The management company is an organization that is engaged in “doing business”. To be more precise, it produces: maintenance, repairs, organization of payment for heat and light, and also conducts inspections. May be engaged in one or more residential buildings, it all depends on the level of prestige of the company. Moreover, since recently, housing and communal services enterprises must be officially licensed, without fail. The MC contains a structure that depends on how large the enterprise is. According to the law, they must comply with the list of duties, as well as comply with certain requirements.
Obligations of the Criminal Code under the law
The housing and communal services management company has certain rights and obligations that must be observed without fail. Those duties in the house that this or that managing organization will take upon itself at the conclusion of the contract will be spelled out in it. In such a case, the contract may contain the following types responsibilities:
- Conducting preparations at home for the new season, whether winter or summer.
- Utilities, their billing, repair or replacement of water supply systems: pipes, meters, as well as electrical systems.
- Both capital and cosmetic seasonal repairs.
- Cleaning of courtyards, entrances, elevators, maintenance of cleanliness.
- Organization of other repair work related to the equipment installed in the house, for example, an elevator (if it is installed and repaired at the expense of the owners, the previous management company or the construction company)
- Registration of certificates for homeowners, provision of full reporting, as well as billing according to tariffing for utilities.
In addition, the cost of providing services by the company is also established. All this is discussed at the general house meeting of owners and tenants.
Types of management companies
Housing companies can be engaged in some of the services that were described above, it all depends on the requirements of the residents and the capabilities of the organization, so these management companies in the housing and communal services sector can be divided into types:
- Provider of all services and intermediary with resource-providing organizations.
- Being an intermediary who finds performers for all necessary services.
- Organizations for the management of courtyards, garages and premises not intended for habitation.
Responsibilities of the management company
About the responsibilities of management companies in the housing and communal services sector was described above. But what does such an organization have the right to do besides its main duties?
All services that the company is ready to provide and their prices are usually announced at general house meetings, and residents, in turn, decide whether they need it. When the owners of apartments are determined with a choice, an agreement is drawn up with the owners, on the basis of which the provision of services is carried out. In addition, managing organizations can be engaged, for example, in the removal of bulky waste several times a month.
Drawing up an agreement with the owners
When drawing up an agreement, the management company in the housing and communal services sector must indicate for its part:
- A list of all the services that she will provide to a particular home.
- Information about the obligations of the parties, rights and relations.
- Information about the house (or other object), and should be specified in detail.
In addition, the contract contains information about:
- Reports.
- Rules for the use of premises such as: attics, basements and other non-residential premises.
The contract can be changed, provided that a request is received from the owners. Changes can be associated with any clauses of the contracts.
Responsibility of the Criminal Code under the law
There are several levels of government bodies, the totality of which is in the housing and communal services sector. To do this, checks are arranged to identify the quality of work, both from the management of the house and from the local (municipal) level. This is done in order to identify shortcomings in the work and eliminate them. When there is an inspection by state bodies, they check everything from the cost of utilities to their quality and so on.
In the case when the organization does not fulfill its obligations, refuses to do so, then the conflict is resolved by imposing an administrative fine on it, as this is considered a violation according to the Code of Administrative Offenses of the Russian Federation, article 7.22 it should be 40 - 50 thousand rubles. In addition, in addition to the fine, the article provides for the suspension of the company's activities for up to 90 days.
If there are violations of the sanitary requirements of residential premises and the organization does not react to this in any way, then you can immediately go to court. In this case, a fine of 10-20 thousand rubles is also imposed on the organization. This is beneficial for the tenants in that next time the managers will take the requests of the owners more seriously.
UK license
Housing for Federal Law No. 255 are required to obtain a license to operate. Otherwise, the organization will not be able to register. On these grounds, it can be argued that each managing organization has a license that can be obtained from:
- Housing Authority.
- Commission for licensing housing and communal services.
And for its registration, you need a whole list of papers:
- Certificate of opening a sole proprietorship or LLC.
- Tax accounting documents.
- Help from the Unified State Register of Legal Entities.
- Appointment of a director and certificates of the ability to work in this position.
And it's far from complete list other documents are required. Information about the license can be obtained by the name of the management company or the address of the house to which it is attached. You can do this on the public services website.
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Today, residents are often faced with the fact that management company violates their rights.
However, even more deplorable is the fact that the tenants themselves usually do not even suspect that they are being violated.
Therefore, it is worth understanding what are the direct responsibilities of the management company in the housing and communal services sector for maintenance and repair houses.
Dear readers! Our articles talk about typical ways to solve legal issues. If you want to know how to solve exactly your problem - call by phone free consultation:
Obligations of the management company of housing and communal services under the law
The activities of management companies are regulated legislation. The legislative framework, establishing the rights and obligations of the Criminal Code, is contained in Housing Code of the Russian Federation. In particular, this is stipulated in 161-162 articles.
housing code
The management company must provide residents with suitable and safe living conditions, as well as decent maintenance of common property, solve problems of its use and provide residents with utilities.
That's what the first paragraph says. 161 articles LCD.
His first subparagraph adds more specifics to the question maintenance of common property and gives a clearer definition.
According to him, the Criminal Code is obliged:
- Observe sanitary and epidemiological requirements and regulations fire safety , in order to preserve the reliability of the house and the well-being of residents;
- keep level security suitable for maintaining the life and health of people, keeping their possessions, as well as property state and municipality;
- Give tenants access to the use of premises and common property of homeowners;
- Observe rights and interests of homeowners in a multi-storey building, if this does not contradict the law;
- Support communication system in good condition, as well as follow serviceability of metering devices and other types of general equipment;
- Realize supply of resources necessary to provide residents with public services.
The management company assumes responsibility for the common property in a particular apartment building and for the supply of utilities, regardless of the degree of improvement of this property.
Service quality anyway must comply with government requirements and regulations, which are indicated in Housing Code.
Wherein CC is responsible not only before the state or municipality, but also directly in front of the tenants.
Also, the management company is obliged to provide tenants with access to information about its financial and economic activities, about services which it renders, and the order in which they are rendered.
She must inform tenants about costs and tariffs for all the services it provides.
AT 162 articles negotiated management agreement rules apartment building , which is between the Criminal Code and all owners of its premises. This document should be considered separately, since it has a fairly voluminous legislative base.
Management contract
This document can be concluded only with the Criminal Code, which has permission for such activities.
Otherwise, the organization will not meet the requirements, which are established by law, and therefore has no right to enter into such agreements.
At its conclusion, it is necessary to collect all owners housing in this building.
According to the second paragraph, the home management agreement means that the management company undertakes:
- Do your job on time, for the established fee;
- Conduct repair and provide maintenance of common property owners of premises;
- Provide them utilities;
- spend another managerial activity.
At the same time, the list of works and services that are included in the obligations of the management company must be indicated in the relevant agreement.
Sample standard contract management of an apartment building with a management company you can download.
The company must start fulfilling the terms of the agreement not later than within one month after its signing. However, if a different period is specified in the agreement, then the Criminal Code is obliged to start work within the specified date.
One month before the end of the contract, MC must submit all documentation to this house of the managing organization that was selected. And also the management company is obliged to give apartment owners regular reports on their activities.
Other regulations
According to other documents, the management company must keep in good condition adjoining territory the apartment building assigned to it.
Control the fact and quality of work on the maintenance of this territory should be tenants.
And you need to follow the following:
- To ensure that the UK regularly performs house area cleaning;
- saw her off landscaping;
- In time removed all household waste;
- Installed on site playgrounds, benches And so on.
Rights
In addition to duties, legislation and regulations establish the rights of the Criminal Code.
Residents also need to study them so as not to get into an unpleasant situation, violating one of the rights of the organization.
So, the CC has the right to:
- Receipt income;
- Debt collection from residents;
- Deprive tenant a specific resource for debts;
- accrue penalties.
In fact, income management company depends on tariff to pay for her services.
The organization has every right to increase it, but only when meetings of the owners and the provision of estimates.
Of course, at the meeting the tariff increase may not be approved, in which case MC is obliged to continue to work in the previous mode. The Criminal Code has the right to collect debts, but only through the court.
However, you can do without a trial, simply turning off the supply public service for which the debtor does not pay.
For the last CC also has every right. It gives 354 Decree. But this is only possible if the resource is delivered to the tenant through this organization, and not from the resource supplying organization directly.
Another way to deal with debtors is the right to charge them penalties. It allows 14 paragraph 155 of the article of the LCD. Penalty is accrued from 91 days of delay.
Functions
Having dealt with all the laws and regulations that establish rights and obligations, it is worthwhile to clearly understand that all the same included in the obligations of the organization, and what is not:
If the management company does not fulfill its obligations?
Most often, the management company ignores its responsibilities for the repair and maintenance of common property.
The brightest and most frequent example – refusal to replace certain items, which are the property of all residents of the house.
Here the law is on the side of the tenants, and so you can easily change the position, holding the UK accountable.
Subsequently, she either will start working properly, or have to break the deal with her and hire other governing body.
To do this, you must perform the following steps:
- Write appeal to the CC, state your claims and ask to fulfill your obligations, according to the agreement;
- If it has not been accepted, come to the reception to the head of the Criminal Code;
- Introduce proof of non-performance of duties;
- If there is no proper response, contact housing inspection by writing the corresponding statement indicating in it their claims and links to regulations and articles. To statement worth making proof of.
Sample application to the housing inspection: download form.
After that, ZhI will hold verification in order to identify violations. If they really exist, then The Criminal Code will oblige them to eliminate them under the threat of going to court.
The court can either force the organization fulfill your requirements mandatory, or impose fine.
Also he can put the company out of business.
What is not included?
In order not to get into an awkward situation, forcing the Criminal Code to do something that is not part of its duties, you need to know what actions it may not perform:
- Garbage removal;
- Carrying out emergency repairs, if this is not necessary;
- Purchase of a new coolant;
- felling of trees in the local area;
- Intercom repair;
- Lighting of the adjoining area;
- Installation of a video surveillance system;
- Home territory decoration.
Management companies have their own set rights and obligations, according to the law and documents.
If these rules are violated, the organization may either lose a license or pay fine. However, this requires that the tenant notice the violation in time and contacted the appropriate authority.
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