Rights and responsibilities of the building manager. House elder

Chief of the entrance - sounds proud. Chief of the house is an even louder position, but essentially means the same thing. Previously, people vested with such power were called house managers. Even from classical works of art, we remember them well. In the immortal comedy “The Diamond Arm,” a colorful woman house manager suspected Semyon Semyonovich of secretly visiting the synagogue, uttering her iconic phrase: “Our people don’t take a taxi to the bakery!” In “Heart of a Dog,” the overly active house manager went even further - he wanted to chop off several rooms from Professor Preobrazhensky’s apartment. Fortunately, he never succeeded.

In real life in the 21st century, house managers are those in charge of the entrance or house, and most often you can meet them either on your birthday, or during renovations, when a woman of retirement or pre-retirement age rings your doorbell and begins to demand you stop making noise, threatening calling the local police officer and eviction.

Some people turn away such enterprising comrades, but others wonder what rights these most important people at the entrance have, what responsibilities are assigned to them, and in general, how can you yourself become the main guy at the entrance, so to speak, the first guy in the yard ?

Housing and communal services wars. Why are residents and management companies on opposite sides of the barricades?

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Responsibilities of the Chairman of the MKD Council (Senior in Household)

The main responsibilities of the chairman of the MKD council are as follows:

Monitoring the cleaning of common areas, such as elevators, entrances, stairs;
Monitoring the activities of the housing maintenance company in cleaning and operating the surrounding area;
Monitoring compliance with fire safety standards, sanitary and hygienic rules;
Monitoring the implementation of regular and major home repairs;
Informing residents about the rules of behavior in emergency situations, placing contacts for operational agencies that should be contacted in the event of an emergency;
Providing assistance to the police, social security authorities, fire control;
Storage of acts of general meetings of residents, keys to attics, basements, electrical panels.

In case of dishonest performance by the management company of its duties, residents of the building have the right to appeal to the chairman of the council. For example, the entrance is dirty, repairs are not being done or the lighting does not work. In such cases, the chairman has the right to write complaints to the Criminal Code and complain to regulatory authorities. If the residents of the house decide to terminate the contract with the management company, then it is the chairman who will negotiate.

Not all issues have the right to be resolved by the chairman alone. If, for example, it is necessary to install video surveillance or improve the territory, then the chairman of the MKD can bring the issue to the general meeting of residents.

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"ROOM No. 6" IN APARTMENT No. 5

- You are young, literate, but what can our pensioners do? — my neighbor, a 94-year-old veteran of the Great Patriotic War, admonished me before a meeting of homeowners. “The manager is stealing from us, but we can’t do anything!” And you’re a journalist, you’ll quickly figure everything out and find justice for them.

I thought why not. God knows what was going on in the management of the building over the last year: inadequate payments, ignoring residents’ meetings, blatant additions to general house expenses. At a meeting of owners, I took from my predecessor four volumes of correspondence with housing and communal services authorities and for a couple of evenings I plunged into the chronicles of battles with the communal leviathan.

There were enough problems in our high-rise building. The madman in apartment No. 5 is keeping the entire building from living. He dismantled the walls in the apartment, lit a fire on the stove, flooded the neighbors below, and threatened the neighbors above. And everything is like water off a duck’s back: the invariable “absence of a crime event” in the police responses and lengthy replies from officials that the situation is under control.

But most importantly, the psycho turned out to be the owner of the property, and such people can only be evicted by a court decision declaring them incompetent and a threat to society. The visits of the Housing Inspectorate yielded the minimum: they restored the walls and sealed the gas pipe. Now we won’t fly into the air, and thank you for that. But how to evict him? On the advice of a lawyer friend, it was decided to begin by documenting all the riots in detail. The more evidence that a person poses a public danger, the more likely it is that the court will force his eviction and sell his home.

"BEETLE" ATE THE CONTRIBUTIONS

“Zhuk” is an acronym for our former housing management company. Although the meaning “crook” suits her much better. Extracts from the special account of the house, on which we saved money for major repairs, left no doubt: the manager stole 246 thousand rubles from the residents over two years - about 8 thousand per apartment. We opened a special account in 2015, having decided at a general meeting of residents that we would be able to manage the money ourselves and spend it as it should, and not as the Stavropol Overhaul Fund decided. For three years we regularly paid 5 rubles per square meter, being confident that the money would go directly to our bank account, and that we would soon replace the wiring and risers with it. But it was not there.

It turned out that the Overhaul Fund, as a non-profit organization, cannot engage in financial transactions and has the right to attract contractors. Our “Zhuk” acted as such an intermediary, despite the fact that we did not enter into any agency agreements with it. The chain turned out like this: residents - city settlement account - special account. But on the Zhuk it was cut short, although by law the manager was obliged to transfer the money no later than the next day after its receipt. Having written a statement to the police regarding fraud and having learned that it was not the first in relation to the Beetle, I began to think about how we could get rid of the “gasket” and pay directly not only for major repairs, but also for electricity, water and heat. Moreover, the law on direct contracts between residents and resource providers came into force six months ago.

Our new manager immediately began to oppose such daring innovation. This is understandable, because we wanted to direct the rivers of money in other directions! As soon as she heard about direct contracts with resource officers, the representative of the management company began to look like a teacher, reprimanding schoolchildren who take on too much.

— Theoretically it’s possible, but practically do you need this pain in the ass? - she dissuaded. — The money goes through us, because only we are responsible for your payments.

In resource organizations - energy sales, water utilities, heating networks - they advised not to listen to stories and vote “for” payments without an intermediary by a majority vote, and simply notify the management of this decision to the owners. She herself is obliged to make changes to the contract.

As for capital repairs, it turned out to be impossible to change the accrual scheme due to the lack of agreements between the Capital Repair Fund and the City Settlement Center. However, in order to avoid further thefts, we decided to check the receipt of money in the account every month.

As the famous heroine Nonna Mordyukova bequeathed, the house manager should be a person’s friend.

One of the problems at home was cats. Previously, I was only touched by how many of them were around, fat and sleek, and how their presence domesticated the atmosphere in the yard. But having often visited the basement, I realized that there was only damage from animals there: the smell of cat urine, tattered thermal insulation of pipes, fleas, the corpses of rats and pigeons, which cats, fed to their fill by the compassionate owner of one of the apartments, drag here in reserve.

After talking with the residents, I realized that many of them have long been nurturing plans to remove or at least greatly reduce the number of baleen-striped animals in the yard. But before calling the office for catching street animals, they decided to discuss the issue at a meeting. The cat lady was called to account. She refused to close the soup kitchen, but promised to restore the thermal insulation at her own expense and from her own pocket to pay for the construction of a kind of shed for cats in the basement with a single entrance from the street, so that they could spend the winter there. The humane decision was included in the minutes of the meeting, but was recognized as interim. They finally agreed to resolve the “cat issue” in the spring, when it will be clear whether the insulation has survived and whether the cat “hotel” is of any use.

INSTEAD OF AN AFTERWORD

Working for a building manager is so-so. Unless, of course, you are an agent of the management company and are not dancing to its tune, deceiving your neighbors for a monthly bribe. And so the chairman of the house is entitled to the most - a symbolic reward from the residents. And that's not always the case. But no amount of “salary” makes up for the loss of nerves. My predecessor resigned with the phrase “I have no more strength. I still want to live." If you are honestly fighting to ensure that the house and yard are well-maintained, the plaster does not fall in the entrance, the basement does not heat, and the payments are fair, then get ready for a fight. Calling an emergency, taking meter readings and monitoring their condition, demanding that the manager fulfill the duties specified in the contract, convening meetings of owners, corresponding with authorities, visiting the offices of officials - all these are the concerns of the building manager, invisible to other residents. But someone needs to carry them out, otherwise the house will quickly turn into a place of communal disaster.

TIPS FOR RESIDENTS

1. Read the agreement with the management company carefully before signing it. It should clearly state her responsibilities. Cleaning the territory, maintaining utility units, checking chimneys, ventilation, routine repairs, even poisoning rats and fleas in basements - all this should be included in the contract under the line “maintenance and repair of housing.” The contract should make it clear how much you pay the company per square meter and for what services.

2. Participate in residents' meetings. And if they are not there, ask the manager why. Maybe because everything was decided for you long ago by the management company in collusion with the building manager? Remember that the owners' meeting is the main way to manage the house and solve its problems. And the minutes of the general meeting are a document that any housing and communal services authority must take into account, and first of all, your management company.

3. Demand reports. By law, the manager is required to report to a meeting of home owners once a year about the work done. But do not hesitate to invite representatives of the management company to all your meetings, having prepared and sent them questions in advance. If you are ignored, this is the first signal that it is time to change the management company.

4. Terminate the contract with the management company immediately if you notice something is wrong with your payments. If the manager owes money to the resource officers, shows in the reports inadequate costs for the work performed, refuses to provide reports to the residents, and finally, simply does not transfer the money you paid to your special account - break the contract and write a statement to the police. In the case of our house, delays and lack of proper control over the house’s special account led to the theft of the residents’ money.

5. Check the calculation schemes for your payments for housing and communal services. Remember that by law, residents have the right to enter into contracts with suppliers of light, heat, water without the participation of a management company or any other organization as a paying agent. We are obliged to pay the manager only under the line “maintenance and repairs of the house.”

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The house manager is a man's friend

We must not forget that the most important function of a building manager is interaction with residents, informing them about their rights and responsibilities regarding the use of residential and non-residential premises, public areas, as well as close cooperation with the management company.

For example, if one of the residents of the house is dissatisfied with the quality of services, then there is no need to go alone and try to achieve something. You just need to notify the “manager” of the house about the problem and suggest ways to solve it.

Functionality of the head

The responsibilities of a manager are very extensive. In his activities, he performs a lot of functions, and among the main ones the following can be distinguished:

Strategic. Associated with setting goals (long-term and short-term), developing an enterprise development strategy and planning activities.
Administrative. Involves control and evaluation of work results, distribution of powers, personnel development, and employee motivation.
Communication. It is expressed in establishing external and internal relations, holding meetings and negotiations, disseminating information about the activities of the company.
Social – organizing and maintaining a comfortable microclimate in the team, helping subordinates who find themselves in difficult situations.
Innovative and expert. Closely related to the strategic function, it involves the introduction of new types of products and services, consulting clients and employees, and the use of new technologies and techniques.

Rights and competencies of the house elder

Based on the fact that the main function of the chairman of the apartment building is to protect the interests of the residents of the house, he is endowed with certain rights and responsibilities. His powers are listed in Part 7 of Art. 161.1 LCD of the Russian Federation.

The Chairman of the Council is vested with the rights:

Discuss with the management organization issues of improving the conditions of operation and maintenance of the property;
If situations of dishonest performance by the management company of their duties are detected, insist on eliminating the violations;
Take part in drawing up a program for major home repairs together with the management organization;
Participate in the work of the commission for accepting the work performed, evaluate its quality;
Speak in court on matters related to the management of the house on behalf of the residents;
Initiate the organization of a general meeting of residents;
Take action if residents do not comply with the rules for operating residential premises.

According to Part 8 of Art. 161.1 of the Housing Code of the Russian Federation in the new edition No. 277-FZ, the competence of the chairman of the Council of MKD is confirmed by the corresponding power of attorney issued to him by the residents, or by the decision of the joint meeting, which vested him with these powers.

How to choose a house manager?

First of all, a meeting of the residents of the apartment building is held. During the meeting, voting is carried out, on the basis of which a chairman is appointed. The election of the chairman is carried out in several stages:

in person (directly at the meeting);
in absentia (by filling out voting sheets).

The elections will be recognized as valid if the following conditions are met:

Participation in voting by more than 2/3 of homeowners;
The candidate should be selected only by the owners of apartments in the building;
50% or more of voting participants must vote for this candidate;
The meeting must be recorded.

It all started with the students

Until the middle of the 18th century, the very concept of a “rented apartment” practically did not exist in Zlatoglava. The vast majority of residents had their own houses, in most cases similar to huts, or were in the service of the homeowners. A few visitors made do with taverns and inns: living in which was considered dirty and not very suitable for a decent person, but more often they found relatives or friends from among Muscovites and sometimes lived as guests for years.

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And then a university opened in Moscow. In fact, it was initially assumed that most potential students of the noble class already had a place of residence in the ancient capital, since in the 18th century, indeed, all good families had a Moscow house or an estate near Moscow. But the social composition of students turned out to be much more varied than expected, as, for example, shown in the classic Soviet film about Mikhailo Lomonosov, and the problem of housing for students and even university professors arose in full force.

It was then that the first apartments for rent appeared in middle and lower class houses in Moscow. Moreover, sometimes teachers, having rented a spacious apartment, rented out part of its space to their own students: both the students were within walking distance, and the neighbors were from almost their own circle. They also organized home cooking for their own people, and everything turned out relatively inexpensively.

State programs to improve yards

Often a situation arises when the issue of landscaping the local area cannot be resolved by residents together with the house council for financial reasons. There is only enough money to paint fences and benches, but broken roads and playgrounds remain that way for many years. In such cases, federal programs for urban improvement can provide support.

In 2021, the federal program “Formation of a comfortable urban environment” was formed.

This program was approved by the Resolution of the Cabinet of Ministers of the Russian Federation dated December 30, 2017 (No1710).

With the aim of improving tens of thousands of courtyards and improving the quality of the urban environment, the project will be implemented until 2024. The program is available to residents of any city where the number of residents exceeds 1000 people.

How to take part in the federal project for landscaping yards?

At the general council, it is decided what exactly needs to be done in the yard, a landscaping scheme is drawn up and an application to the city administration is drawn up. The program for creating a comfortable urban environment includes such types of work as eliminating damage inside courtyard passages, installing benches, trash cans and lanterns.

Which yards have the opportunity to participate in the program?

If the roads in the yard have not been repaired for many years, then such a yard will be landscaped first. Also, the positive decision of the administration will be influenced by the fact how regularly the residents of the house pay for housing and communal services.

Which yards cannot take part in the federal improvement program?

in the immediate vicinity of the territory there are dilapidated houses that are subject to demolition
repair work of utilities is planned for the current year
the improvement application contains types of activities that have already been carried out in this territory from budget funds
There are new buildings on the territory that have not expired the warranty period from the date of commissioning

The owner is a gentleman

If before 1812, renting out apartments was the job of philistine homeowners from humble and poor families, then after the Great Fire, many rich neighborhoods began to be rebuilt with the expectation of income, that is, renting out part of the living space. This meant, first of all, separate entrances to different parts of the building. For Empire mansions there were, as a rule, two such parts.

But already in the middle of the 19th century, real apartment buildings appeared: two- and three-story with galleries and staircases in the courtyards. They can be seen in pre-war films like “The House on Trubnaya”, and very similar ones appear in the great “Roman Holiday”.

Preparing to participate in a yard improvement project

The main role in the next stage of preparation is played by the house council and the chairman. As a rule, the yard is common to several houses, so representatives from neighboring houses can be involved in organizing the project.
When drawing up a plan for improvement, it is necessary to collect two-thirds of the votes of the residents of each house in support of the project.
Before holding a general meeting of residents, the building council prepares a number of documents - a voting protocol, an improvement plan and an application for participation in the program.

Meeting stages:

In-person meeting
and review of the project with residents of houses participating in the program. At the first stage of the council, apartment owners discuss the project scheme, make adjustments and vote. The voting results are entered into the act.
Door-to-door voting
. Residents who did not attend the in-person meeting participate in door-to-door voting.
Filling out an application for participation in the project.
Upon completion of the preparatory stages of the project, responsible persons submit an application for participation in the program. The application must be accompanied by a copy of the act of the general meeting, ballots for apartment elections and a yard improvement plan.

A public commission formed by the city administration reviews applications and makes decisions. If the application is approved, it will be included in the list of houses subject to improvement, which is published on the administration website.

Pay for the work of a house supervisor

Of course, a person who decides to become chairman has a wide range of rights and responsibilities. Therefore, before nominating yourself for such a responsible position, you need to thoroughly assess your capabilities. A logical question arises: is there a monetary reward for the person who takes on the entire burden of responsibility for the well-being of the home?

From a legislative point of view, the issue of a manager’s salary is not regulated. The management company does not have the right to accrue payments due to the fact that the chairman does not have an employment relationship with it.

Collecting funds from residents to pay for the activities of the chairman as a separate line in the receipt for utility bills will not be a correct option. After the management company receives money from residents, it will be required to pay income tax on this amount.

The decision to assign remuneration to the chairman must be made at a general meeting of residents. As a rule, several options are considered:

exemption from certain monthly fees, such as concierge services or fees for intercom or garbage collection
voluntary collection of funds from residents and transferring them to the house council for the purpose of further distribution between the chairman and other officials.

The decision on the amount of remuneration for the manager is discussed in advance at a general meeting of residents and is voluntary. It is not legal to demand payment for the manager’s work, and if the residents of the house decide not to pay, the chairman will perform his duties on a voluntary basis.

Landscaping work is suitable for responsible, active and purposeful people. Often, pensioners who are most socially active take on this responsibility.

For what

After all of the above, the question arises - why do people become elders in houses, entrances and even areas? Is there any benefit to this?

And, surprisingly, there are benefits. Most often, the elders in the house get rid of paying some fees, for example, for garbage removal, use of an intercom, concierge services, as well as rent for an apartment, if there is a social rental rather than a simple rental. In most cases, the savings are a maximum of 200–300 rubles per month.

It is clear that this money is nothing compared to the time and nerves spent on all the responsibilities assigned to the person in charge of the house. So they are elected mainly by residents with an active lifestyle, excess energy, and for some reason forced to spend a large amount of time at home. The main reason for this is retirement.

Should you accept a job as a housekeeper when you're older?

In addition to the prospect of receiving monetary compensation, working as the chairman of the residents’ council gives the pensioner a number of advantages:

The ability to influence the resolution of home improvement issues;
A chance to remain a socially active participant in public life;
The opportunity to receive gratitude and positive emotions from neighbors for the work done to improve the living space.

The position of chairman of the residents' council also has its downsides. First of all, this is the need to resolve controversial issues, resolve inevitable conflicts, which requires considerable emotional resources and strength.

Before deciding to become a conscientious performer of the duties of the chairman, consider whether your psyche and health state allow you to devote a sufficient amount of personal time to this complex and multi-tasking task. If yes, then agree. There are people who easily cope with this kind of conflicts due to their character, education or professional experience.

Summarizing the above, we can safely say that it is advisable for residents of the house to solve their problems harmoniously and together, to show initiative, and not to remain indifferent to common problems. That is why every home needs an active and responsible person who will take on the responsibilities of a manager and defend the rights of his neighbors.

Undoubtedly, this is very labor-intensive and complex work, but thanks to such people our homes will become more comfortable, cleaner and warmer. Whether you become a house manager or not is up to you. Even if you feel that you are not ready for such difficult work, you can always support your neighbor in this difficult, but very useful task of social importance.

For tea or for a search

But the real housekeeper was the senior janitor, and in today’s language, the director of a small management company. Subordinate to him were the other janitors, doormen and night watchmen of the house: every house was obliged to have the latter to assist the police. And the senior janitor himself was both a hired employee of the homeowner and a full-time employee of the city police. Janitors and night watchmen were selected according to almost the same criteria as, in fact, the police: they required a clean biography and evidence of trustworthiness.

The end of the 19th – the beginning of the 20th century. Street cleaner. Photo from the series “Types of Russia”. Photo: TASS

But, if you managed to get settled and take root in such a position, life for the senior janitor could be considered a success. The work was stressful, but the earnings were generously supplemented by tips. The poorest, as well as harmful and principled tenants who did not pay tips, the janitor could survive from the house. Thus, Vladimir Gilyarovsky describes how a senior janitor, offended by the lack of tips, brought the police to the apartment of a poor teacher; the search ended in nothing, but the frightened homeowner terminated the contract.

The rental contracts of that time were quite draconian in relation to tenants, because there was a clear shortage of quality apartments. However, the tenants also came up with many tricks that allowed them to avoid paying rent for a long time.

In the 20th century, the complex relationship with the police was complemented by relationships with utility providers. Plumbing, by the way, water meters in houses appeared back then, in the 1900s, sewerage, electricity, telephone. All calculations were carried out not by the senior janitors, who might lack literacy, but by the offices of the house owners.