An apartment building must be under the control of a management organization. However, many do not know where to go to find it and not make a mistake with their choice. There is a special competition for management of apartment buildings. In this article you can learn more about this and the features of selection.
General provisions
The competition for the selection of the managing organization of the microdistrict is held on the basis of Article 161 of the Housing Code. This section specifies requirements for organizations. It is also noted that apartment owners must decide on the type and method of regulating home property.
Important! The order of the Government of the Russian Federation dated 02/06/06 established all the subtleties of the process for electing the Criminal Code. In accordance with this order, the procedure for conducting the event is determined.
On the official website of the city administration you can find the rules governing the competition process.
Grounds and initiators of the competition
The primary motive is the transfer of the building for free use by residents. The time for selecting a management company, established by the state, begins counting from the moment keys are issued to residents.
The second motive begins to operate when the period allocated to the owners expires, if the method of managing the house is not selected. From this moment on, the regional enterprise controls the conduct of the project and carries out an open selection of the management organization to manage the microdistrict.
Two parties can act as initiators. Firstly, the owners of residential premises themselves. The regional self-government center can also influence the implementation of the competition to select a management company. The management committee cannot freely organize meetings.
Also, residents who refuse the services of the management organization are required to choose a new company. 
How to choose a management company for an apartment building?
Initially, residents should find out about all applicants for the role of management company for their home. Organizations can also “promote” themselves by communicating with owners or distributing brochures. Residents often argue about the choice of control method. To resolve the conflict, it is worth holding a small debate between the owners. When the main contenders have been appointed, the date for the event should be decided.
Important! There are two parties involved in the selection: the owners of apartments in the building and the authorized management company. Information about the competition can be brought to the attention of the owners either through a general announcement at the stand or through a personal invitation to each person. In case of a lack of votes among candidates, repeat elections are announced.
If the meeting is carried out thanks to a local government body, then its representative must also be present at the event. If residents have mixed opinions and their votes are very different, a representative of the administration chooses the winner.
Elections can be open or closed (using ballots). The peculiarity of an open competition is that participants raise their hands, thereby voting for the desired applicant. The more hands raised, the more likely the organization is to win.
Regulations for the competition
The basic rules for holding the event are prescribed in Article 161 of the RF Housing Code. All voting participants must be familiar with this act in order to be prepared for the event.
If the competition is controlled by a local government body, they take control of compliance with the above article. At the same time, the other party does not have to worry about the organizational part of the event and its compliance with the articles of the Russian Federation.
Ways to notify owners about the competition:
- Personally inviting residents to a meeting or invitation through the use of a cell phone call/message.
- Notification via mailbox.
- Announcement at the stand.
- Publishing the news in a local newspaper/brochure.
- Participants of the competition should be notified about its holding one month in advance.
Application for participation
Applications are submitted to a representative from the owners of apartments in the building. They should contain some information: the name of the management company, the cooperation program, the responsible person, conditions and contact details.
Components of the competition:
- Subject of the competition. This unit is the money of home owners. The winning company will provide a report on the funds spent, discussing the conditions and purposes of these expenses.
- Subject of bargaining. Simply put, the subject of bargaining is the money that the management company will receive for its activities. The wages of applicants can be completely different; there are no minimum or maximum values.
- Participants. There are two parties to the selection process. The first is the owners of the premises, the residents. And the second is companies applying to manage the microdistrict.
Conducting the competition and summing up the results
It is important to remember that at least 2/3 of the residents of the mkd must be present at the competition. Otherwise, the event cannot be considered objective, since most of the owners were not present at it.
At the meeting, all applicants talk about their company. That is, bidding is taking place. They discuss all the advantages of cooperation with them. To prove that they are right and the benefits of working with them, they can give examples of their work with other houses. If desired, indicate the shortcomings of rival organizations. There are no specific rules for these trades.
After the presentation part, voting begins. Its appearance is chosen by voters. If the type of ballots is chosen, they cannot be thrown away after the votes are counted. They may still be needed to prove the reliability of the result.
Appealing the results of the competition
Participants have the right to disagree with the results of an open competition if they suspect fraud in the vote count. To appeal the results, you should use the city court appeal. Ballots or video recordings from the event should be provided as evidence (you should worry about installing video cameras in advance, this will greatly facilitate and shorten the consideration of the case in court). If there were no video cameras at the site, several witnesses will be needed in court to confirm the data.
If during the consideration of the case at the event, violations are truly revealed, the court will close the case. The decision made in this case will be positive for apartment owners. After this, it will be necessary to hold a second vote, and a representative of the administration will be present at the event.
Concluding a management agreement for an apartment building
If both parties agree to the outcome, the open competition for the management of the apartment building begins the final stage - signing the contract. At this stage the following should be present:
- Representative of the management organization.
- Representative of the owners (or representatives).
- Notary. He must check the document being signed and certify it.
Before signing a management agreement for an apartment building, the terms and responsibilities of each are once again discussed between the parties. It is also important to find out what the motives for canceling a document may be in order to be prepared for this. A representative of the owners, after consulting with them beforehand, can discuss their wishes. It is important to talk about the chosen method of managing this house. After this, with the agreement of the parties, the document is signed.
2 copies are created - one for the representative of the management organization, and the second for the representative of the apartment owners. If desired, you can create the required number of copies to distribute to all residents.
From the moment the contract is concluded, the competition to select a management company ends.
To summarize, we can say that the procedure for holding a competition to select a management organization for an apartment building is a fairly simple regulation. One of the main parts is to choose the right bidders to ensure a good future for the house.
The management organization wants to oblige the owner of the premises to enter into a management agreement for the apartment building
The management organization wants to recognize the actions of the local government body in selecting a management organization to manage apartment buildings as illegal, since the owners of the premises have already chosen a management organization
The owner of the premises wants to compensate for losses incurred as a result of an emergency situation in the apartment building
The management organization was ordered to stop managing the apartment building
The new management organization wants to recover money from its predecessor for repairs (maintenance) of the common property of an apartment building
See all situations related to Art. 161 Residential Complex of the Russian Federation MKD
1. The management of an apartment building must ensure favorable and safe living conditions for citizens, proper maintenance of common property in an apartment building, resolving issues regarding the use of said property, as well as the provision of utilities to citizens living in such a house, or in the cases provided for in Article 157.2 of this Code, constant readiness of utilities and other equipment that are part of the common property of the owners of premises in an apartment building for the provision of utility services (hereinafter referred to as ensuring the readiness of engineering systems). The Government of the Russian Federation establishes standards and rules for the management of apartment buildings.
(see text in the previous edition)
1.1. Proper maintenance of the common property of the owners of premises in an apartment building must be carried out in accordance with the requirements of the legislation of the Russian Federation, including in the field of ensuring the sanitary and epidemiological well-being of the population, on technical regulation, fire safety, consumer rights protection, and must ensure:
1) compliance with the requirements for the reliability and safety of an apartment building;
2) safety of life and health of citizens, property of individuals, property of legal entities, state and municipal property;
3) availability of use of premises and other property included in the common property of the owners of premises in an apartment building;
4) compliance with the rights and legitimate interests of the owners of premises in an apartment building, as well as other persons;
5) constant readiness of utilities, metering devices and other equipment that are part of the common property of the owners of premises in an apartment building, to supply the resources necessary to provide public services to citizens living in an apartment building, in accordance with the rules of provision, suspension and restriction provision of utility services to owners and users of premises in apartment buildings and residential buildings, established by the Government of the Russian Federation.
1.2. The composition of the minimum list of services and works necessary to ensure proper maintenance of common property in an apartment building, the procedure for their provision and implementation are established by the Government of the Russian Federation.
1.3. Activities related to the management of apartment buildings are carried out on the basis of a license for its implementation, with the exception of the case when such activities are carried out by a homeowners’ association, housing cooperative or other specialized consumer cooperative and the case provided for in Part 3 of Article 200 of this Code.
2. Owners of premises in an apartment building are required to choose one of the methods of managing an apartment building:
1) direct management of the owners of premises in an apartment building, the number of apartments in which is no more than thirty;
(see text in the previous edition)
2) management of a homeowners’ association or a housing cooperative or other specialized consumer cooperative;
3) management of the management organization.
2.1. When carrying out direct management of an apartment building by the owners of premises in this building, persons performing work on the maintenance and repair of common property in an apartment building, providing cold and hot water supply and carrying out sewerage, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating ( heat supply, including the supply of solid fuel in the presence of stove heating), management of solid municipal waste, are responsible to the owners of the premises in this house for the fulfillment of their obligations in accordance with concluded agreements, as well as in accordance with the rules established by the Government of the Russian Federation for the maintenance of general property in an apartment building, rules for the provision, suspension and limitation of the provision of utility services to owners and users of premises in apartment buildings and residential buildings.
(see text in the previous edition)
2.2. When managing an apartment building by a homeowners' association or a housing cooperative or other specialized consumer cooperative, the said partnership or cooperative is responsible for the maintenance of common property in this building in accordance with the requirements of technical regulations and the rules established by the Government of the Russian Federation for the maintenance of common property in an apartment building, for the provision of utilities services depending on the level of improvement of a given house, the quality of which must meet the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and limitation of the provision of utility services to owners and users of premises in apartment buildings and residential buildings, or in cases provided for in Article 157.2 of this Code, for providing readiness of engineering systems. The said partnership or cooperative may provide services and (or) carry out work on the maintenance and repair of common property in an apartment building on its own or attract, on the basis of contracts, persons carrying out the relevant types of activities. When concluding an agreement for the management of an apartment building with a management organization, the specified partnership or cooperative exercises control over the management organization’s fulfillment of obligations under such an agreement, including the provision of all services and (or) performance of work ensuring the proper maintenance of the common property in this building, the provision of utilities services depending on the level of improvement of a given house, the quality of which must meet the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and limitation of the provision of utility services to owners and users of premises in apartment buildings and residential buildings.
(see text in the previous edition)
2.3. When managing an apartment building by a management organization, it is responsible to the owners of the premises in the apartment building for the provision of all services and (or) performance of work that ensure the proper maintenance of the common property in this building and the quality of which must meet the requirements of technical regulations and maintenance rules established by the Government of the Russian Federation common property in an apartment building, for the provision of utility services depending on the level of improvement of the building, the quality of which must meet the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and limitation of the provision of utility services to owners and users of premises in apartment buildings and residential buildings, or in cases provided for in Article 157.2 of this Code, for ensuring the readiness of engineering systems.
(see text in the previous edition)
ConsultantPlus: note.
If you change the method of managing apartment buildings or select a management organization, you can decide to maintain the previous procedure for the provision of utility services and payments for them (Federal Law of June 29, 2015 N 176-FZ).
3. The method of managing an apartment building is chosen at a general meeting of owners of premises in the apartment building and can be chosen and changed at any time based on its decision. The decision of the general meeting on the choice of management method is mandatory for all owners of premises in an apartment building.
(see text in the previous edition)
3.1. Upon termination of management of an apartment building by a homeowners' association, housing or housing-construction cooperative, or other specialized consumer cooperative, the said partnership or cooperative, within three working days from the date of the decision of the general meeting of owners of premises in the apartment building to change the method of managing such a building, is required to transfer technical documentation for an apartment building and other documents related to the management of such a building, keys to premises that are part of the common property of the owners of premises in an apartment building, electronic access codes for equipment that is part of the common property of owners of premises in an apartment building, and other technical means and equipment necessary for the operation and management of an apartment building, to the person who has assumed the obligations to manage the apartment building, or in the case of choosing a direct method of managing an apartment building, to the owner of the premises in the apartment building, indicated in the decision of the general meeting of owners of the premises in the apartment building on the choice of the direct method management of an apartment building, or, if such owner is not indicated, to any owner of premises in such an apartment building.
4. The local government body, in the manner established by the Government of the Russian Federation, holds an open competition for the selection of a management organization in the cases specified in part 13 of this article and part 5 of article 200 of this Code, as well as if within six months before the date of the of the specified competition, the owners of premises in an apartment building did not choose a method of managing this building or if the decision made to choose a method of managing this building was not implemented. An open competition is also held if, before the expiration of the management agreement for an apartment building, concluded as a result of an open competition, a method of managing this building has not been chosen or if the decision made to choose a method of managing this building has not been implemented.
(see text in the previous edition)
4.1. Information about an open competition for the selection of a management organization is posted on the official website of the Russian Federation on the Internet information and telecommunications network for posting information about bidding (hereinafter referred to as the official website on the Internet). The Government of the Russian Federation determines the official website on the Internet and the body authorized to maintain it. Before the Government of the Russian Federation determines an official website on the Internet, a notice of an open competition is posted on the official website of the municipality on the Internet information and telecommunications network, and is also published in the official printed publication intended for publishing information on the placement of orders for municipal needs . Information about the said competition must be available for review to all interested parties without charging a fee. Information about the results of an open competition is posted on the website on the Internet information and telecommunications network, on which information about its conduct was posted, no later than three days from the date of determination of such results, and is also published in the official printed publication in which information about it was published its implementation.
5. The local government body, within ten days from the date of the open competition provided for in Part 4 of this article, notifies all owners of premises in an apartment building about the results of the said competition and the terms of the management agreement for this building. The owners of premises in an apartment building are required to conclude a management agreement for this building with a management organization selected based on the results of an open competition provided for in Part 4 of this article, in the manner established by Article 445 of the Civil Code of the Russian Federation.
6. The local government body, no later than a month before the expiration of the term of the apartment building management agreement specified in Part 5 of this article, convenes a meeting of the owners of the premises in this building to decide on the choice of method of managing this house, if such a decision has not previously been made in accordance with part 3 of this article.
(see text in the previous edition)
7. Any owner of premises in an apartment building may apply to the court with a demand to oblige local governments to choose a management organization in accordance with the provisions of Part 4 of this article.
(see text in the previous edition)
8.1. It is not allowed to conclude an agreement for the management of an apartment building based on the results of an open competition or if the said competition is declared invalid, earlier than ten days from the date of posting information about the results of the said competition on the official website on the Internet. This requirement does not apply until the Government of the Russian Federation determines an official website on the Internet.
9. An apartment building can be managed by only one management organization.
(see text in the previous edition)
(see text in the previous edition)
10.1. The management organization is obliged to provide free access to information about the main indicators of its financial and economic activities, about the services provided and about the work performed for the maintenance and repair of common property in an apartment building, about the procedure and conditions for their provision and implementation, about their cost, about prices (tariffs) for the provided utilities through its placement in the system. The procedure, composition, terms and frequency of posting in the system information about the activities of managing an apartment building and providing for review of documents provided for by this Code, a homeowners' association or a housing cooperative or other specialized consumer cooperative managing an apartment building (without concluding an agreement with the management organization ), are established by the federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of information technology, together with the federal executive body, carrying out the functions of developing and implementing state policy and legal regulation in the field of housing utilities, unless a different period for posting the specified information in the system is established by federal law.
(see text in the previous edition)
11. In the case provided for in Article 157.2 of this Code, a management organization, a homeowners’ association or a housing cooperative or other specialized consumer cooperative that manages an apartment building, in the manner established by the Government of the Russian Federation, is obliged to:
1) provide resource supply organizations, the regional operator for the management of municipal solid waste with information necessary for charging for utility services, including the readings of individual metering devices (when such readings are provided by the owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or lease agreements for residential premises of the state or municipal housing stock in a given building of a management organization, a homeowners' association or a housing cooperative or other specialized consumer cooperative) and collective (community) metering devices installed in an apartment building;
2) monitor the quality of communal resources and the continuity of their supply to the boundaries of the common property in an apartment building;
3) accept from the owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or rental agreements for residential premises of the state or municipal housing stock in a given building about violations of the requirements for the quality of public services and (or) the continuity of provision of such services, violations in the calculation the amount of payment for utility services and interact with resource-supplying organizations and the regional operator for the management of municipal solid waste when considering these applications, checking the facts stated in them, eliminating identified violations and sending information about the results of consideration of applications in the manner established by the Government of the Russian Federation;
4) provide resource-supplying organizations with access to common property in an apartment building in order to suspend or limit the provision of utility services to owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or lease agreements for residential premises of the state or municipal housing stock in a given building or by agreement with resource supply organizations suspend or restrict the provision of utility services to owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or lease agreements for residential premises of the state or municipal housing stock in a given building.
(see text in the previous edition)
11.1. When an apartment building is directly managed by the owners of the premises in the apartment building, the utility service for the management of municipal solid waste is provided to the owners and users of the premises in this building by the regional operator for the management of municipal solid waste.
12. Management organizations, homeowners’ associations or housing cooperatives or other specialized consumer cooperatives that manage apartment buildings do not have the right to refuse to conclude, in accordance with the rules specified in Part 1 of Article 157 of this Code, contracts, including in relation to communal resources , consumed in the maintenance of common property in an apartment building, with resource supply organizations that provide cold and hot water supply, sewerage, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of a stove heating), and the regional operator for the management of municipal solid waste, except for the cases provided for in Part 1 of Article 157.2 of this Code. The validity period and other conditions of these agreements, including those concluded in relation to the acquisition of communal resources consumed during the use and maintenance of common property in an apartment building, are established in accordance with the rules specified in part 1 of article 157, part 4 of this article, open tender. Within ten days from the date of the open competition, the local government body notifies all persons who accepted from the developer (the person providing the construction of the apartment building) after issuing permission to put the apartment building into operation of the premises in this building under the transfer deed or other transfer document, on the results of an open competition and on the terms of the management agreement for this house. These persons are required to enter into a management agreement for this house with a management organization selected based on the results of an open competition. If within two months from the date of the open tender the owners have not concluded a management agreement with the management organization, such an agreement is considered concluded on the terms determined by the open tender.
Part 7 of Article 46 of this Code. In the event of the sale or otherwise alienation of the first premises in this apartment building, the owners of the premises in this apartment building, within one year from the date of sale or otherwise alienation of the first premises in this apartment building, must choose at a general meeting of such owners and implement a method for managing this apartment building .
15. The organization that supplies the resources necessary for the provision of public services is responsible for the supply of these resources of appropriate quality to the boundaries of the common property in an apartment building and the boundaries of the external networks of engineering and technical support for this building, unless otherwise established by an agreement with such an organization.
15.1. The regional operator for the management of municipal solid waste is responsible for the provision of public services for the management of municipal solid waste starting from the place of accumulation of municipal solid waste, unless otherwise established by the contract.
(see text in the previous edition)
16. The person who is responsible for the maintenance and repair of common property in an apartment building, within the scope of providing these services, is obliged to ensure the condition of the common property in the apartment building at the level necessary to provide utility services of proper quality.
17. Management of an apartment building, in respect of which the owners of the premises in the apartment building have not chosen a method of managing such a house in the manner established by this Code, or the chosen method of management has not been implemented, a management organization has not been determined, including due to the recognition of an open selection competition as invalid management organization, carried out by a local government body in accordance with this Code, is carried out by a management organization that has a license to carry out entrepreneurial activities for the management of apartment buildings, determined by a decision of the local government body in the manner and under the conditions established by the Government of the Russian Federation. Such a management organization carries out activities to manage an apartment building until the owners of the premises in the apartment building choose a method of managing the apartment building or until the conclusion of an agreement for the management of the apartment building with a management organization determined by the owners of the premises in the apartment building or based on the results of an open competition provided for in Part 4 of this article, but no more than one year.
Initially, the issue of home ownership management is dealt with by the developer.
He receives permission to put the house into operation, then within 5 days from this moment he, at his own discretion, chooses a management company with which for 3 months.
At the same time, the local government, within 20 days from the moment the apartment building is put into operation, notifies that the house is being put up for an open competition to select a management company. Within 40 days from notification of the event, the local government body must hold this competition and inform all shareholders about its results within 10 days from the date of its completion.
Management activities are assigned to the company or by the local government, since not all apartments are occupied and there are few owners to vote for the management company.
Grounds for holding the competition
The first basis for holding an election competition is the delivery of an apartment building for direct use or operation.
When the construction stage is completed, and the owners have received their documents and the long-awaited keys, the law allots a certain period for the residents to choose a management method.
The second basis arises due to failure to fulfill the will of the legislator. If, within the allotted period of one month, the residents do not choose a management method, the local administration takes control of this issue and helps residents decide on a management method.
If the owners refused the services of one management company, they will need a new organization that services the common property. Thus, a change in the organization for managing an apartment building can also be considered grounds.
Reference! The law provides for situations where she breaks the contract. In this situation, it is also necessary to select a new management company for the apartment building.
Competition rules
Regulatory acts
To familiarize yourself with the acts of your particular municipality, you should go to the website of the city administration.
In addition, when holding a competition, it is important to be guided by the articles of the Housing Code, as it says. The rules for holding a competition for the selection of a management company, adopted by Government Decree No. 75 of February 6, 2006, are the main source in accordance with which the entire procedure takes place. Read in advance all the nuances specified in this act.
In recent years, the legislative system of our country has been reformed more and more often, and the Housing Code has not been spared innovations. Some articles reveal themselves more fully in Federal Law No. 38 of April 5, 2013. The act talks about the changes that have been made to the Housing Code, and also provides some comments on the articles.
Participants
The participants in the competition are, on the one hand, voters, that is, residents of the house and the local government body (SRO), and on the other hand, an applicant or applicants for mandatory management of the entire house.
The number of applicants is not limited, the main thing is to familiarize residents in advance with your participation in the auction.
Subject of the competition
The subject of the competition is the right to manage the house and common property, which will be expressed in the conclusion of an agreement between the parties for a limited or unlimited period.
The subject may also include funds that the management company will manage by providing reporting to residents.
Subject of the auction
The subject of bargaining is payment for the activities of the management company, as well as its capabilities in property management. So, if one management company has valued its services and work at a certain amount, another may lower the bar and thus be more interesting to the owners.
Reference: During the bidding, management companies introduce owners to the results of their work in other areas, talk about possible prospects for cooperation and the program of action for the first time.
How is the winner determined?
If the initiators of the competition are the owners of an apartment building, then the winner is determined by voting.
The competition can be:
In both cases, the results obtained are summarized and a management company is appointed. But there is one “but”.
If the sum of votes cast for the winner still does not reach the fifty percent mark, the company with the most votes does not pass the competition. Unanimity of owners is required, which manifests itself in voting, where more than half of all votes are cast for one candidate.
All or more than two thirds of all owners must be present during the competitive selection. If 2/3 of all residents of the house are absent, the competition cannot be considered objective and the management company cannot be elected.
If the initiator of the competition is a local government body, it itself appoints the management committee or adds its vote to the votes of residents.
Selection deadlines
The management company must be elected within a month from the moment the house is put into operation. If this does not happen, the self-government body has the right to help residents make their choice for another month. Thus, The entire procedure for appointing a management company should not take more than two months.
Who has the right to initiate a tender?
Only the following can initiate a competition to select a management company for an apartment building under the current Housing Code:
- Residents who choose a management company immediately after the completion of a new building.
- Local government - within a month the administration must receive information about the organization servicing the house. If this does not happen, the local government independently initiates the election of a management company through a competition.
Herself The management company does not have the right to call residents to meetings, arrange meetings and sessions.
How to choose a management company for an apartment building?
All residents of the apartment building must be notified in advance about the choice., the most suitable for this is an evening walk-through of apartments (when all residents return from work) or information by phone/SMS/announcement at the entrance to the house.
Application for participation
Applications for participation are submitted on behalf of management companies. They must indicate the name of the management company, the responsible person, the program under which the cooperation should take place, conditions and contact information. You can accept an unlimited number of applications.
Notice
The notice of a competition to select a management organization must comply with a number of rules, and first of all, be available to every owner.
Here main ways to notify owners:
- personal notification to each owner by visiting the property;
- publication of information about the meeting in local media;
- publication on the website of a local government body;
- notification by invitation to the mailbox;
- placing information on stands at each entrance;
- calling each of the owners.
Voting procedure when choosing a management company
The first step is for the owners to familiarize themselves with all the applicants for the position of management company before voting begins.
For this The time and date of the meeting are determined, and the information is posted on a common stand, where all owners have access. It is also possible to personally invite each owner to the meeting.
All management companies, without exception, can introduce the terms of their cooperation to owners through personal communication, distributing leaflets, and publishing articles on Internet resources.
On the day of the competitive selection, representatives of management companies, as well as most of the residents of the house, must appear. Representatives of organizations once again familiarize residents with their conditions, proposing certain clauses in the contract. Next, voting begins, which can be either open or closed.
If the initiator of an open competition for the selection of a management organization is a municipal body, then information about the meeting should also be conveyed to the owners, but the presence of representatives of local government bodies will also be required at the meeting.
Important! In the absence of unanimity in the vote, it is the representative of the local government who appoints the management committee.
Opening envelopes and reviewing applications
Applications are reviewed carefully and discussed directly at the meeting. From these, a list of the most worthy and trustworthy candidates is formed, from which the winner is selected.
The moment of opening the envelopes with applications is recorded in the minutes of the meeting. Owners can ask questions of representatives in an attempt to obtain the most complete information.
Conducting the competition and summing up its results
A competition to select a management organization for an apartment building is held immediately at the meeting, after all candidates have been presented.
When all votes are recorded in the protocol, the result is announced. If the voting took place in the format of ballots, the papers are not thrown away, but remain in order, if necessary, to confirm the legality of the victory of a particular management company.
When the winner is announced, the prospects for the future contract are discussed with him, a document is drawn up and signed. The remaining candidates who do not receive the required votes leave the meeting.
Sample minutes of the general meeting
Examples of drawing up minutes of a general meeting to select a management company are presented below.
How does the administration choose a management company?
Reference: if the residents did not independently elect a management company within the specified period (one month), then the selection and appointment of a manager is the responsibility of the district administration.
In this case, specialists appoint a competition among management companies (both parties are required to be notified of the competition - the owners of the apartment building and all management organizations that may participate in it).
Actions of the administration in this process:
The developer can enter into a building management agreement with the management company no later than five days after the apartment building is put into operation. Residents of the house have the right to leave the same company within a month after putting the house into operation.
Concluding a management agreement for an apartment building
The final stage of the competition is. As a rule, it is drawn up in the presence of representatives of the owners and management company.
Once again, all the details, the duration of interaction, and possible reasons for termination of the contract are discussed. After this, the agreement is certified by a notary and signed by the parties.
The agreement is signed in two copies— one will be kept by the management company, the other by the owner’s representative.
Residents can specify their wishes for property management, but be sure to coordinate this with a representative of the organization. As soon as the agreement is signed, the management company can begin its direct responsibilities.
What types of violations are there?
Violations of the selection of the management company are associated with the election process itself:
Any violation of the selection process not only entails dissatisfaction among residents of the selected management company, but also jeopardizes the financial side of cooperation.
To appeal detected violations, apartment owners do the following::
- statement of discovery of a violation;
- collect signatures from residents indicating consent and participation in the accusatory process;
- collect the necessary evidence. This could be video recording of the voting process, ballots, irregularities in the work of the management company, etc.
Persons who discover violations must contact the prosecutor's office or the district court.
The competition for selecting a management organization for an apartment building is not as complicated as it might seem at first glance. Remember your rights as an owner, and then no one will be able to infringe on them.
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Which sets out the rules of procedure for selecting a management organization.
Paragraph 3 of Government Resolution No. 75 states that if the owners do not choose a management method for their apartment building within 30 days, then this issue automatically falls within the competence of self-government bodies. Accordingly, this body will select a company that will become common property. Each municipality has its own regulations that apply at the local level.
To familiarize yourself with the current acts of a particular entity, you must visit the official website of the local administration. Recently, innovations have often been introduced into the legislation of the Russian Federation, this also affected the Housing Code. Federal Law No. 38 of April 5, 2013 regulates all changes that have been made to the Housing Code of the Russian Federation.
When are elections for a management company held in new buildings and long-occupied buildings?
When the house is prepared for commissioning, it becomes necessary to choose the type of control. In this regard, it is necessary to hold a competition. When all stages of construction have come to an end, and the owners have completed all the necessary documents and received the keys to their apartments, according to the law within one month, owners are required to choose a management method apartment building.
Also, the basis for holding a competition is the fact that the owners have not decided on the form of management within the allotted time. The local administration body takes responsibility and independently selects the management organization for the apartment building.
The initiator of the severance of business relations is the management company itself. And this is also considered the basis for.
Competition for the selection of a management organization for an apartment building
The Housing Code of the Russian Federation states that Only two parties can initiate the competition. One party is the residents of the apartment building, who, after receiving documents and keys to their apartments, proceed to select a company, and the second party is the local government.
Within 30 calendar days, the local administration must receive information about the selected management organization for the apartment building.
In the absence of information within the established period, the administration begins to search for a management company on its own, initiating an open competition to select a management organization. The management company itself does not have the authority to organize meetings for residents.
Participants
The participants include owners of apartments in apartment buildings, local authorities, as well as potential applicants. Wherein the number of candidates for management may be unlimited. The main thing is to notify residents of apartment buildings in a timely manner about their participation.
Subject of competitive selection
The subject of the competition in this case will be the very right to manage the apartment building and all the property that belongs to it. This right is secured by drawing up an agreement for a certain period.
Reference! The terms of the agreement are negotiated separately and may or may not be limited.
The subject of the competition also includes the financial side of the issue. All funds that will be at the disposal of the new management company are considered the subject of a competition.
Subject of the auction
The remuneration that the management organization will receive for its work is called the subject of bargaining. Thus, owners have the right to choose the company, which is the most profitable for them in terms of price, if it offers equivalent services among its competitors.
For example, among the applicants there are two companies with the same list of services. However, one organization values its work at half as much as the other. During the auction, candidates tell residents of the building about their merits at other residential properties, as well as prospects and plans for the future.
How is the winner of an open competitive selection determined?
- The open method involves raising your hand or another specific gesture.
- Written voting by filling out a special ballot is called closed voting.
All votes received through these methods are ultimately added up. And then a decision is made on the appointment of the selected management company. However, there is one caveat. If the sum of the counted votes of the leading company is less than 50%, then the vote is considered invalid. The important point here is the consent of the majority of residents of the house, which can only be revealed by voting.
If the initiator is a local government body, then it independently appoints the management company (in the absence and unwillingness of residents to vote), or adds its vote to the opinion of the owners. It is worth remembering that the majority of the residents of the house, at least 2/3 of the population of the apartment building, must be present at the general vote (during the competition).
If this number could not be collected, the competition is considered not objective. In such a situation, the company cannot be selected. All owners must be in the same room when voting. Walking through doorways and agitating citizens is prohibited.
How to choose a management company for an apartment building?
Let's consider the procedure for choosing a management company for an apartment building. First, each resident of the apartment building must personally familiarize himself with all types of activities of each applicant. This must be done before voting begins. After determining the date and time of the general meeting, all data is posted on the information stand. The notice board is freely accessible to all residents. It is also possible to personally invite each person to attend the meeting.
Attention! All candidates for MKD management have the right to present themselves and their activities in any possible way.
Popular methods are:
On the appointed day of the competition, all applicant organizations, as well as most of the residents of the house, must be present. Candidates re-introduce people to the terms of the agreement and their activities. After this, voting begins. At the end of the process, a leader is identified. If there are not enough votes to select the winner, the procedure is postponed to another day.
If the initiator is local government, then information about the meeting is also communicated to residents. Wherein Representatives of the municipality are also present at the meeting. In the absence of a unanimous decision during the voting process, the local government representative independently selects the management company.
Acts regulating the procedure
If there are representatives of local government among those present at the meeting and competitive selection, then the entire operation is carried out based on local regulations. Each municipal entity has its own regulations, but all of them do not contradict the legislation of the Russian Federation.
Moreover, during the competition are guided by the following legislative documents:
- Housing complex of the Russian Federation;
- rules for conducting the competition in Government Decree No. 75.
The choice of method for managing MKD is clearly regulated by clause 4 of Article 161 of the RF Housing Code.
How to notify the owners?
Each owner must be notified of the upcoming event.
Residents of the apartment complex can be notified in the following ways:
About deadlines
It's important to remember that the selection of a management organization must be made no later than 30 calendar days from the moment the residential property is put into operation. If this does not happen, then local government joins the process, which within 30 calendar days can help owners with the choice. The process of appointing a company to manage an apartment building cannot exceed two months.
Application for participation
The application for participation must contain the following information:
- name of the management company;
- last name, first name and patronymic of the responsible person;
- Contact details;
- terms of cooperation;
- cooperation plan.
Reference! All applications are sent to the manager (the head of the apartment building).
However, the number of applications for participation in the competition is not limited. If the initiator is a district municipality, then applications for participation in the competitive selection are sent to this body. Local governments scrutinize candidates more carefully.
Procedure for consideration of applications
Each application received is considered very carefully. All information is analyzed. Then a list of the most suitable and worthy applicants is formed. The minutes of the meeting record the process of opening envelopes. Residents of the apartment complex have the right to ask any questions they may have.
Voting rules and protocol
After all candidate applications have been reviewed, a competition to select managers begins. At the end of the voting, one of the residents who was entrusted with this issue must sum up all the votes. After this, all data on the number of votes is recorded in the protocol.
Is it possible to appeal the results?
If any of the owners do not agree with the results of the competition, or competitors suspect something is wrong, then these participants have every right to appeal this point in court. To do this, you need to write a claim, provide a package of evidence and testimony of persons present (witnesses).
Important! If the circumstances are proven, the court may decide to cancel the Criminal Code and order a new vote in the presence of authorized persons.
If suspicions do not have evidence and grounds, then they will remain unattended.
The process of concluding an agreement with the management company
The completion of the process is the formation and signing of an agreement by both parties. Wherein all the nuances and details are additionally discussed, as well as the terms of cooperation and possible circumstances of the severance of business relations.
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If the owners of premises in an apartment building do not choose a method of managing the house or do not implement the chosen method, the local government body, in the manner established by Decree of the Government of the Russian Federation of February 6, 2006 No. 75 “On the procedure for the local government body to hold an open competition for the selection of a management organization for management apartment building" (hereinafter referred to as the Competition Rules), holds an open competition to select a management organization. After July 1, 2007, the general rule of paragraph 4 of Art. 161 of the Housing Code of the Russian Federation, according to which the local government body is also obliged, in the manner established by the Government, to hold an open competition for the selection of a management organization, if within a year before the date of the said competition, the owners of premises in an apartment building have not chosen a method of managing this building or if a decision has been made to choose a management method the house was not realized.
Let us note that the local government body, by virtue of Art. 447 of the Civil Code of the Russian Federation may not be the organizer of an open competition in all cases, but only on the condition that he is the owner of premises in the same apartment building. According to paragraph 2 of Art. 447 of the Civil Code of the Russian Federation, the owner of the thing or the holder of property rights or a specialized organization can act as the auction organizer.
Clause 3 of the Competition Rules provides an approximate list of circumstances indicating the need to hold a competition. The competition is held if:
1) the owners of premises in an apartment building have not chosen the method of managing this building, including in the following cases:
> a general meeting regarding the choice of a method of managing an apartment building was not held or a decision on choosing a method of managing an apartment building was not made;
> after two months after the court decision entered into legal force to invalidate the general meeting of owners of premises in an apartment building on the issue of choosing a method of managing an apartment building, a repeat general meeting was not held or a decision on choosing a method of managing an apartment building was not made;
2) the decision made by the owners of premises in an apartment building to choose a method of managing the house has not been implemented, including in the following cases:
> the majority of owners of premises in an apartment building have not entered into agreements provided for in Art. 164 of the Housing Code of the Russian Federation (I think that the majority in this case should be understood as owners who own more than 50% of the shares in the common ownership of the common property of an apartment building);
> the owners of premises in an apartment building did not send to the authorized federal executive body the documents required for state registration of a homeowners' association or a housing cooperative or other specialized consumer cooperative;
> management agreements for an apartment building, provided for in Art. 162 of the Housing Code of the Russian Federation.
By non-implementation of the chosen method of managing a house, it is proposed, for example, to understand situations where the owners “chose a method of managing a management organization, but did not choose such an organization or did not enter into a management agreement with the selected management organization.”
According to clause 4 of the Competition Rules, the competition is held on the basis of the following principles:
> creating equal conditions for participation in the competition for legal entities, regardless of their organizational and legal form, and individual entrepreneurs;
> fair competition;
> effective use of the funds of the owners of premises in an apartment building in order to ensure favorable and safe conditions for using the premises, proper maintenance of common property, as well as the provision of utilities to persons using the premises in the building;
> availability of information about the competition and ensuring openness of its conduct.
The competition is held for the right to conclude management contracts for either one apartment building or several apartment buildings. If a competition is held for the right to conclude management agreements for several apartment buildings, the total area of residential and non-residential premises (except for common areas) in such buildings should not exceed 100 thousand square meters. m and such houses should be located on adjacent land plots, between which there may be public lands. Establishing a limit on the size of serviced premises is controversial. The larger the area served by the management organization, the lower its costs, which makes it possible to reduce service tariffs for owners. It is more expedient to establish financial viability criteria for such organizations depending on the size of the premises served.
A local government body can hold a competition itself and involve a specialized organization in this under a contract. In this case, the local government body must independently create a competition commission, determine the object of the competition, establish the amount of payment for the maintenance and repair of residential premises, a list of mandatory and additional works and services for the maintenance and repair of residential premises in relation to the competition object, determine other essential terms of the apartment management agreement home, prepare a draft management agreement for an apartment building, approve competition documentation, establish competition conditions and, if necessary, independently change them.
The selection of a specialized organization is carried out by the organizer of the competition through bidding in accordance with the procedures established by Federal Law No. 94-FZ of July 21, 2005 “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.”
The competition is open in terms of participants and application form. An application for participation in the competition is provided with funds in the amount of 5% of the fee for the maintenance and repair of residential premises, multiplied by the total area of residential and non-residential premises (except for common areas) in apartment buildings, the competition objects of which are combined into one lot.
According to clause 15 of the Competition Rules, the following requirements are imposed on applicants:
> compliance of applicants with the requirements established by federal laws for persons carrying out work and provision of services provided for in the management agreement for an apartment building;
> a bankruptcy procedure is not carried out in relation to the applicant or a liquidation procedure is not carried out in relation to the applicant - a legal entity;
> the activity of the applicant has not been suspended in the manner prescribed by the Code of the Russian Federation on Administrative Offenses;
> the applicant has no debt on taxes, quarrels and other obligatory payments to budgets of any level or state extra-budgetary funds for the last completed reporting period in the amount of over 25% of the book value of the applicant’s assets according to the financial statements for the last completed reporting period. The applicant is considered to comply with the established requirement if he has appealed the existence of the specified debt in accordance with the legislation of the Russian Federation and the decision on such a complaint has not entered into force;
> the applicant does not have accounts payable for the last completed reporting period in the amount of over 70% of the book value of the applicant’s assets in the submitted financial statements for the last completed reporting period;
> deposit by the applicant to the account specified in the competition documentation of funds as security for the application for participation in the competition. In this case, the applicant is considered to comply with this requirement if, immediately before the start of the procedure for opening envelopes with applications for participation in the competition, funds were received to the account specified in the competition documentation.
These requirements are imposed on all applicants, and the verification of applicants’ compliance with these requirements is carried out by the competition commission.
State control of the method of providing a management organization can be carried out by imposing increased requirements for the financial stability and transparency of the business of insurance companies that provide liability insurance for the management organization, and banks that issue a guarantee or place a deposit for the management organization. The management organization must select an insurance company or bank from among those included in the specialized state register.
The management organization guarantees the fulfillment of obligations to pay the management organization for the resources of resource-supplying organizations. This requirement must be reflected in management contracts for an apartment building and in contracts for resource supply and wastewater reception (discharge) as an essential condition.
The organizer of the competition or, on his behalf, a specialized organization provides access to all interested parties to the competition documentation. Tender documentation may be posted on the official website simultaneously with the notice of the tender, and access to it in this case should be free.
According to clause 50 of the Competition Rules, the competition organizer, on his own initiative or in accordance with the request of an interested party, has the right to make changes to the competition documentation no later than 15 days before the deadline for filing applications for participation in the competition. Within two working days from the date of the decision to make changes to the competition documentation, such changes are posted by the competition organizer or on his behalf by a specialized organization on the official website and sent by registered mail with notification to all persons to whom the competition documentation was provided.
The organizer of the competition or, on his behalf, a specialized organization, in accordance with the date and time specified in the notice of the competition, organizes an inspection of the competition object for applicants and other interested parties.
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