Often the collapsed entrances of our high-rise buildings resemble scenes from films about the apocalypse. Shabby walls, broken glass and floor tiles - all this does not add aesthetics to staircases and elevator halls. It is very unpleasant to go to your home in such an environment.
But housing and communal services are the same services as a haircut at a hairdresser or repair of a washing machine. You wouldn't think of paying for a bad haircut or an unrepaired TV. So why are residents of apartment buildings silent when the management company provides poor quality service? After all, you regularly receive a utility bill for repairs to your house and entrance. We will tell you who, how and with what frequency should make repairs to the entrance and hope that this information will help.
The management office repaired the entrance by decision of the general meeting
The management organization in Kemerovo received the minutes of the general meeting of owners with a decision on the current repair of the common property of the house - one of the entrances (Part 4.1 of Article 44 of the Housing Code of the Russian Federation). The protocol was signed by members of the counting commission and the chairman of the council of the apartment building.
The OSS protocol indicated that the repairs were being carried out at the expense of the owners. They had to pay an additional monthly fee to the management company until the amount spent on the work was fully repaid. The cost of repairing the entrance was 68,000 rubles. The management authority, in accordance with the decision of the OSS, included an additional payment in the bills for housing and communal services.
The owners called an extraordinary general meeting and refused to pay for the repairs. At this meeting, they learned about the OSS protocol according to which the management organization acted. It turned out that such a meeting was not held; the owners of the premises in the house did not know about it and did not vote.
What is the time frame for troubleshooting during unscheduled maintenance?
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Action plan for emergency repair units of housing and communal services
If an emergency condition of the entrance is detected, a complaint should also be filed. After this, the evaluation commission is obliged to conduct an inspection. Based on its results, emergency repair work is carried out.
REFERENCE: The activities of the departments are controlled by the regional State Housing Inspectorate. Their readiness to eliminate emergency faults and technical equipment are checked.
It is possible and necessary to influence management companies. This is done through written requests. Typically, the situation is resolved at the stage of submitting an application to the head of the management company. If the organization does not respond to complaints, it is better to change it.
The court declared the minutes of the general meeting invalid
The MA refused to recalculate, since the previously submitted protocol was not challenged. One of the owners filed a lawsuit with the court demanding that the OSS protocol on carrying out repairs at the expense of the owners of the premises be declared invalid, and the repairs be paid for from the own funds of the Management Authority (Part 6 of Article 46 of the Housing Code of the Russian Federation).
The owners proved in court that they were not notified of the general meeting in accordance with Part 4 of Art. 45 of the Housing Code of the Russian Federation, were not present at it and did not vote on the stated issues. The Chairman of the Council of the MKD confirmed that the OSS was not carried out, and she signed the documents for herself and for the members of the counting commission.
The court declared the minutes of the general meeting of owners invalid, and the management company had to return the money to the owners that they paid according to additional charges.
What to do if the court declared the OSS protocol invalid
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Complaint on the website of RosZhKH
The resource is not directly related to utility companies. Templates for writing complaints and statements are posted on the pages of the site. They are easy to fill out by selecting the appropriate one for the problem. The site employees themselves will send the document to the required authority.
Track the movement of the document on the page https://roszkh.ru/
Important! On the RosZhKH website you can get competent legal advice on housing and communal services issues. In the process of proceedings to repair the entrance, knowledge of the law will be very useful.
The management authority is obliged to carry out routine repairs every three to five years.
After the OSS protocol on the ongoing repairs was declared invalid, the management organization sued the chairman of the board of the apartment building, demanding compensation of 68,000 rubles for the repair of the entrance.
The courts of first and appellate instances rejected the management organization's claim. Their decisions were based on the following arguments:
1. According to the terms of the agreement concluded between the management company and the owners of premises in an apartment building, the management organization is obliged, for a fee, to maintain and repair the common property of the house in proper condition (Part 2 of Article 162 of the Housing Code of the Russian Federation).
In this case, the amount of payment is determined in the amount that allows maintaining common property in accordance with the requirements of the legislation of the Russian Federation (clause 29 of the RF PP No. 491).
2. The proper condition of the common property of the apartment building is compliance with the characteristics of the reliability and safety of the house, the life and health of citizens, the safety of property, as well as respect for the rights and interests of the owners of the premises in the house (clause 10 of the RF PP No. 491).
To ensure such conditions, the management company must carry out house maintenance, inspections, control checks and routine repairs (Article 36 of the Federal Law of December 30, 2009 No. 384-FZ).
3. Routine repairs of entrances should be carried out every 3–5 years, depending on the physical wear and tear of the apartment building (clause 3.2.9 of the State Construction Committee Resolution No. 170 dated September 27, 2003).
4. All ongoing work for the proper maintenance of the common property of the apartment building is considered provided for in the management agreement. Management organizations are obliged to fulfill them, regardless of the presence of such a condition in the contract or the decision of the general meeting of owners (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 29, 2010 No. 6464/10).
Taking into account these requirements of the legislation of the Russian Federation, the judges found that the management organization was obliged to carry out routine repairs in the entrance at the expense of funds collected monthly from the residents of the building in accordance with the management agreement.
The court did not establish a cause-and-effect relationship between the forged protocol signed by the chairman of the House Council and the renovation of the entrance. Therefore, the judges rejected the management's request to recover from the chairman an amount of damage equal to the cost of repairs.
On the right of the housing inspection body to doubt the reliability of the OSS protocol
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Selecting a contractor
High-quality and timely work is the key to peace of mind for customers. Therefore, the choice of a company that will carry out repairs should be taken carefully and responsibly. It is worth paying attention to contracting organizations that have existed on the services market for more than three years and have proven themselves well. The company's impeccable reputation is a guarantee of quality work. It would be a good idea to study customer reviews and talk with a company representative.
A prerequisite must be the conclusion of an agreement for carrying out the necessary activities, which clearly states the types of work, their cost, timing and guarantee for the services provided. You can separately agree on a short deadline for completing a task without disrupting technological processes.
It is desirable that the team owns a personal vehicle (it is mobile enough and can deliver tools to the site to perform the work).
Current repairs are carried out regardless of the decision of the OSS
Management organizations and homeowners' associations responsible for maintaining the common property of apartment buildings should not wait for residents' requests to carry out routine repairs or the decision of the general meeting of owners.
The MA should remember that:
- Current repairs of the common property of apartment buildings should be carried out every 3–5 years (clause 3.2.9 of the State Construction Committee Resolution No. 170 dated September 27, 2003).
- The obligation to carry out repairs is assigned to the management agreement and the norms of the Housing Code of the Russian Federation, No. 384-FZ, RF PP No. 491, Resolution of the State Construction Committee No. 170 and does not depend on the presence of a decision of the general meeting of owners of premises in the apartment building.
- Carrying out current repairs, the financing procedure for which is defined in the management agreement, does not require an additional decision by the OSS. The obligation to carry out such work lies with the management organization, even if the owners refused to carry out routine repairs (appeal ruling of the Altai Regional Court dated 09/06/2017 in case No. 33-9061/2017).
- The court, when considering claims against the management company for failure to carry out repairs, does not take into account the arguments that the organization began managing the house recently and all the defects and violations of the maintenance of the common property existed previously. These circumstances do not relieve the management company managing the house at the time the owner applied to the court from the obligation to carry out routine repairs (appeal ruling of the Altai Regional Court dated 09/06/2017 in case No. 33-9061/2017).
For improper maintenance of the common property of an apartment building, the management authority may be held administratively liable under Part 2 of Art. 14.1.3 Code of Administrative Offenses of the Russian Federation for operating an apartment building in violation of licensing requirements.
The courts also satisfy the owners’ demands for compensation from the management organization for moral damages and payment of a fine for refusal to carry out routine repairs under Art. Art. 14, 15, part 6 art. 13 No. 2300-I “On the protection of consumer rights” (decision of the Podolsk City Court of the Moscow Region dated September 28, 2017 in case No. 2-2453/2017, appeal ruling of the Altai Regional Court dated September 6, 2017 in case No. 33-9061/2017).
Broken windows
Often, in our entrances, regardless of the time of year, there is wind, wet from rain or snow. Broken windows in stairwells are one of the problems that housing department employees do not strive to quickly eliminate.
Now is the time to find out who should change the windows in the entrances.
Who should change the windows in the entrances?
Meanwhile, the house management company is obliged to glaze a broken window within one day in winter and three days in the warm season. This is stated in Appendix No. 2 of the Rules and Standards for the Technical Operation of the Housing Stock.
Therefore, all the excuses and replies from housing office employees have no basis. Demand to replace the glass with a whole one, without any hesitation. Let us repeat, this is the direct responsibility of the management company.
How to file a complaint
Contact the housing inspector. This is the first thing you should remember when utility companies refuse to provide quality services. This service was created to control the negligent actions of housing and communal services employees.
We will describe in detail the procedure for detecting a broken window in the entrance:
- contacting your management company;
- if refused, contact the State Housing Inspectorate;
- filing a complaint;
- submitting an application by sending a registered letter with notification or handing it over personally to an employee;
- wait thirty days before the decision is made (this period is established by law);
- After making a decision to eliminate the problem, utility companies will have forty-five days to eliminate the malfunction.
Of course, because of such a trifle as broken glass, it is unlikely that you will have to initiate a complaint procedure with the housing inspectorate and housing department employees will glaze the window. But you still have an effective method for fighting.
You can download an application for replacing windows in the entrance here.
Application for replacement of windows in the entrance
Application for replacement of windows in the entrance - 1
Application for replacement of windows in the entrance - 2
Application for replacement of windows in the entrance - 3
What should residents do if their staircase (steps) in their entrance has not been repaired for a long time, just as the broken floor tiles have not been replaced? We will talk about this below.
The video below explains how the Criminal Code should work regarding the replacement of windows in entrances:
