Collective complaint to the management company: sample application

A collective complaint to a management company has a different template compared to a single one. It is intended to stop violations by housing departments and restore the legitimate interests of individuals. With the help of a collective letter, residents can solve problems: pollution of the area adjacent to the house, housing in disrepair, roof leaks, sewer blockage, lack of major repairs, hot water supply, electricity. To do this, it is important for interested parties to know how they are legally drafted. A sample collective application from residents to the management company will help you understand the intricacies and rules.

Differences between collective and simple complaints

Each of the residents, if the management company works in bad faith, has the right to file a claim in court, but it is still better to start by writing a statement of claim addressed to the head of the organization responsible for the maintenance of apartment buildings.

The application indicates all existing claims and lists the requirements. There is no clear template for a complaint statement; the situation is described in free form. The complaint is submitted to the Criminal Code in person or sent by mail.

After the management company receives a statement of claims, events may develop as follows:

The resident's appeal is ignored, and the specified requirements are not met. There is only one way out of this situation - to complain about the inaction of the management company to higher authorities.
Representatives of the management company, having reviewed the requirements, begin to fulfill them or notify the tenant about the date on which work is planned to bring the housing to the appropriate condition.

The complaint consists of three parts: introductory, main and conclusion. The first part contains information about the company to which the claim is addressed and information about the applicant.

All claims and demands are described in detail in the main part of the document.
If the applicant has evidence that can confirm the fact of the complaint, it must be attached to the application. For example, photographs of a leaking roof, garbage that has not been removed, or a fallen tree that is blocking the driveway would be suitable. If residents file a complaint about poor heating, you can attach photographs of the temperature in the apartment. The final part of the application consists of the date of writing and the signature of the applicant.

When submitting an application, it is important to observe some subtleties:

the complaint is drawn up in several copies. If one or more of the requirements listed in the letter are not met, the applicant will be able to prove that the company has partially solved the problem;
Both copies of the appeal must be registered. If the secretariat refuses to accept the application, it can be sent by registered mail, which is delivered against signature. If you wish, you can order a notification that the letter has reached the addressee;
The use of obscene language in the application is unacceptable.

Along with other types of complaints, the collective appeal to the management company is somewhat different and differs for a number of reasons:

The complaint indicates not only the complaints, but also possible ways to resolve them.
The main differences between a collective letter are the special order of writing, content and measures of influence.

The main part of the collective complaint describes the grievances of not just one tenant, but of all interested parties. At the end of the document, everyone who took part in drawing up the application leaves their signature.

How to submit an application?

How to write such a document? There is no approved form of the form . Each company can independently produce its own company form and submit it to every citizen who wishes to fill it out.

Most often, the claim statement is drawn up in free form and written by hand. Printing of the document using a computer is allowed.

Despite the fact that the form of the form is not established at the legislative level, there are some rules for drawing up the document :

The claim is always filled out in the name of the general director of the management company.
Errors and incorrect data are not allowed in the document.
A clear statement of the problem at hand.

The application to the management company includes the following information:

name of the company and full name of the authorized employee;
applicant details (full name, address, contact information for feedback);
Title of the document;
the essence of the problem, stated briefly and clearly, without unnecessary water;
well-formulated requirements for solving the problem;
initiator's signature, current date and transcript.

The finished form of the document can be viewed on the Internet by typing the appropriate phrase in the search bar.

Pros and cons of a collective complaint

The main advantage of the document is its direct impact on the work of the management organization:

a collective complaint frees residents from unnecessary red tape, which is essential for solving problems in court;
A collective appeal for a management company is a chance to correct mistakes and shortcomings in its work, without the participation of higher authorities.

A collective letter to the management company allows for a comprehensive assessment of all existing problems, because the statement sets out the claims of all interested parties. One person cannot objectively assess the situation. For example, residents of the upper floors will suffer from roof leaks, while owners of apartments on the first floors may face the problem of a sewer blockage or the penetration of an unpleasant odor when pipes break in a non-residential basement.

Speaking about the disadvantages of a collective complaint, it is certainly worth noting that writing it will require the consent of at least half of the residents. Despite the massive dissatisfaction of residents, not many owners are ready to deal with paperwork.

If the application is written incorrectly, the management company has the right to refuse to fulfill the requirements. Since the correct form was not used when drawing up a collective claim to the management company, it may be cancelled.

Algorithm of actions

Take a blank sheet of A4 paper. Let's start filling out the header.
In the upper right corner we write down the position of the authorized person (general director of the management company), as well as his full name.
Next, we write the name of the management company along with the legal form (LLC, individual entrepreneur, etc.).
Information about the applicant (full name, address, contact details for feedback).
In the middle of a blank line we write the name of the document (claim or statement).
Next, it is very important to state the whole essence of the problem without unnecessary words. Brief, concise and without water. Describe the situation that has developed.
Then the requirements that the initiator makes to solve the problem are outlined.
At the end, applications (if any) are written down, as well as the current date, personal signature of the initiator and decryption.

Applications are made in two copies . One remains in the office of the management company, and the second with a visa confirming the registration of an authorized employee of the management company is given to the applicant.

Legal grounds for filing a complaint

Failure to comply with at least one of the clauses of the agreement concluded between the apartment owners and the organization that is responsible for the maintenance of the apartment building is considered a justified reason for filing a complaint.

As a rule, management companies receive letters of complaint about:

Poor provision of services (garbage removal not in accordance with the approved schedule, poorly cleaned entrances, untimely replacement of pumps or installation of metering devices, lack of hot water supply, untimely cutting of trees).
Inflated tariffs. Residents have the right to demand from the management company the calculation procedure and write an application for recalculation of the cost of services if there are reasonable grounds for this.
Causing material damage due to the inaction of the management company.
Repayment of existing debts for utility bills at the expense of other residents. Some management companies resort to dividing the debts of defaulters among the remaining apartment owners. Such actions of the Criminal Code are illegal.
Violation of the rules for holding a meeting of residents.
Illegal placement of advertising in entrances.

Before writing a complaint, residents should carefully review all clauses of the contract and only then write a letter of complaint.

What issues are addressed?

The grounds for filing an application for poor quality services may be:

Any violation of the clauses of the agreement between residents and the Criminal Code (Article 162 of the Housing Code of the Russian Federation).
When managers illegally inflate tariffs (Article 156 of the RF Housing Code).
During the general meeting, violations were identified or such a meeting was not held at all (Part 2, Article 161 of the Housing Code of the Russian Federation).
Poor quality of service. For example, the heating supply is interrupted, no one cleans the entrances, etc. (Law on the Protection of Consumer Rights No. 2300-1 as amended on May 1, 2021).
When service delivery deadlines are systematically violated (for example, garbage is not collected on time, etc.). This is clearly regulated by Article 162 of the RF Housing Code.
In case of illegal actions of the management company (for example, dividing the debt of defaulters among all residents of an apartment building). According to government decree No. 307.
As a result of the negligence of the management company (actions or untimely response), serious damage was caused to residents (for example, pipes burst, and company employees were inactive). This fact is clearly regulated by Article 161 of the RF Housing Code.

We talked about what services the housing and communal services provide and what is included in them, in this article, and in what cases and how to file a complaint under the Consumer Rights Protection Law, you can find out more here.

How to write an application correctly?

Statements of claims must be made in writing.
The text can be written on a sheet of A4 paper either by hand or typed on a computer. Since the law does not impose mandatory requirements for writing such documents, the application is drawn up in any form.

The main thing is to adhere to the principles:

the name of the company, legal address and details of the official to whom the application is sent are indicated in the upper right corner. Below is information about the applicants. In accordance with the rules for writing an application, there is no dot at the end of the header;
The name of the document is written in the center of the sheet, below the situation and clauses of the contract that the organization violated are described in detail;
At the end of the complaint, it is recommended to briefly formulate your requirements to eliminate the problem. It is advisable to use the word “ASK”, note that it must be written in capital letters;
under the main text the date of compilation and signatures of residents with a transcript must be indicated;
If there are doubts about how a collective letter is drawn up to the management company, a sample of a correctly completed form will help in resolving this issue. A complaint is considered to be competently drawn up if it contains references to the points specified in the contract and Article 162 of the Housing Code of the Russian Federation.

An example of the main part of a complaint related to poor-quality heating is as follows:

“We, the owners of housing in an apartment building located at the address (city, street, house number) kindly ask you to consider our complaint. Due to the sharp drop in temperature, the heating season in 2021 was supposed to begin earlier, namely on October 5. We would like to inform you that from that moment until now, heating has not been supplied to our house, and the apartments are incredibly cold.

We ask you to respond to our appeal and take appropriate measures.”

From a legal point of view, collective appeal is much more effective than individual appeal. Organizations react to them faster, fearing legal proceedings. When filing a class complaint, it is important to involve as many people as possible.

New in blogs

Appeal to the residents of Krasnoarmeysky 103

From Aleshkov I.N. sq. 94

He began working as a janitor in July 2013 in the HOA "Krasnoarmeisky 103", where, in addition to the duties of a janitor-garbage collector, he solved electrical and plumbing problems for free, made sidewalks, removed and moved fences that had interfered with the convenience and safety of pedestrians for 25 years, and made rationalization proposals to improve comfort , safety, sanitation, cost savings... However, I was constantly faced with the collective opposition of the HOA board. My proposals were rejected, I was oppressed, my innovation was prevented, my tools were stolen, my workshop was destroyed. And a year later they kicked us out due to the board’s disinterest in our comfortable and safe living.

After my dismissal, in a year and a half, there have already been seven janitors who drink and smoke...

Since February 2015, he worked as a janitor in the neighboring house Krasnoarmeisky 111. In addition to maintaining cleanliness and order in the yard, he improved garbage disposal, laid out the sidewalks at the first entrance (for many years people walked in a zigzag along the blind area), removed completely unnecessary railings from the sidewalk, which for many years forced passers-by , go out onto the roadway of the yard,

I planted lawns, hedge bushes and a live 12-year-old Christmas tree for the New Year holidays in the courtyard of the house, unique ice slides... And in general, I made the yard and the surrounding area more interesting (after all, the city center!). I landscaped and decorated the playground so that children would play and move more in the fresh air, rather than lose their health sitting in their apartments watching TV or a computer.

But, unfortunately, even in the 111th building, the board of the Uyut HOA is not interested in the comfort and order in the yard, the comfort and safety of our children’s leisure time, and in early April I was kicked out of the janitor job for the third time for doing a good job in the interests of the residents of the building (not the bosses).

It turns out that a non-drinking, non-smoking janitor, with his conscientious work in improving the house, landscaping the territory, decorating children's playgrounds, creating unique winter slides, promoting a healthy lifestyle..., compromises the members of the HOA board, who are busy creating the appearance of vigorous activity to save money on innovations that are useful for the residents of the house.

It follows that:

For the normal maintenance of housing and communal services in apartment buildings, in any city, we need not boards of highly educated women and men who realize the power ambitions of collective irresponsibility, but responsible professionals:

manager, janitor, electrician, plumber, accountant.

Rescue of housing and communal services from HOA boards

I suggest that residents of the house who are interested in the normal maintenance of housing and communal services and saving money for the HOA , add the 14th question to the absentee voting ballot:

All members of the board of the HOA "Krasnoarmeysky 103" resign, transferring all powers to the manager Dmitry Nikolaevich Andreev.

04/29/2016 Aleshkov Ivan, inventor and promoter of healthy lifestyle, cell number: 89029980842, house: 24 27 21. For example, one of my many inventions: A device for creating a hole

( RF patent 2005 No. 2295001) saves children and youth from becoming addicted to smoking, alcohol, and drugs; residents of the northern regions of the planet - from colds and flu epidemics.

My NON-FREEZING ICE PILE has been working successfully on the lake for 10 winters. Pionersky (Kirova village). In winter, hundreds of healthy lifestyle enthusiasts go there every day to improve their health, and at Epiphany - thousands of citizens!

My second “device” works in Novosibirsk in the walrus society “Sparta”, where the townspeople also get healthy, children and youth join a healthy lifestyle, escaping from smoking and alcohol... which fill all grocery stores in drunken Russia.

Back in the 18th century, Alexander Vasilyevich Suvorov remarked:

Ice water is good for the body and mind!

and the production of “devices for the formation of wormwood” will allow the import substitution of hundreds of types of medicines, alcohol, cigarettes, drugs, and by joining a healthy lifestyle, children will become smarter, grow up to be responsible professionals and save the housing and communal services from the boards of HOAs, all over the Earth!

More details on the Internet: A reliable path to health and sanity
For the normal maintenance of housing and communal services in apartment buildings , in any city, intermediaries such as management companies of corrupt officials (Officials are not bad, but sick people) and
HOA boards of highly educated women and men are unnecessary, realizing, selfish, power ambitions of collective irresponsibility (Saving housing and communal services from the boards of HOAs

but we need responsible PROFESSIONAL MEN - operators of boiler houses, pumping stations, power stations, truck and train drivers, repairmen, electricians, electronics engineers, programmers, plumbers, janitors...

And all management and accounting functions, housing and communal services, have long been able to be performed qualitatively and disinterestedly by the computer network INTERNET!!!

And any problems that arise for residents will be quickly resolved thanks to cellular communications with an electrician and plumber.

Saving simplicity of the REAL world

How to apply?

The complaint drawn up by the residents must be sent to the Criminal Code.

You can do this in one of the following ways:

Send by mail.
At a personal reception in the organization.
Leave a request by phone or call a specialist to assess the situation.

Telephone application submission is not always effective. Very often, residents’ requests simply do not reach management.

To ensure that the residents’ appeal is not ignored, it is recommended that the person in charge personally contact the management company and be sure to register the application with the secretary.

Before filing an application with claims that the organization refuses to work in good faith, you need to prepare additional documents or materials confirming the residents’ demands.
In case of inaction of the Criminal Code, they will be useful for appealing to higher authorities. Such documents may be:

photo and video materials of common premises and individual elements of the building’s structure;
conclusion of an outside expert contacted by the residents;
receipts confirming timely payment of utility bills;
audio recordings of conversations with representatives of the management company.

To achieve results, any documents confirming the requirements of residents can be used.

By whom and where is a collective complaint filed?

When writing a complaint regarding the activities of the management company, residents want to reach the management of the organization. Therefore, you need to start by submitting an application to the above-mentioned authority.

If for some reason it is not possible to contact the management company’s employees, you can submit an application and additional materials to the organization:

Court.
Housing inspection.
Rospotrebnadzor.
The prosecutor's office.

As a rule, the paperwork is handled by one person who independently expressed such a desire or who was chosen by the residents.

Waiting for a response and further actions

The law establishes certain time limits for consideration of the application.
These deadlines depend on the authority to which the residents applied:

10 days are given for consideration of a written complaint sent to the management company;
the housing inspectorate reviews applications within one month;
Rospotrebnadzor has up to 30 days to consider the application;
the prosecutor's office provides answers within 15-30 days;
lawsuits are considered within 5 days.

In some situations, it is possible to increase or decrease these periods.

Complaints are drawn up in several copies, regardless of the authority to which they will be sent. If higher authorities violate the deadlines for considering applications from citizens, thanks to the second copy, the applicant will be able to easily prove that the authority accepted the application.

Appeals to the Criminal Code do not always produce the desired results. Inaction of employees and failure to provide a response within the time limits established by law is a reason for filing complaints to higher authorities.

If the application is denied, residents have the right to demand a written response from the management company employees, which will list all the reasons for the refusal. The reasons for refusal must be supported by references to legislative acts. Residents, having the decision of the Criminal Code in their hands, can appeal it to higher authorities.

Salary questions

How is the senior housekeeper paid, since housing legislation does not provide for such a position? The position of house manager has existed for many years, but the issue of payment for his work has not been resolved .

IMPORTANT! When paying remuneration to the house elder and members of the house council, the law must not be violated, otherwise even legal proceedings are possible.

At the general meeting, a decision may be made to pay wages through the management company by including an additional line in the payment slip. But this violates the law, because the management company cannot receive funds that will not become its income. And VAT is required to be paid on income. The tax percentage is also calculated when calculating wages if you include a senior housekeeper on the company’s staff.

To comply with the law, you can choose one of two ways to resolve the issue of remuneration for house and elder council members.

According to the first method, work is paid for when residents of apartment buildings independently collect money. Then the chairman of the council, the person in charge of the entrance or house receive their reward. Funds will also be collected to compensate the manager’s expenses from personal funds for resolving issues around the house.
It is also possible to provide a discount on utility bills, which is certainly a good help financially.

At the general meeting, when the re-election of a representative of the residents takes place, you can make an appeal to the residents of the house and resolve the issue of wages - how it will be paid and in what volume. And it should be remembered that the OS has the right to change its representative ahead of schedule.

In Moscow, there are benefits for building managers to pay for some utilities. Their bills do not include fees for garbage collection, for the intercom system, or for concierge services.

Where can I complain about the management company?

It is recommended to send completed complaints and claims to organizations in the following order:

First, write a letter addressed to the head of the management company. If the official’s details are unknown, the law allows the full name of the organization and legal address to be indicated.
If a complaint sent to the Criminal Code is ignored, the application should be sent to the district or city administration. In fact, contacting these self-government bodies does not bring any benefit, but for the completeness and objectivity of the coverage of existing problems, it is not worth refusing to file a complaint with this authority.
Submitting an application to the Housing Inspectorate. The sample of a collective complaint from residents against the management company differs from the template of a complaint to the housing inspection in that the main part describes in detail the dishonest performance of official duties by the employees of the management company. You should not contact employees of the executive body of housing supervision with financial claims against the management company.
After submitting an application to the city administration and housing inspection, residents can contact the prosecutor's office. The employees of this authority will help in resolving financial issues. It is advisable to contact the prosecutor's office in case of a gross violation of the current law. For example, this may be an unjustified refusal to issue documentation and failure to provide information regarding the procedure for calculating payments.
If the problem cannot be resolved pre-trial, residents have no choice but to go to court. To do this, you need to submit a statement of claim and attach to it all available photos and videos, receipts for payment of utilities and checks for payment of contractors’ work. In 85% of cases, the court decision is made in favor of the residents.

If none of the listed authorities helped in solving the problem, the residents have only one choice - to hold a meeting of the owners of the apartment building and choose another management company.

Unfortunately, many management companies do their work in bad faith, so residents are interested in the question of how to correctly file a collective claim. There are many examples of the main part of the document on the Internet; after viewing several options, you will be able to correctly formulate and write down your requirements. To solve the problem, apartment owners must be aware of the grounds for filing a complaint and the basic rules for filing it. Maybe among the residents of the house there is a lawyer who will provide free advice on all the nuances of writing and filing collective complaints.

Basic Concepts and Functions

To resolve the issue of responsibilities, you must first determine who the house manager, the senior house manager, is. A building manager is a person whom the residents of an apartment building have entrusted to represent their interests before the Management Company, the HOA. The rights and responsibilities of a house elder are varied, but first of all, the activities of such a representative of the house must be based on the letter of the law.

According to the Housing Code, the law does not provide for the mandatory presence of such a responsible person in the house, and therefore no clear job description for his work has been developed. But often the phrase “house manager” can be seen in various legal acts from local governments, as a result of which the functions and rights of the house manager may vary in different regions.

The most important thing is to resolve the issue at the regional level about the election of a senior person in the house, about who he will report to in his activities. What are the responsibilities of this representative of the residents of an apartment building?

In many regions, the functions of such a person are identical.

He supervises the cleaning of entrances, stairs, elevators or other common areas. If such work is carried out poorly, the house manager must resolve the issue with the management company.
The building manager also monitors how the housing office fulfills its contractual obligations. Such obligations may include cleaning, equipment of the local area, its arrangement and maintenance.
Among the responsibilities of the representative is careful monitoring of compliance with fire, environmental, and sanitary standards in the house. It is necessary to work closely with fire control authorities and take measures aimed at protecting the house from fire.
The senior person in charge of the house controls the cleaning of the local area and snow removal in the winter. Such a person is obliged to take measures in cases where there are violations in the maintenance of common property.
Of great importance in the work of a house elder is his initiative and rationalization ideas regarding the maintenance and storage of common household property.
The house manager is a person from whom residents can obtain the necessary contact information for those operational authorities that maintain the house and resolve emergency situations. This is a competent head of the house, from whom you can find solutions to many issues.
If the house is undergoing repairs, current or major, the senior must control the quality of all work. He will be an observer at a management company providing public services to the population.
The representative elected by the general meeting must do everything necessary to help low-income citizens living in apartment buildings, explain to them their benefits for paying for utilities and other issues, and assist social security authorities in this direction. His responsibilities also include cooperation with law enforcement agencies, helping them ensure order in the house.
Another object of attention is the storage of all minutes of general meetings, technical inspections of common property, passports for meters. Each inspection report is an important document.