The condition of the entrances to many apartment buildings is very deplorable. Apartment owners are forced to admire fallen tiles, broken windows and shabby walls every day. At the same time, the management company regularly collects fees for the maintenance of common areas, and, therefore, it must bring the entrance into proper shape. How to force housing and communal services, housing office, management company, housing unit, homeowners association to make repairs at the entrance?
Filing a complaint to the management company
If the situation does not develop in such a way that it is necessary to immediately intervene in it, you can write a written statement to the management company itself. Write a complaint about the work of a dispatcher or an ordinary employee to the site manager or director. Most often, a written request helps solve the problem.
In accordance with the law, the management company must respond to the applicant’s request no later than 10 working days. If there is no answer, go to the next authorities.
It is important that the application to the management company be prepared in duplicate. One is sent to the office of the management company, the other remains with the applicant. It is important that the applicant’s copy bears an acceptance mark.
Where to go if the management company is inactive?
Read how tariffs for utility services are set in management companies here.
Is it possible to change the management company for the house, read the link:
Sample complaint to the Criminal Code
It is possible to achieve any results in solving the problem with the management company only by drawing up a written complaint.
Attention! A sample complaint form looks like this:
- the header of the application indicates the full name of the citizen and the full name of the Criminal Code;
- the complaint should be called “On violation of the maintenance of an apartment building.” Write this name in the center;
- in the application itself you need to describe the essence of the problem, indicate the condition of the entrance;
- the complaint must contain demands for repair work indicating the time frame;
- At the end of the appeal there is a date and signatures.
It is important that as many residents as possible sign the claim. This will make it possible to achieve results faster.
If a refusal was received from the Criminal Code?
If the repair was never carried out or the management company refused to carry it out, you should file a complaint with the Housing Inspectorate - this body is authorized to monitor the activities of housing and communal services workers, including holding the management company employees accountable.
Submitting a complaint is possible both by e-mail and by post.
The application must contain information about:
- The problem that has arisen;
- References to the provisions of the agreement;
- The results of consideration of the claim in the Criminal Code;
- A request for an inspection of the work of the management company and an obligation to carry out repair work.
It would be useful to attach the following documents :
- A copy of the agreement with the management company;
- A copy of the application previously submitted to the Criminal Code;
- A copy of the written response of the management company to the tenants’ complaint;
- List of works compiled by the general meeting;
- Entrance inspection report (defective statement).
A response from the Housing Inspectorate should be expected within a month.
Contacting the State Housing Inspectorate
If you cannot reach an agreement with the management company, write a statement to the housing inspectorate. This is one of the most important government bodies that can affect the activities of the management company. Sometimes it’s enough just to call the housing inspection, and the issue begins to be resolved.
The administration of the management company tries not to come into conflict with the housing inspection, since if an inspection is organized, the management company will face a fine. In addition, an order will be issued to correct the problems. If the Management Company does not comply with the order, another fine will be imposed.
The powers of the housing inspection include monitoring the activities of management companies and the condition of the housing stock.
What is the entrance renovation program in 2017?
Photo from the site ivbb.ru
Do not rush to despair ahead of time and assume that your turn for repairs will never come. The authorities are launching a large-scale program in which they will try to repair almost every entrance in the country. True, for now it is being implemented in Moscow and the region. According to the latest news, regional projects will begin to operate at the end of 2021, and then cleanliness and well-grooming will come to every front door.
That's all. We hope you will be able to defend your right before management companies. Remember that it is quite difficult to force them to do repairs, so try to keep your entrance tidy on your own.
How to write a complaint to the State Housing Inspectorate
A complaint addressed to the housing inspection is similar in form to a complaint to the management company.
It contains the following items:
- in the header of the appeal the full name of the tenant, his contact details, and residential address are written;
- the title is “statement of violation of house maintenance rules”;
- the text of the complaint must state the violations and indicate the address;
- write down the requirement to conduct an unscheduled audit of the management company’s activities;
- The date and signature are placed at the bottom of the complaint.
The appeal is drawn up in two copies. One copy remains in the hands of the applicant. It must bear the signature of the housing inspector who accepted the application.
If the complaint was sent by email, you should receive a response back stating that it has been accepted. The response must be received no later than 30 days.
ATTENTION! Look at the completed sample complaint to the State Housing Property Committee against the Criminal Code:
Appeal to the District Prosecutor's Office
One of the most effective ways to solve any problem is to contact the prosecutor's office. She can check any organizations. The only difficulty is that employees are overloaded with work. Often because of this, instead of checking, citizens receive unsubscribes.
An exception is the case if neither an appeal to the management company nor an appeal to the housing inspection yielded any results. In such a situation, you can file an appeal to the prosecutor's office.
In some cases, prosecutors may file claims in court.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
How to write a complaint against the Criminal Code to the Prosecutor's Office
A complaint to the prosecutor's office about the actions of the management company must contain the following information:
- The header of the appeal indicates the body to which the complaint is addressed. Next, indicate the applicant’s full name and contact information. Also, the header of the document should contain information about the management company and the house it serves;
- The word “complaint” is written in the center of the statement, then the essence of the problem is stated in detail. It is necessary to specify which clauses of the contract are not fulfilled by the management company, and which requests were sent by residents to solve the problem. It is necessary to describe what the management company’s response was to the residents’ requests;
- after describing the essence of the problem, a request is indicated to employees of the prosecutor’s office to take measures regarding the actions or inactions of the management company;
- there must be an appendix that indicates all the papers attached to the application;
- Below is the date of submission of the appeal and the signatures of all interested residents.
The complaint can be submitted in person, or sent by registered mail with an inventory, or by filling out a special form on the official website. The period for consideration of citizens' appeals is 30 days.
ATTENTION! Look at the completed sample complaint to the Prosecutor's Office against the Criminal Code:
Your apartment is undergoing major renovations: what to do if something goes wrong?
When carrying out major repairs, there is a high risk of troubles such as flooding, fire, and damage to the finish.
Let's figure out what to do if this happened in your apartment, and who will compensate for the losses caused.
Overhaul is a type of housing and communal services (HCS) <*>.
The contractor under the contract for major repairs is the organization that provides housing and communal services to consumers on the basis of the contract. This is, as a rule, housing and communal services, an owners' association or an organization of developers <*>. Which organization is the contractor is indicated directly in the contract.
Note: In practice, repair work is usually carried out by a third party under a contract.
You, as a consumer, have the right to compensation for losses and harm caused by the contractor to your life, health and (or) property due to the failure to provide housing services or their provision with deficiencies <*>.
The contractor must compensate in full for losses incurred due to unlawful actions (inaction) of the contractor himself or the contractor when performing work as part of the overhaul <*>.
Please note: You are a consumer not only if you are the owner of the premises, but also if you are a tenant of a residential premises of the state housing stock, a member of a developer organization <*>.
So, what to do if...
...flooded the apartment
This can happen, for example, during roof repairs, battery replacement or other work.
1. If possible, the flooding should be stopped. If this was not possible, it is necessary to urgently call representatives of the emergency dispatch service to eliminate the accident <*>.
Note: In Belarus, the Unified Dispatch Service for Housing and Communal Services operates around the clock. You can leave a request by calling 115 or on the “May Republic” portal.
If you called the emergency service, you must obtain a certificate from the representative confirming the fact of the flood and its causes. This certificate will be the basis for drawing up an inspection report.
It is advisable to photograph the consequences of the flood.
2. Report the flood to the housing maintenance department (HOE) and the contractor. If your house is not serviced by the housing department, then only inform the contractor. The deadline for such a message is a month from the moment of flooding, but it is better to do this as quickly as possible <*>.
A commission of representatives of the housing department and the contractor must draw up an inspection report . When drawing up the inspection report, a representative of the contractor whose workers carried out the repairs in your home must be present. The inspection report indicates the reasons for the flood, a list of damage (finishing, property: furniture, household appliances, clothing, etc.) and the persons responsible. The contractor whose workers are carrying out the repairs must be identified as the culprit. A plan of the damaged premises must be attached to the inspection report . It schematically indicates the locations of defects and malfunctions <*>.
The contractor's representative must draw up a claim act . The act is signed by the injured party (i.e. you) and the representative of the performer. If you do not agree with something, make reservations about it in the act <*>.
3. Agree with representatives of the housing department on the date for drawing up a defect report for repair and construction work . If it was not possible to immediately agree on the date for drawing up the defective act, call representatives of the housing department and the contractor yourself, taking into account the established deadline. This act must be drawn up by a commission, which includes representatives of the housing department and the contractor, when the flooded areas dry out, but no later than 20 calendar days after drawing up the inspection report <*>.
The defect report must indicate the types and volumes of repair and construction work, the quality and types of finishing materials to eliminate the consequences of flooding, and also list all property that is damaged.
Note! Copies of the inspection report and the defect report must be given to you, having familiarized you with them against your signature, or sent by registered mail <*>.
At your request, on the basis of the defect report, an estimate is drawn up for repair and construction work of the damaged <*>. As a rule, the estimate is drawn up by the contractor.
After carrying out the above activities, you should have copies of the inspection report, defective report, claim report and estimate.
4. You need to decide how you will eliminate the consequences of the flood <*>:
1) require the contractor to carry out restoration work;
2) carry out restoration work yourself (or involve another organization or individual entrepreneur) and demand compensation for losses.
The contractor should be notified of his decision before the start of restoration work. It should also be taken into account that if the cost of repairs exceeds the amount indicated in the estimate, the court can satisfy the requirements only in the part indicated in the estimate.
If damage is caused to things, for example furniture, household appliances, decide whether you will demand to provide the thing in return, repair it or reimburse its cost <*>.
Note : We believe that you can negotiate compensation for damage directly with a representative of the contractor whose employees are at fault for the incident. In this case, you should enter into a written agreement, which will specify in detail what work will be carried out and within what time frame, or indicate the amount that the contractor will pay you in compensation for damage. However, if the contractor does not voluntarily fulfill this agreement, it will be the contractor who will have to demand compensation for damages. Therefore, it is necessary to properly complete the above documents.
5. Make a written demand for compensation in two copies. The demand can be delivered personally to the executor. In this case, it is necessary that your copy of the requirement be marked with the registration number and date. The request can be sent by registered mail with notification (preferably with a list of attachments).
Note! If the apartment is insured, you must immediately notify the insurer about the incident and follow his instructions <*>. In this case, it is also necessary to complete the above actions to obtain an inspection report, a defective report, a claim report and an estimate. The insurance company will pay you compensation <*>. In this case, you will not have to collect losses from the contractor; the insurance company will handle this.
If the executor does not comply with your request, you have the right to go to court. This can be done at the location of the apartment where the flood occurred, or at the location of the contractor <*>. When going to court, you can also demand monetary compensation for moral damage <*>.
The statement of claim should be accompanied by copies of all available documents, photographs, and also information about witnesses <*>. There is no need to pay state duty <*>.
...there was a fire
This can happen, for example, when carrying out welding work.
If a fire starts, immediately call rescuers by calling 101 or 112. Everyone present must leave the room and close the door tightly behind them.
After the fire is extinguished, the fact of the fire is recorded. The first fire extinguishing director to arrive draws up a report of the fire at the place of its occurrence. This act is signed by the person who draws it up, as well as victims and witnesses <*>.
Then you should call representatives of the housing department and the contractor to draw up an inspection report and a defect report. Unlike flooding after a fire, self-healing of finishing elements is impossible, so a defect report can be drawn up immediately after the inspection <*>.
The further procedure for your actions is similar to the procedure for filling.
...the finishing is damaged
Before starting work, check with the builders exactly what will be done and what access will be required. Will the trim, walls, etc. be damaged? It is advisable to take a photograph of the room before starting repair work. If there is damage after the work, it should be photographed in the presence of the builders.
The consumer may demand restoration of the finish damaged during major repairs <*>.
If after the work the finishing has not been restored, representatives of the housing department and the contractor should be called to draw up an inspection report and a defective report. The further procedure is similar to the procedure in case of flooding or fire.
Note! You are obliged to provide access to the premises, as well as to the engineering equipment located in them for carrying out repair work <*>. Therefore, to provide access, you should independently (at your own expense) dismantle everything that blocks access to the in-house engineering systems (water supply, sewer, gas pipes, etc.). This includes moving furniture, removing tiles, etc. And also, if the glazing of a balcony or loggia was done on your initiative, if necessary, you are required to dismantle the glazing elements of balconies or loggias during the repair work <*>.
Trial
Filing a claim is a long process that often requires legal assistance. But this is the most reliable way to solve the problem. The court decision will be compulsorily executed by the management company.
To prepare a statement of claim, it is necessary to collect evidence, responses from government organizations, and receipts for payment for services.
Notice! An application is submitted to the district court in the following situations:
- if the dispute does not concern property issues;
- if the price of the statement of claim does not exceed 50,000 rubles;
- When filing a claim, the applicant cannot independently determine the amount of damage that the management company caused to him by violating the law.
An application is also submitted to the district court if its purpose is compensation for moral damage.
Watch the video. How to make housing and communal services work for free?
How to change the management organization
If difficulties regularly arise with the management company, it is best to change it. To do this, residents must assemble an initiative group, headed by a senior person in the house. Then the residents turn to another management company with a request to organize a general meeting.
But several factors must be taken into account. It is not a fact that the new management company will work better, and it may also have friendly relations with the old management company.
As an alternative way to solve the problem, you can create your own HOA. In such a situation, the residents themselves will decide on housing repairs.
Evaluation of completed work
Once the renovation work begins, residents should constantly monitor the process.
It is necessary to record all stages of the repair. It is possible to use photography or draw up inspection reports. It is mandatory to require the drawing up of hidden work reports
After the renovation is completed, it will be necessary to create a selection committee consisting of representatives of the Housing Inspectorate, the contractor company, and employees of the management company. Deputies of municipal bodies may be invited as independent appraisers.
If the repair is made with defects, you should not accept the work and sign the report, since the request for the next repair may be made no earlier than in 3-5 years.
Where not to complain
Often, residents themselves make mistakes by sending an application to the wrong place. As a result, they remain unconsidered.
Please note! There is no need to send complaints to the following authorities:
- to the police - such an appeal will be returned with a note that the citizen has a civil dispute;
- You can't skip authorities. For example, it is not recommended to write a statement to the regional prosecutor's office if an appeal has not yet been sent to the district office. The complaint will be pushed down, resulting in the complainant losing time;
- to the governor's office. Such an appeal would be appropriate only if appeals to the housing inspectorate and the prosecutor's office did not help;
- deputies - the applicant’s complaint will simply be redirected to another body.
There is also no point in complaining to the elder in the house. He does not resolve any issues regarding repairs, but can provide support in drawing up a collective complaint from residents.
List of works that must be provided by the housing office
The responsibilities of the management company include carrying out repairs at the entrance. In accordance with the law, the frequency of repairs must be at least once every five years. Repairs can be carried out earlier if the house is worn out and the majority of residents vote for the work to be carried out.
It is important for citizens to know that the management company is obliged to carry out repair work at the entrance even if they are not specified in the contract. Moreover, if this is not a major repair, then residents do not have the right to charge additional fees. All expenses are already included in the housing maintenance rates. In such a situation, it is important for residents to be able to distinguish major repairs from ordinary ones, so as not to incur unnecessary expenses.
The list of major repairs that must be carried out in apartment buildings using funding from the capital repair fund is enshrined in Article 166 of the Housing Code.
Attention! This includes repairs:
- roofs, facades and basements;
- engineering systems inside the house. These include water, gas, and heat supply systems;
- equipment for elevator operation;
- foundation of an apartment building.
Entrances are not included in this list of works. But there are methodological recommendations from 2004, which indicate that these are routine repairs that are carried out to restore the functionality of a residential building. The list of such works includes painting and glass work, which are carried out in utility rooms. The entrance belongs to this type of premises.
But not all entrances need to whitewash the ceiling. Therefore, the residents determine the list of works independently and record it in the minutes of the meeting. After the list of works has been compiled, residents contact the management company. You need to provide her with a list of work.
It may include the following:
- painting the ceiling and walls;
- replacement of glass or individual window elements;
- front door repair;
- replacement of lamps;
- repair of electrical panels doors, as well as their replacement;
- installation of handrails at the entrance to the entrance;
- repair or replacement of mailboxes;
- replacement of individual sections of floors.
This is an incomplete list of works, which can be expanded at the request of residents. For example, they need to install an additional door at the entrance.
Who should do cosmetic repairs in the entrance: what to do when you have achieved it?
Photo from the site electropara.ru
Once you have started repairs at the entrance, do not relax. The beginning does not mean that the management company will do everything properly, so the initiative group must receive a work plan and check the progress of their implementation.
As life shows us, often only 40-50% of what is required and planned is actually carried out. Therefore, all work carried out should be recorded during the process. You can photograph each stage or draw up inspection reports. Be sure to require the preparation of hidden work reports. If a major replacement of any elements inside the entrance is carried out, it is worth recording this during the process, otherwise it will be impossible to evaluate the quality later.
It is important
Make sure that when making repairs, workers do not forget to regularly remove construction waste. Immediately complain to the management company about forgetful employees.
Upon completion of the repair, its acceptance must be carried out, in accordance with Government Decree No. 18.21.2 dated January 27, 2013.
The acceptance committee includes: representatives of the Housing Inspectorate, the contractor organization, representatives of the HOA, and deputies.
If any of the planned points have not been completed, you should not accept the delivered object and sign the acceptance certificate. The management company’s promise to eliminate deficiencies upon completion of the work will remain unfulfilled. If you accept repairs with “defects”, the next one can be requested only after 5 years.
Management companies are organizations that provide owners with services for the maintenance and management of their common property, so you should not put up with its poor quality work. Now you know exactly how to obtain repairs at the entrance from the management company, so defend your legal rights and demand that all types of work required by law be completed, including timely repairs to the entrance.
