Often, owners of apartments on the top floors of residential buildings are faced with the problem of roof leaks. In this case, it is worth acting quickly and collectedly before the problem becomes global. Today we will understand this situation, find out how to act and how to correctly write an application for roof repair.
Causes and consequences of leaks
Apartments on the top floors are among the most susceptible, since if the roofing pie is damaged, water can penetrate inside and appear on the ceiling. Small leaks cause damp spots to appear on the ceiling and walls, but in some cases the situation can be much more critical.
In specific emergency situations and in the event of a statement, management companies act promptly. But, even with minor problems, you should immediately submit an application, since even small wet marks can one way or another lead to serious consequences:
- Over time, moisture stains that appear during rain will ruin the interior decoration of the room, and repairs will be required.
- The humidity in the room will gradually become higher, which will negatively affect the health of all residents of the apartment.
- Humidity can create favorable conditions for the development of fungus and mold not only in the wet area, but throughout the entire room.
Important! Until the leak in the roof has been fixed, renovating the room will not help.
Writing a claim
The initial action in case of an emergency, when the roof is leaking so badly that there is no time to wait, is to call the reception of the management company and leave a complaint. It is important that the telephone call to the company is formalized in the form of a specific statement from a specific person with the date and time of receipt of information. However, it is not often that employees of management companies respond to oral requests, so a more effective way would be to submit a written statement in person.
Responsibility for the condition of the roof in a residential building lies with the organization that manages the building. It can also be REMP, Housing Office or REU. In order for actions towards the company to be targeted and methodical, first of all, before submitting an application, it is worth clarifying the address of the organization’s location and hours of operation, as well as finding out the name of the director in whose name the application is being written.
Very often, residents think that financing roof repairs after writing an application will fall on their shoulders. But that's not true. Every month, all owners and tenants pay bills for major repairs by transferring funds to a specific company account. Thus, it turns out that the restoration of the roof is carried out at the expense of the company that manages the house.
An application to bring the roof into proper condition can be drawn up in accordance with a pre-established template, which we will talk about later and which is available in every management company or in a form that is convenient for the applicant. But in any case, officials from the company managing the house are obliged to process the application and convey to the applicant information about the decision made.
The claim to the company must be submitted in several copies, one of which remains with the applicant. This version of the application is also signed by the responsible person of the management company and will be a guarantee of recourse if suddenly the initial claim is lost in the management organization.
All copies of the application must include the date and time of acceptance by the company, as well as personal signatures of both parties. In addition, on the sample application that the applicant leaves in his hands, the company employee must indicate his position and full name. The application is submitted to the housing and communal services reception desk during opening hours or sent by registered mail to the company, but the first option is preferable.
Mandatory information in the application
An application to a company is usually completed in a standard form. In the upper right corner there is a header with information about the management organization, the exact address and full name of the applicant. Below, in the center of the line, “Statement” is written, and then there is the text of the claim itself.
Application example
For a better understanding of how to draw up this document, let’s present a sample application for roof repair:
The sample application for roof repair in the housing and communal services shown shows how to correctly structure the application and provide information to the management organization. It is best if the application describes in as much detail as possible the damage caused to the applicant’s property as a result of the leak. The application must indicate the consequences of the utility organization’s inaction, both current and future.
Sample application for roof repair to the management company
If possible, it would be useful to attach photographs of damaged walls or ceilings to the application. Also, the weight of this appeal can be increased by the result of an independent examination, receipts for materials for repairs in the apartment. In the text of the application, it is necessary to insist that a commission be sent to the address, which will draw up a report on the defects. In the future, this can become significant evidence in court proceedings, if the case comes to it.
Important! At the end of the application there is a complete list of attached documents.
Typically, home inspection companies respond quickly to these types of claims and contact the contracting company that will carry out the work. In some cases, it is necessary to write a second application, but this time to the contractor company. After this, the organization sends its specialist to the site, who conducts an inspection and draws up a document on the costs of repairs together with an employee of the management company. The owner who applied and the neighbors as observers must be present during this process.
Next, the compiled estimate is sent to the management company. If the cost of the work suits the contractor and the housing representative, then the relevant service draws up an agreement with the contractor to carry out roof repairs in the house.
Here are some practical tips that will help you get a reaction from the management company employees as soon as possible after submitting your application:
- Reminders about your application, since it often happens that the response of the management organization is too slow.
- Control over all stages of leak repair until they are completed.
- Association of neighbors to submit an application to the Housing Office.
If, after the required 2 weeks from the date of submission of the application, there is no response from the company managing the house, then contacting more serious organizations will be a good solution. This is, for example, the head of the housing and communal services department in the city or district administration. The application is sent to these individuals in the same form as to the company managing the house. As in the option described earlier, the claim must be drawn up in 2 copies. Attached to it is a copy of the passport of the person applying, documents confirming the rights to an apartment at this address. Such applications are processed by the administrative authority within 30 days, and the person who submitted it is informed in the form of a letter to the address.
If, after a month, there is no response to the application, and the leak has not been eliminated, then the only correct option would be to file an application to the court against the organization that manages the house. It is possible to appeal to the court that is registered at your place of residence, to the city court, and to the district court. Similar documents supplement the statement of claim, and the applicant must also receive a copy certified by a court specialist.
Useful tips
Utility companies rarely respond promptly to an application. Therefore, you should remind about it by phone or by coming to the housing office in person. Monitoring must be carried out at all stages of repairs until leaks are completely eliminated. For these purposes, it is better to team up with several caring and active residents of your home. A collective statement works especially well for the housing office. If the housing office does not respond in any way to your complaints, then you can begin to prepare a statement of claim for a roof leak. About
Claiming damages from omission
Usually, while residents are waiting for a response to an application from the company managing the building, serious troubles can arise due to a leak, property is damaged, and what’s even worse is that the owners of apartments located on the lower floors notice a leak. In this case, all interested parties have the right to demand compensation from the relevant company for losses they incurred as a result of the delay in roof repair.
To do this, an application is sent to the judicial authority at the place of residence, which contains all the details of the problem that has arisen, and also contains factual evidence. The statement indicates specific damage that residents associate with the management organization’s failure to provide quality services.
It is usually very difficult to assess the damage on your own, so the right option would be to call an independent expert who will describe all the nuances of the problem in great detail. They can be included in the application.
Important! The costs of carrying out expert work are paid by the homeowner himself.
If the court confirms, in accordance with the statement, that the damage was caused precisely as a result of a delay or complete lack of action on the part of the organization managing the house, then the latter undertakes to pay compensation to the affected residents upon their request.
Also, since residents pay fees for utility services every month, and repairs were not carried out on time, it is possible to demand a reduction in fees for a certain period. Residents, when transferring their money, should receive high-quality services, which also include periodic inspection of the roof to check for damage. But since this was not done, and the repairs were not carried out immediately, homeowners have the right to get their money back by paying a smaller amount in subsequent months. This should also be mentioned in the written statement.
Legislative norms governing the maintenance and repair of property
Routine repairs and maintenance of the condition of common property is the direct responsibility of the management company. The Housing Code in Articles 156 and 156 directly speaks about this.
Reference! The obligation to carry out repair work is prescribed by the Criminal Code by Government Decree of August 13, 2006 No. 491 and “Standards for the technical operation of housing stock,” approved by Decree No. 170 of September 27, 2003.
The management company’s obligation to carry out routine repairs is also specified in contracts that must be concluded with each owner of residential premises in an apartment building.
