Article 162 of the RF Housing Code. Apartment building management agreement (current version)

Formation of a list of works and services

First, it is necessary to draw up a draft of such a list and submit it to the owners of the premises for approval. Such a project is drawn up by a management organization, HOA, housing cooperative or residential complex. If the house is under direct management, then one of the owners (clause 5 of the Russian Federation Regulations dated May 15, 2013 No. 416). You can include works and services that are not included in the minimum list (clause 7 of the Russian Federation Regulations dated May 15, 2013 No. 416). It is imperative to indicate the volume, cost, frequency and schedule for the provision of services and performance of work (clause 8 of the Russian Federation Regulations dated May 15, 2013 No. 416). To confirm that work or services are really necessary, you need to provide an inspection report of the technical condition of the house or the conclusions of expert organizations, which will contain information about malfunctions, damages or defects (clause 6 of the Russian Federation Regulations dated May 15, 2013 No. 416).

What to do if the housing office does not fulfill its duties

Currently, there is an acute issue with the quality of provision of public services. Under current legislation, residential property owners may reserve the right to maintain their property. An alternative solution to the issue is to transfer property management to a specialized company. In most cases, it is almost impossible to “get rid” of imposed services. In addition, management companies do not actually properly fulfill their responsibilities for apartment buildings. The situation looks as if organizations are only engaged in accrual and collection of mandatory payments.

Issues regarding a residential building should be resolved at a general meeting.

The primary management body has the authority to refuse to pay the management company for services of inadequate quality or not provided at all.

In this case, any of the owners has the right to contact the head of the relevant company in writing, indicating a problematic issue.

Important: it is best to serve such requests by making sure that the receiving party’s mark is affixed to the second copy. this will indicate that the housing maintenance office has been notified of the initial claim.

This is how the process of pre-trial settlement of controversial issues begins. According to the norm of the Law, a response must be received from the Housing Office within 10 days.

If the management company decides to put the matter on hold and simply ignore the appeal, this may be followed by a complaint against the housing office to the housing inspectorate. This is a special body whose responsibilities include oversight of the work of management companies.

The complaint indicates how the Housing Office fails to fulfill its duties, as well as a request to bring the responsible persons of the organization to administrative responsibility. The supervisory authority has 30 days to consider such a complaint. After this period, the grounds for filing a complaint are verified and an order is issued from the management company.

If external repairs or other mandatory types of services are not carried out, the house management receives an administrative penalty. The presence of two such penalties deprives the right to service a particular house. If the share of the serviced fund for which there are serious claims reaches 15% or more, the company may be deprived of its license altogether.

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Methods of influence of the housing maintenance office

In order to part with a careless manager, there is a collective method of solving the problem. You can refuse to provide services to a management company if this opinion is supported by more than 50% of the residents of an apartment building. The reasons can be absolutely any, for example, poor quality plumbing repairs or a broken electrical panel. This right of residents is enshrined in Article 198 of the Housing Code.

The final authority that deals with issues in the field of housing legislation is the court. This authority deals with issues of a general nature, improper repairs or the quality of services provided. Owners of residential premises often file claims to carry out repairs in their home if the loss of the appearance of the apartment was a consequence of the emergency condition of the building (for example, a leaking roof or between wall seams). To restore your rights, you will have to incur certain expenses, in particular, for conducting an examination.

The inaction that has been observed for years on the part of those living in apartment buildings only increases the state of corruption in the housing and communal services sector. “Savings” due to services not provided methodically flow into the pockets of officials. At the same time, during inspections it often turns out that on paper the services are provided in a timely manner and in full.

Implementation of the list of works and services

The management authority is obliged to organize the provision of services and performance of work provided for in the list, which was approved by the decision of the meeting of premises owners (clause “d”, clause 4 of the “Rules for the implementation of activities for the management of apartment buildings”, approved by the RF Government of May 15, 2013 No. 416) . The MA can choose whether to provide services independently or to involve third-party organizations with which contracts for the provision of services and performance of work will be concluded. For third-party contractors, it is necessary to prepare assignments for the repair and maintenance of common property (clause “e”, clause 4 of the RF Government Regulations dated May 15, 2013 No. 416). It is mandatory to conclude agreements with organizations that perform work with proper content:

• indoor gas equipment systems
• elevator facilities
• fire protection systems

The selection of performers can be organized on a competitive basis, in which case it is necessary to prepare competition documentation.

The management entity enters into agreements with the owners and users of premises in apartment buildings, which contain the conditions for the provision of utility services. Also, in order to provide utility services to owners, the MA enters into agreements with resource supply organizations:

• energy supply
• heat supply
• hot water supply
• cold water supply
• drainage
• gas supplies

In addition, it is necessary to conclude agreements for the maintenance and repair of in-house engineering systems. The management may enter into other agreements that will help achieve the goals of managing the apartment building and ensuring the safety and comfort of living in this house.

The MA exercises control over the provision of services and the performance of work on the maintenance and repair of the UI in the MKD by the executors of these clause 4 of the RF PP dated May 15, 2013 No. 416):

• documents the acceptance of services and work on the maintenance and repair of common property in the relevant acts;
• documents the facts of performance of services and works of inadequate quality in acts of establishing such facts;
• conducts claims and lawsuits when identifying violations by service and work performers of obligations arising from contracts for the provision of services and performance of work on the maintenance and repair of industrial buildings in the apartment building.

How is the responsibility of housing and communal services regulated?

When considering the paid services of the housing office, their necessity or expediency, it is necessary to refer to the letter of the Law.

The main documents regulating the activities of management companies today are:

• Housing Code (LC) of the Russian Federation. Main title document;
• Code of Federal Laws regulating the procedure for establishing (amending, increasing);
• A series of Decrees of the Government of the Russian Federation regarding the procedure for providing utility resources (heating turn-on times, installation of collective metering devices and other issues).

The responsibility of housing offices is regulated for the most part by the Housing Code, according to which the activities of specialized companies are controlled on a contractual basis. During the term of the contract for the provision of utility services, the responsibilities of the housing and communal services to residents must be fulfilled properly.

Owner control

The management authority must provide the owners of premises in an apartment building with control over the implementation of the decisions of the meeting, the implementation of lists of services and works, as well as the achievement of the goals of the activities for the management of apartment buildings (clause “h”, clause 4 of the “Rules for the implementation of activities for the management of apartment buildings”, approved RF PP dated May 15, 2013 No. 416).
Owners have the right to receive reports on the fulfillment of obligations to manage apartment buildings with the frequency established by the decision of the meeting and the apartment management agreement. In addition, it is necessary to ensure the participation of representatives of premises owners in apartment buildings in monitoring the quality of services and work, including during their acceptance. In this case, such representatives sign certificates of services rendered and work performed. Source: RosKvartal® - Internet service No. 1 for management organizations

Responsibilities of the housing department to residents: maintenance, procedure for providing services

Residents of an apartment building, paying for housing and communal services, often do not quite understand, if not at all, what exactly they can demand from this management office.

Free housing office services

According to the law, the list of mandatory services provided by the housing office includes the maintenance of the common property of the house, its timely repairs, and cleaning the territory. As part of these tasks, the housing maintenance office provides free (mandatory) services:

Free housing office services:

• Maintenance of common property:

1. Repair of facades, roofs,
2. Removing snow and ice from roofs
3. Cleaning areas, sweeping adjacent to residential buildings
4. Replacement and insulation of windows in entrances
5. Strengthening building canopies
6. Repair of doorways of general purpose premises, window openings (including glass replacement);
7. Wet sanitary cleaning on the landing.

• Technical supervision of communications of an apartment building

1. Control, shutdown and connection of home heating
2. Elimination of air jams
3. Insulation of pipelines
4. External power supply (house lighting, repair of electrical wiring in the entrance, replacement of lampshades on the stairs, office common areas)
5. Cleaning water supply pipelines
6. Adjusting flush cisterns in residents' bathrooms

• Emergency service

1. Repair of electrical panels, lamps
2. Clearing clogged drains inside the house
3. Eliminating battery leaks
4. Repair of water pipelines (welding, pipe replacement)
5. Replacement of taps, bathtubs, mixers, toilets in apartments as a result of their physical wear and tear
6. Water pumping and basement maintenance
7. Disabling risers

Important: replacement of burners, switches, and any replaceable elements in stationary electric stoves in an apartment is also provided free of charge by a housing office electrician

The number of free housing and communal services is quite large. But it is worth understanding that the management office deals with common property and is primarily responsible for it and the consequences of its malfunction. So, if as a result of a rotten roof your apartment is flooded, then the Housing Office will bear all the material consequences.

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Paid housing office services

In most apartment buildings, residents rely on housing and communal services employees for repairs to their personal privatized premises. Often citizens have a need for urgent services of an electrician if there is a smell in the wiring, or a plumber, when a faucet starts leaking or there is a desire to change their bathroom or add a few batteries.

Of course, the office can provide this type of service, because its work team includes such specialists, but it is not obliged to do this free of charge.

Therefore, housing and communal services also provide paid services for high-rise buildings:

• Plumbing work in the apartment:

1. Replacement of faucets, washbasin, heated towel rail
2. Repair of flush cistern
3. Removing blockages

• Electrician services:

1. Replacing the shield and meter with a new one
2. Repair of sockets, switches, lamps in rooms
3. Replacing a stove (electric and also gas)
4. Installation, replacement and repair of electrical wiring

• Carpenter services:

1. Repair of handles, openings, door locks
2. Floor repair, replacement of floor covering
3. Sealing walls, openings (during repairs)

That is, the services that you personally require to create comfortable conditions in your apartment will be classified as paid.