information about the applicant (initials, address and contacts) is recorded. All this is located in the upper right corner of the document.
- Main part. It describes in detail the problem / reason for the appeal. The approximate period of occurrence of the violation, a detailed description of the malfunction and the condition of the property at the current time must be indicated. In addition, this part of the text outlines the damage caused to the property of the owner (if necessary).
- Please fix the problem. At the end of the application, the requirements put forward should be spelled out. If there are several of them, then several points should be allocated, assigning each a serial number. The requirements are formulated clearly and clearly, without introductory constructions. It is necessary to describe the specific actions that must be performed by employees of the relevant organization. In order to have an idea about the compilation of this document, study the sample application to the management company posted in the article.
- List of applications to the application. At the end of the document, an inventory of the applications is compiled: acts, examinations, photographs, etc.
When writing an application, it is recommended to refer to regulatory acts indicating specific articles and paragraphs. As a basis, you can take the Residential Code of the Russian Federation, the Rules for the maintenance of property, ЗЗПП and so on. This is not mandatory, but indicates serious intentions.
Repair Request
When drafting a document requiring repair work, it is necessary to refer to the State Construction Decree under number 170 of 2003. It states that repairs should be carried out every 3 or 5 years, depending on the type of structure (physical wear is additionally considered). Further in the text it should be indicated to which classification the building belongs and when the construction work was last carried out. If violations are discovered upon verification, a repair will be scheduled. A sample application to the management company for repairs can be found below.
Roof leak complaint
A reference to government decree No. 491 of 2006, on the basis of which there is a clear violation of the contents of a residential building, should be included in the text of the appeal on the issue of roof leakage. Next, a specific problem is outlined - the roof located above a specific room is in an inappropriate condition that led to leakage. As a result, the apartment is constantly flooding.
A statement to the management company about the leak may also include a note on the damage caused. For this, the date of departure of the expert commission for the study of real estate, which established the fact of property damage, expressed in a certain amount, is indicated.
Information request
Each owner of the premises, if desired, has the right to request certain information from the housing organization. He may request information on all matters relating to the competence of the management company. For example, ask for the formulas used to charge utility bills, or an estimate based on which repairs were performed. You can get a sample application to the management company for information at the organization’s office.
Questions regarding heating
When writing an appeal on the issue of heating (delays in supply, mismatch in temperature), reference should be made to Government Decision No. 364. The text indicates that in the specified time period, residents of residential buildings without a personal heating system should receive this service. You can read the application to the heating management company below.
Bay Complaint
If the flooding occurred through the fault of the housing organization (for example, the poor condition of the pipes), then an appropriate appeal is drawn up in their name with the note “Urgent!”. It is important to assess the damage caused and write this amount in the document.
Recalculation
An application to the management company for recalculation for the payment of housing and communal services is executed in the form of a request with reference to the Housing Code and the Rules for the provision of services. The application must be considered within five working days from the date of filing.
General rules
Studying the sample application to the management company for repairs will allow you to correctly draw up and execute a document, and, accordingly, will increase the likelihood of a positive result.
The following shall be indicated in the document:
- Initials of the person to whom the appeal is directed.
- Applicant details, address of residence, contacts.
- Description of the problem.
- Requirements or requests.
- List of applications (if present).
- Date and signature.
Submission procedure
The application to the management company must be in accordance with all the rules. The result depends on it.
The document is made in duplicate.It can be transferred personally to the office of the housing organization or sent by letter by mail with a receipt of receipt.
If the application is submitted in person, it must be ensured that the housing worker puts on your copy a mark of admission indicating the date, time and signature. In addition, the application must be registered in a special journal of incoming correspondence. Otherwise, the review period may be extended indefinitely or never come at all. If you refuse to accept the application or make a signature on it, you should come again with two witnesses and put a note on your visit with a date and time on your document. Those who come with you should sign next to you.
When sending a letter by letter, it is recommended to draw up a registered item with an inventory. In the event of subsequent proceedings and appeals to the judiciary, the receipt will serve as evidence.
The timing
The statement adopted in its entirety by the managing organization does not guarantee a positive result. Quite often, companies refer to Federal Law No. 59 of 2006, which establishes the procedure for considering applications to state organizations, and state that a response will be given within 30 days. This is a violation.
This law refers to local authorities and state structures, to which housing organizations have no relation. Other terms are set for them.
Advice! Thoroughly study the agreement with your managing organization, it is in the text of this document that the terms of response to incoming appeals and complaints should be detailed in detail.
In the absence of this clause in the contract, the deadline for responding to an application to the management company is established by law and is 10 days from the date of submission. In addition, the applicant may indicate the deadlines for resolving the problem in the text. Naturally, they should depend on the situation and be rational.
Where to apply with a collective home repair application
A few years ago a new line appeared in the payment documents of apartment owners - contributions for major repairs. In accordance with the new Residential Code of the Russian Federation, these amounts can go to one of two structures: a regional operator or a special account, which is a kind of reserve for future overhaul.
Under the new rules introduced in January 2016, the housing organization may become the owner of this account. Residents at the general meeting may decide to transfer funds directly to this company.
However, apartment owners are in no hurry to transfer money to their management companies, so most accounts remain empty. This means only one thing - they are not required to carry out major repairs at their own expense.
If the multi-apartment building requires major repairs, then it is necessary to hold a meeting of residents, where an appropriate decision will be made. After that, the repair request is sent to the regional operator, since the funds paid by the homeowners are stored in the general account and distributed by this organization.
If the apartment owners decide to transfer funds to the management of their own housing company, you can increase the amount of contributions. This will allow you to accumulate an amount sufficient for all necessary work.
Any property during the operation requires repair. If you see that this need has come, and the responsible organization is in no hurry to solve the problem, then you should not wait. Make a statement with the requirement to eliminate violations and send where you need to.
Conclusion
In accordance with legislative norms, the management company must provide the owners of apartments with paradise conditions, but in practice it can be difficult to achieve even the most basic things, such as cleaning and security.If tenants see violations, then they must unite. In this case, the refusal of the Criminal Code to solve problems will be an argument for contacting the housing inspectorate and other bodies.