The management system of an apartment building comprises a number of organizational and legal aspects. Sometimes it’s beyond the reach of a specialist. Nevertheless, citizens have the right to manage their property, we will figure out how they can do it.
The purpose of the study
It is known that an apartment building is a complex complex, its maintenance requires the solution of many issues and knowledge of a serious amount of regulatory acts, it is necessary to constantly interact with citizens, organizations and authorities.
To this end, apartment owners should choose one of the proposed ways to manage their home. How effective each of them is, we will analyze below. Much is determined by the activity of residents and their willingness to solve common problems.
Legislative regulation
The control system of an apartment building is determined by a whole list of legislative acts:
- Housing Code - describes the rights and obligations of co-owners, offers management schemes and the procedure for their implementation.
- Government Decision of May 15, 2013 No. 416 or, in fact, the rules for managing an apartment building.
- The list of minimum services for the maintenance of the common property of an apartment building.
- Government Decision of September 23, 2010 No. 731 - standards for the disclosure of information by managing organizations.
- Other acts of authorities affecting the provision of services, other nuances.
Russian legislation regulates many sectors of life. The apartment house management system is no exception. The difficulty lies in the fact that many acts, repeating the provisions of the LC, introduce additional rules, instead of specifying the existing ones. In addition, regulatory material is scattered across numerous acts, many of which contradict one another.
You can not discount the opinions of the courts. The Constitutional Court, for example, periodically clarifies the provisions of the LC and other regulatory acts. Unfortunately, his position is not always taken into account by the judges when making decisions.
It also gives explanations to the Armed Forces of the Russian Federation, which is also not easy. They either change the practice of applying laws not for the better, or they do not say anything about the really serious problems that owners and management organizations and third parties face. In addition, in practice, references to them are ignored in specific disputes.
The legal system for managing an apartment building is a complex phenomenon, and it takes a lot of time to study it.
Regulation 416
The specified document is the most important regulatory act after the LCD. It broadens the understanding of many provisions of the LCD. Consider its structure:
- general provisions (management methods are listed);
- management standards;
- the procedure for the formation of a list of works and services for the maintenance of MKD;
- organization of emergency dispatch service;
- the procedure for the transfer and generation of technical documentation for MKD;
- procedure for termination of activities of the managing organization;
- order of disclosure of information by HOA, specialized cooperatives.
It can reasonably be argued that the decree of the Government of the Russian Federation on the management of apartment buildings highlights many points in detail.
Other regulatory acts
We will not consider other regulations in such detail. Regulation 416 directly affects the main nuances of management and directly or indirectly refers to other documents.
Goals and objectives of management
The management of an apartment building in the housing and communal services system is a system of measures aimed at achieving a number of goals:
- creation of favorable and safe living conditions;
- organization of the maintenance of the common property of an apartment building;
- solving the issue of using common property;
- organization of the provision of public services;
- maintaining engineering communications in good condition.
Management of an apartment building in the housing system is provided in the following ways:
- direct decision-making by the owners of residential premises;
- management of residential complexes by creating specialized organizations (HOAs, cooperatives) without concluding an agreement with a managing organization;
- conclusion of an agreement with the managing organization, the decision is made through the HOA or by making a decision at a meeting of property owners;
- management is provided by the developer before concluding an agreement with the managing organization.
The latter method is an intermediate option. Why? After putting the house into operation, someone should deal with the house. Developers are not specialized management organizations. Because of this, they try to conclude an agreement with the managing organization as soon as possible. She is given the technical documentation. Previously, some developers tried to create their own management companies, but their education is now complicated. A whole list of requirements is presented, it is necessary to obtain a license.
Below we will talk about each of the available control methods.
Apartment Management Standards
Decree 416 outlines the activities of managing organizations, and also establishes certain criteria to which the activity should comply.
In the section devoted to standards, in fact, a list of services and work on the management of an apartment building is given:
- the formation, storage, updating of documentation is organized in accordance with the rules of management and the provision of services for the maintenance of MKD;
- preparation of proposals for the management of common property to the general meeting of owners;
- development of a list of services for the maintenance of common property, taking into account the minimum acceptable amount;
- provision of calculation and justification of the price for services, disclosure of all information;
- development of plans for energy saving measures;
- preparation of the most profitable proposals for the transfer of common property for use by third parties (rent, etc.);
- promulgation of draft documents related to the management and maintenance of common property;
- preparation of documentation, claims, conclusion of agreements with resource-supplying organizations, use of specialized programs created to simplify documentation;
- organization and implementation of settlements with utilities and organizations providing goods and services in the course of management;
- ensuring effective control by co-owners (publication of indicators of financial and economic activity, other documents, etc.);
- organization of reception and consideration of applications, proposals and complaints;
- participation of owners in quality control of the work performed.
The list makes direct references to regulations governing the work with personal data and the provision of public services.
Direct participation in management
According to the RF LC, the management of an apartment building without creating a legal entity and involving a management company is possible provided that no more than 30 apartments are located in the house. Why did you decide to introduce such a restriction? The fact is known that it is difficult to agree to a large number of people on a decision that would suit everyone. But the inhabitants of small houses are more closely related. And in this situation it is easier to resolve issues, avoiding the bureaucratization of the process and unnecessary costs.
Such an apartment building management system involves direct tenants concluding agreements with resource-supplying organizations.
In this situation, it is primarily important to monitor the correctness of the general meeting, the execution of the protocol and the activities of the council of the apartment building. The law allows the general meeting to issue a power of attorney to a third party to represent its participants, for example, in relations with the North Ossetia, the authorities when drawing up the boundaries of the territory (the list of powers and cases for which the power of attorney is issued is not limited by law).
Based on the minutes of the general meeting, each owner enters into an agreement with the RNO. The law states that all who sign the agreement on the part of the co-owners are one party to the agreement.
Responsibility for the quality of services lies with the company that provides it. The boundary of liability is determined by the clauses of the agreement. The rules for the provision of services describe the line of responsibility of the consumer and the contractor.
Owners are responsible for the maintenance of shared networks. Therefore, one of them is engaged in their servicing, or an organization or person is selected who, on the basis of the contract, will be engaged in servicing. As you can see, this control method is quite suitable for small houses.
Creating HOA
HOA is a specific organization. It is a form of organization of co-owners of apartments for the maintenance of common property and the provision of utilities. The association can be created in one, at the same time in several houses (it is characteristic of small houses of several tens of apartments each). The organization may engage in other activities aimed at satisfying management needs.
How is its creation? The co-owners hold a general meeting and decide to create a union. The legislation strictly regulates the process of preparing for voting and the procedure for its implementation. In case of unlawful actions, this may lead to the liquidation of the partnership and the recognition of all its further actions as illegal, and they will be canceled.
The association begins to operate from the moment of state registration. The following list of documents is submitted:
- minutes of the general meeting;
- a copy of the charter signed by an authorized person certified by a notary;
- a list of persons who voted in favor of the creation of an HOA, with their personal data and an indication of the size of their shares in the common property that they own.
According to the LCD, the management of an apartment building rests with the director of the board or the chairman who decides operational issues, and the general meeting. The law divided competences and allocated powers that can only be exercised directly by the owners. For example, disposal of common property.
Homeowners associations operate on the basis of the Charter, developed in a standard form and approved by the authorities. Minor changes are allowed (to a limited extent). If there are violations, the housing inspectorate will issue a precept upon complaint or as part of the inspection, which the prosecutor's office or the court is entitled to cancel.
The activities of HOAs are quite formalized: all decisions are recorded in the minutes of general meetings, orders of the chairman. The organization has bank accounts, the use of cash is prohibited. The ability to accumulate funds is a significant advantage that is not available with direct control of the house. The only exception: regardless of the method of management, there is always the right to open an account for the accumulation of funds for major repairs.
Creation of cooperatives
In addition to the HOA, the co-owners are entitled to entrust the management of another legal entity, for example, a housing construction cooperative. However, unlike HOA, a cooperative is initially created for the construction of an object.Then the organization has the right to continue its existence. All his activities, like similar cooperatives, are similar to the work of HOAs. The reason is that the treatment of the common property of owners of an apartment building is based on the same rules.
Thus, the methods of managing the owners of premises in an apartment building by organizing associations are reduced to the scheme established for the HOA.
There are cases of the transformation of a cooperative into an HOA.
Management Company
Its feature is commercial. All other organizations have the status of non-profit, and their activities are not aimed at making a profit. Companies, on the contrary, are created precisely for this purpose. They are organized by both authorities and private individuals.
The company provides a full range of services, at the same time, the residents of the house have the right to choose another option for cooperation. Thus, the following options are offered:
- the management company fully services the house;
- The contract is concluded with the HOA to fulfill the list of works or services specified in the contract.
In the first case, no partnership is created; co-owners have the right to choose an organization at a general meeting. If for some reason the meeting is not held, or citizens are reluctant to participate in the choice of organization, a competition is appointed by the municipal authorities. Then they appoint a management company, which takes responsibility for the management of the common property of the house.
The advantage of this method is the availability of resources that HOA does not possess (equipment, personnel).
Which way to choose
The law provides several ways to organize the management of an apartment building. Owners have the right to choose the one that suits them the most.
What are the advantages of direct management, we examined above: the minimum cost, direct communication with organizations that provide services, and the lack of a complex and expensive management structure.
The creation of an association will require a greater degree of cooperation, but it gives citizens the opportunity to manage common property themselves. The management of the HOA or the cooperative is more attentive to the needs of residents. The opinion on the size of tariffs and the list of services is taken into account. The most important issues should be decided directly by the owners.
Although the rules for managing an apartment building are the same, it is easier for managing companies to "fence off" and it is more difficult for residents to achieve their obligations. The board of the association depends on its own neighbors.
Housing and communal services information system
In 2017, the portal of the informational state housing structure was launched, playing the role of a reference system for managing apartment buildings. It contains information about the authorities, companies and organizations responsible for the provision of housing and communal services. Homeowners associations, managing cooperatives and companies are also included here. The goal of the portal was to provide citizens with information about the quality, volume of utilities, violations that are allowed, and about the rights and obligations of people.
The system should be used primarily for calculating and paying payments, calculating subsidies. It is interesting that the legislation allows not to pay bills that are not entered into the system, encouraging market entities to join the system.
However, managing organizations, their representatives are faced with constant system malfunctions, and the process of registering and entering data is a cumbersome and complex procedure. There is confusion with the size of the housing space available to management organizations and contributed by Rosreestr.
Thus, the implementation of one good idea instead of the help system for managing apartment buildings created another problem.
Supporting Resources
Management activities require the simultaneous execution of many functions.At the same time, changes are introduced into the legislation on a daily basis, new explanations are given of existing regulatory acts, and judicial practice is analyzed. In order to simplify work with an increasing volume of information, for example, an electronic system “multi-apartment house management” has been created.
It allows you to systematize the available information, process it. Document templates are offered, it remains only to fill them out.
Finally
Management of an apartment building - a service provided to the owners of the house. They have the right to completely take everything into their own hands or transfer control to a specialized organization.
Another option is practiced - a managing cooperative or HOA is created, which enters into an agreement on the provision of services with the management company. The degree of HOA involvement in management is already determined by the parties.
The legal system for managing an apartment building represents a layer of regulatory legal acts (LCD, certain laws, government decrees of the Russian Federation, decisions of local authorities).
Constantly changing legal requirements, the complexity of many processes provoke an increase in the burden on those responsible for management. To make their life easier, specialized programs are being created, for example, the apartment building management system (ICFER).