A management company should be understood as a legal entity, a commercial organization that carries out trust management of property complexes of other legal entities and individuals transferred under an agreement. A striking example is the fact that today the number of appeals regarding the provision of housing and communal services in Russia is growing rapidly. And this is not surprising, because staying in an apartment building, one way or another, promises significant worries for absolutely all homeowners, namely issues with heating, cleaning the yard, repairing the entrance or water supply. This article details the responsibilities and responsibilities of the management company. In addition, the material provides many examples in order to get acquainted with current problems in practice.
Management company: value and objects of trust management
A management company is nothing other than an AO or LLC established in accordance with Russian law and licensed by the Bank of Russia to manage non-state pension funds and mutual funds, guided by the Law on Investment Funds. Today, the governing structure has the right to trust management:
- By means of pension savings.
- Mortgage coverage.
- Assets of a collective investment fund.
- Cash savings for the military in the housing plan.
- Insurance reserves of the respective companies.
- Pension reserves of non-state pension funds.
- Endowment capital of non-profit structures.
- Cash resources of the compensation fund of the organization of appraisers.
In addition, today often in the Russian Federation management companies are called associations created to implement managerial functions in financial and industrial groups or holdings. The management structure can also be understood as a utility operator involved in the management of the housing stock and its infrastructure. It would be advisable to consider this issue in more detail as a vivid example of trust management.
What does a management company do with respect to housing?
Today, the responsibilities and limits of responsibility of the management company are often of interest to apartment owners. Why? The fact is that the latter are often not satisfied with the quality characteristics of living in a particular house. If a citizen monthly finds in his payment documentation payment lines directly for the repair and maintenance of housing, but the funds go to an unclear place, then perhaps there is an administrative responsibility of the management company. What kind of organization should this really be?
To begin with, it should be noted that the form of control in the house does not play a significant role, be it HOA, UO or ZhSK. One way or another, services aimed directly at the owner are similar, which means that the area of responsibility of the management company will be the same. When a management structure is elected in a particular house, it is obliged to sign a management agreement with the owners of individual apartments (at least two-thirds of the area of the house) immediately after the formation of the minutes of the general meeting. So, the moment of conclusion of the contract document will be marked as the beginning of the management of the house.This means that the management company will have practical responsibilities, and it will also be appropriate to hold the management company accountable if necessary.
That is why the managing organization, as a rule, strictly observes all legislative acts regulating its activities. It is important to note that in the process, this structure is obliged to organize the possibility of free access to information about the managed object. First of all, their list includes directly the main characteristics of the house and information on financial and economic (economic) activities.
Where is the information posted
It should be noted that from 01.06.2016 all data reflecting the activities and responsibilities of the management company are mandatory to be posted in a specialized geographic information system of housing and communal services. So, a citizen has the opportunity to find all the necessary information. If the information required to be posted on the resource is missing, an individual has the right to contact the prosecutor's office or the State Housing Inspectorate.
In addition, in accordance with the Russian Housing Code, every year in the first quarter, absolutely all owners of residential premises should be at a meeting where they approve a report directly on the economic activity of managing the facility for the reporting period (previous year). If this procedure is not performed, then in most cases the administrative responsibility of the management company takes place.
It would be advisable to go to state supervisory authorities and express appropriate dissatisfaction.
Responsibilities of the management organization regarding the housing stock
Suppose a particular limited liability company is a housing management company.
She has specific responsibilities, included in the framework of activities directly to manage the house, where many apartments are located. It is important to add that all operations related to the repair and maintenance of the living space, this company undertakes to carry out in accordance with the boundaries of the collection of funds for the required purposes.
It must be added that all obligations in case of non-fulfillment entail the equivalent liability of the management company (LLC, for example). In addition, they are classified into several groups. So, the responsibilities of the managing organization directly in terms of housing include the following items:
- Cleaning of public places (in other words, porches).
- The cleaning of the yard (in other words, a piece of land located under an apartment building). It is necessary to add that in the case of the location of trees on a particular land plot, the issue of their sawing and pruning falls within the scope of responsibility of the management company. If a separate planting falls, as a result of which property complexes will be damaged or this will harm a particular tenant of the house, then you can safely file with the judicial authorities to recover damages to the managing organization.
- The maintenance of the facade of the dwelling in good condition (cleaning it from ads, painting graffiti, and so on).
- It is the responsibility of the management company to clean the sewage system for common risers.
- Implementation of preparatory measures for putting in order a residential facility for the autumn-winter period.
- The responsibility of the management company includes crimping and flushing the heating system.
- Verification of common house meters.
- Carrying out work on cleaning the roof from ice and snow in winter.
- The responsibility of the management company (housing and communal services is a prime example) includes concluding a contract directly with the emergency dispatch service.
- Implementation of disinfestation and disinfection of the adjacent territory and basements.
Facility repair responsibilities
In addition to the maintenance of housing, the management company is responsible for its repair. So, in accordance with this provision, it will be advisable to highlight the following activities:
- Carrying out repair work directly on the restoration of frames in the windows. In addition, it is also necessary to include the glazing procedure at the entrance or on the floor of a technical purpose, if necessary.
- Implementation of measures for painting and whitewashing porches.
- Organization of lighting in the entrances. In addition, lighting of the territory near the entrance is mandatory today.
- Carrying out repair work of the roof if necessary (for example, a leak).
- The implementation of repair work of common property complexes that are directly related to the provision of housing and communal services (risers of hot and cold water supply, sewage or heating, as well as power supply networks located inside the residential facility.
The provision of utilities
Suppose a limited liability company is a management company that undertakes to qualitatively carry out a number of measures to manage a residential multi-apartment building. So, her responsibilities directly for the provision of housing and communal services will include the following items:
- Providing all residents of an apartment building with utilities. Then, when a particular specialized company begins to manage an apartment building, there is a conclusion of a contract with an organization engaged in the supply of resources related to the supply of utilities. Thus, taken as an example, a limited liability company (management company) is responsible for the operation of absolutely all engineering systems. For example, if for a multi-apartment residential building such a utility service as heating is provided without fail, but it is not at home, then the responsibility somehow falls on the shoulders of the managing structure. That is why today often there is liability insurance for the management company. If this or that communal service is absent due to the fault of the organization engaged in the supply of resources, then the managing association is obliged in any case to protect the interests of the residents of the respective residential object, as well as to exert the maximum amount of effort to change the situation.
- Conducting a collection of funds for housing and communal services from residents of an apartment building. In addition, the management structure is obligated to carry out activities of a lawsuit nature, if necessary.
- Ensuring timely removal of large and solid household waste. So, today you can hold the management company accountable even for the fact that it did not conclude an agreement with the relevant garbage collection service.
additional information
In addition to the previous chapter, it is important to note that the managing organization has no right to demand funds in excess of the tariff for the performance of the listed works. If she really does not have enough money to organize the relevant activities at a normal level, then it is more advisable on the part of this structure to hold a general meeting of owners of residential premises out of turn in order to make calculations on this problem. In case of non-fulfillment of the above, any citizen residing in an apartment building has the right to apply to the State Housing Inspectorate (specialized supervision body).
Management Organization Responsibility
As it turned out, the management structure is obliged to carry out the widest list of works in relation to the apartment building, otherwise (due to inaction) it may be held liable.
It is for this reason that today there is liability insurance for the management company (housing and communal services, for example). It should be noted that before the law it bears the same responsibility as another structure. This means that administrative and criminal liability are appropriate here. It is important to add that today the prosecutor's office and the State Housing Inspectorate assume the main responsibilities for overseeing the work of the organizations considered in the article. To a lesser extent, but nevertheless, a wide range of powers in accordance with the audit of management companies is vested directly in state bodies of local self-government, the Russian consumer supervision, the police, as well as fire supervision.
Supervisory Authority Rights
It is important to note that each of the above organizations has the full right to impose a substantial fine on both a legal entity and an official for failure to comply or improper fulfillment of the requirements of relevant legislative acts. The main problem in this case is the possibility (or impossibility) to provide certain evidence that the violation exists in reality.
Considering the issue of responsibility of management companies, it would be advisable to recall the licensing of structures of the corresponding type of activity. Immediately after the management organizations had the obligation to obtain licensing permits, there was an opportunity, in case of unsatisfactory quality of activity, to deprive these licenses. One way or another, this kind of decision in some way affects the improvement in terms of the provision of housing services.
Activity Licensing
It is important to note that the authority corresponding to the procedure for revoking the license of a particular management structure is currently vested exclusively in the State Housing Inspectorate. In addition, this operation can be carried out only in court. It is necessary to add that today there is no practice of revoking licenses for the considered type of activity “from right to left”. Why? The fact is that in the case when the multi-apartment building is left without control (or is in temporary control), no one can give an absolute guarantee that another management structure will not implement management and organizational measures even worse than in the original case.
Here, the position of state authorities, mainly, is that the owners of individual apartments of a multi-family apartment building, in a joint association, have the right to re-elect their negligent management company anyway when it is really necessary. If the owners of apartments have no desire to unite, then, in principle, there is no sense in changing something in an apartment building.
What does non-fulfillment entail?
To date, the following types of responsibilities of the managing structure are known:
- Violation of the rules for the repair and maintenance of multi-apartment buildings in one way or another entails the imposition of a fine of an administrative nature directly on officials responsible for the maintenance and repair of an object in the amount of from 4,000 to 5,000 rubles. In the case of legal entities, the fine varies from 40,000 to 50,000 rubles under Article 7.22 of the Russian Code regarding administrative offenses.
- Violation of the requirements of a sanitary-epidemiological nature directly to the operation of residential and public facilities, structures, buildings and vehicles entails the imposition of a fine of an administrative nature on individuals in the amount of from 500 to 1,000 rubles; for officials - from 1,000 to 2,000; for entrepreneurs without forming a legal entity - from 1,000 to 2,000 or suspension of their activities, as a rule, for a period of up to 90 days; for legal entities - from 10,000 to 20,000 rubles or suspension of activity for a period of up to 90 days.
- If there are facts of improper maintenance of property complexes of owners of individual apartments of an apartment building, the managing organization may say goodbye to fifty thousand rubles.If there is a violation of the norm regarding the provision of tenants with public services (necessary resources), then the amount of the fine is usually equal to ten thousand rubles (in accordance with Article 44 of the Civil Code of the Russian Federation).
- In accordance with the Russian Civil Code, the management company bears full responsibility for unlawful acts or omissions that lead to damage to public property complexes and harm. In this case, the size of the fine varies depending on additional circumstances.
- Violation of fire safety standards, as a rule, entails administrative responsibility. An additional condition here is a fine on the management structure of 200 thousand rubles.
As it turned out, absolutely all types of activities of the managing structure are fixed by means of various legislative acts. With their skillful use, it is definitely possible to achieve the implementation of all varieties of work in an apartment building. However, we must not forget that the well-being of the object in the general sense depends directly on the degree of activity of the position of each homeowner.