If residents of the upper floors observe leaks in their home, then care must be taken to convey this fact to the management company. She is the one who should be responsible for repairing the leaky roof; you should not try to do it yourself.
An apartment can suffer greatly from a leak, not to mention the threat of a short circuit. Even if the ceiling does not drip, but just gets wet, this is already a reason to contact the housing and communal services. This article will tell you how to correctly write an application for roof repair.
Causes of leakage and its consequences
An apartment on the top floor is a priori at risk, since even with a slight violation of the roof's tightness, a leak may occur, which will first appear on the ceiling of the home. If the leak is small, then only wet spots begin to appear, but every day they can become larger, and as a result the situation can become emergency.
The management company must react immediately to such a situation and take appropriate measures. Delay in this matter is fraught with certain consequences:
- If stains appear only in wet weather, then over time they will turn the repair into an obscene appearance, as a result of which measures to update it will be required.
- With the appearance of stains, the humidity in the apartment will rise to a maximum level, which can lead to the appearance of fungus on the walls and ceiling, and in extreme cases, even on the furniture.
Important! There is no point in carrying out finishing work until the cause of the leak has been eliminated, that is, the roof's tightness has not been restored.
Types of memos
The following types of memos can be distinguished.
Report. In it, the author (employee, manager) notifies the recipients (management, other employees) about any internal situation in the company. For example, about recalling an employee from vacation due to production needs, about self-isolation after returning from a disadvantaged region, about transferring to remote work, etc.
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Explanatory. This “service” contains information about any internal processes in the organization. For example, the introduction of a new electronic system for handling complaints. Or about the transfer of internal corporate communications into electronic form - help desk, forums, etc.
Explanatory. Such a note reveals the causes of a particular problem, event or violation. For example, the reasons for mistakes made, the release of defective products, equipment or software failure.
Analytical . It serves to send a message about the current situation or information collected on a particular problem. In particular, such a note may set out conclusions based on the results of internal audits. Or the results of using new materials and methods, using programs during the test period, etc.
Material. Such “services” are needed to request certain resources. For example, purchase office supplies, computers, personal protective equipment; repair or replace equipment, etc.
In practice, a mixture of the listed types often occurs. That is, one document can contain elements of several types of “services” at once. For example, an explanatory note can also be analytical if it includes not only objective information on a particular issue, but also a list of measures to eliminate identified deficiencies.
Actions of the responsible person
The written application is considered within 14 days, after which a commission is sent to the apartment to assess the nature of the damage and the damage caused.
Advice! In order for the owner to have evidence on hand, at the time of the commission’s visit, it is necessary to call the neighbors and take several photos, which the commission members must endorse.
After assessing and analyzing the damage, the technician calculates the necessary repair work and draws up a cost estimate.
If no action has been taken from the management company after 14 days, then you need to contact higher organizations, for example, the head of housing and communal services of a district or city. The application is written to him in the same form as to the management company. For this purpose, an application is also written addressed to the head of the relevant department. The complaint must be submitted, as in the previous case, in two copies. It is necessary to attach documents such as the applicant’s passport, a certificate of ownership of the apartment or an agreement according to which the apartment is considered rented. The administrative apparatus will consider this application within 30 days and send a written response to the applicant.
If in this case, the apartment residents cannot wait for the results, then the only and most reliable way out will be to go to court against the management company. You can go to court, either at your place of residence, or in a district or regional court. The same documents are attached to the statement of claim; in the same way, you need to receive your copy in hand with a signature and date from the authority.
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.
Compensation for damage in case of leakage
Situations also arise when an application has been submitted to the management company, but no action has yet been taken, and the residents of the apartments below are already complaining about a leak. In this case, residents have the right to demand compensation from the management company for the property that was damaged as a result of its inaction.
To do this, you need to submit an application to the court at your place of residence, indicating the details of the problem and citing facts about the damage. It would also be a good idea to indicate in the application what damage was caused to the property by the management company.
It is very difficult to independently prove the fact of damage caused by a leak, so it is better to conduct an independent examination. But it is worth remembering that the costs of carrying it out will fall on the shoulders of the owner. If the court confirms the fact of damage as a result of the management company’s inaction, then it will have to pay the applicant the requested amount of monetary compensation.
Also, since the company charges rent every month, and the repairs were not carried out on time, residents have the right to demand that the management company recalculate the rent for a certain period of time. For the money that the residents transfer every month, a scheduled inspection of the roof should be carried out, but since such a misunderstanding occurred, as a result of which someone else’s property was damaged, the management company did not fulfill its obligations to the residents.
Legislative regulations
What laws regulate the procedure for repairs by the management company?
Maintaining the normal condition of the roof and regular repairs is the direct responsibility of the management company .
This is stated in the Housing Code of the Russian Federation in 156 articles.
This is also confirmed in Government Decree No. 491, which was issued on August 13, 2006. Another regulator of the responsibilities of management companies is the Standards for the Technical Operation of Housing Stock.
In fact, during proceedings it is not at all necessary to point out these legislative acts to the organization’s employees. All responsibilities for roof repairs are clearly stated in the agreements concluded between the owners of the apartment building and the management company.
Watch a video about the targeted program for the overhaul of roofs of apartment buildings:
Roof repair program for apartment buildings
Differences between a memo, report and explanatory note
The legislation does not distinguish between official, memorandum and explanatory notes. For example, in section 2 of the Instructions for office work in the Central Election Commission (approved by Resolution of the Central Election Commission of Russia dated January 20, 2016 No. 321/1831-6) there is the following definition: “a report (official) memo is an internal document addressed to a superior official from a subordinate official and containing a detailed statement of any issue with the conclusions and proposals of the compiler.”
Therefore, the differences between these types of “services” lie solely in their content. Depending on what information is included in the document - explanatory, explanatory, reference (report) or analytical - it can be called, respectively, an explanatory note, an explanatory note, a memorandum. At the same time, each of the named types of document can be called simply “internal memo”.
Reasons for contacting
How to submit an application to the HOA about household problems and payment for services?
Unfortunately, reasons to contact the board of a partnership:
- poor quality of services;
- the amounts in the receipt for utility bills are inflated;
- the roof is leaking;
- the apartment was flooded by the neighbors from above, the consequences are not being eliminated;
- someone has started redevelopment and is tearing down the wall;
- the neighbor's apartment is not used for its intended purpose;
- the person was absent for a whole month, but the amount due was the same, etc.
As it turned out, in order to achieve results, you need to write an application knowing some secrets .
You can learn about the responsibilities of the HOA manager, as well as what membership fees are for, from our articles.
Retention period for memos
The storage time for “services” varies depending on the type of document. All deadlines are listed in the List approved by order of the Federal Archive of December 20, 2019 No. 236. For ease of use, we have summarized them in a table.
| Note type | Shelf life | List article number |
| Reports on the development of draft rules, instructions, regulations, standards, procedures, regulations, classifiers, recommendations, codes | Until the need passes | 9 |
| Reports and memos on the implementation of instructions from the organization’s management | 5 years | 17 |
| Reports to minutes, resolutions, decisions, transcripts of deliberative (collegial), executive bodies of the organization, control, audit bodies of the organization, meetings with the head of the organization, meetings of the organization's labor collectives, general meetings of securities owners, participants, shareholders | Constantly | 18 |
| Reports to minutes, resolutions, decisions, transcripts of meetings of structural divisions of the organization | 5 years | |
| Reports and memos to draft orders and directives | 1 year | 20 |
| Reports on the development of draft charters and regulations | Until the need passes | 35 |
| Reports and memos of structural divisions on the main (core) activities | 5 years | 47 |
| Reports and memos on the preparation and holding of meetings of the organization’s collegial bodies and general meetings. conventions, congresses, plenums, conferences, round tables, meetings, receptions, meetings | 3 years | 48 |
| Reports on the status of work on considering citizens' appeals | 5 years | 153 |
| Reports and memos on the organization and results of control over the execution of documents | 1 year after removal from control | 159 |
| Reports and memos on the use, maintenance and improvement of information systems and software | 5 years | 186 |
| Reports on compliance with financial discipline | 5 years | 255 |
| Reports on the formation of organization funds and their expenditure | 5 years | 256 |
| Reports on inspections of financial and economic activities | 5 years | 282 |
| Reports on primary statistical data | 3 years | 336 |
| Reports and memos on violations of internal labor regulations and official regulations | 1 year | 382 |
| Reports and memos on compliance with labor discipline | 3 years | 383 |
| Reports on the resolution of labor disputes, including collective ones, with the participation of a mediator | 1 year after decision is made | 390 |
| Reports on the transfer of employees to a shortened working day or a shortened working week | 5 years | 392 |
| Reports on the development of production standards and prices | 1 year after approval of the developed standards | 398 |
| Reports on the provision of workers and employees with personal protective equipment, flushing and disinfectants, milk and other equivalent food products, therapeutic and preventive nutrition | 3 years, and in the absence of other documents on harmful and dangerous working conditions - 50/75 years (depending on the date the note was created) | 427 |
| Reports to orders, instructions for personnel on admission, transfer, relocation, rotation, combination, part-time work, dismissal, remuneration, certification, advanced training, changes in biographical data, parental leave, leave without pay | 50 years (for documents created after January 1, 2003) or 75 years (for documents created earlier) | 434 |
| Reports to orders, instructions for personnel on annual paid leave, leave in connection with training, duty not related to the main (core) activity; about official checks; on sending employees on a business trip | 5 years | |
| Reports on disciplinary sanctions | 3 years | |
| Memos related to the application of disciplinary sanctions | 3 years | 454 |
| Reports, official, explanatory notes of the commission on compliance with the requirements for official conduct of state and municipal employees, resolution of conflicts of interest | 5 years | 469 |
| Reports on advanced training, professional retraining of workers, on independent assessment of qualifications | 5 years | 491 |
| Reports and memos on the condition and implementation of repair and adjustment work of technical equipment | 5 years | 520 |
| Reports and memos on the protection of cultural heritage sites and environmental zones | 5 years | 535 |
| Reports on the development of communications and their operation | 5 years | 564 |
| Reports and memos on the investigation of emergency incidents during the security of buildings and transportation of valuables | 5 years | 587 |
| Reports and memos on the issuance and loss of certificates, passes, identification cards | 1 year | 588 |
| Reports, memos on ensuring fire safety, intra-facility, access control regimes of the organization | 5 years | 611 |
Fill out and submit the SZV-TD online for free
The direct storage location of “service records” within the organization is not regulated by law. Therefore, they can be located in different departments of the organization, depending on the type and content of the document, as well as on the document flow procedure adopted in the company.
Where to file a complaint against the Criminal Code about inaction
Often careless service companies do not respond to citizens' requests. In this case, you need to contact the regulatory authorities who will correct the situation. Such departments include Zhilkontora, Rospotrebnadzor and the prosecutor's office.
Supervisory authorities
It is possible to send an appeal to regulatory authorities remotely. Each department has an official resource. After submitting a letter of claim, a commission is convened and a thorough inspection of the management company or housing and communal services is organized.
After analyzing the activities of the management company of the general condition of the house, a decision is made to force public utilities to carry out major repairs.
Claims for compensation for damage from omission
The issue is regulated by Ch. 2.1 of Law of the Russian Federation No. 210 (as amended in 2020), which states that a citizen has the right to demand the return of funds spent on repair work.
Experts recommend drawing up statements strictly according to the form and collecting evidence. There is no point in filing a claim without reason. Lawyers do not advise repairing the roof yourself. First you need to write an appeal to the Criminal Code and a complaint to the regulatory authorities. This is due to the fact that if the owners do the repairs themselves, then compensation for damage will have to be sought through the courts.
Watch the video: “The apartment was flooded from the roof, what to do. How to recover damages from housing and communal services for a leak and get the ceiling repaired.”
What else to read:
- Where to complain and what to do if the hot water in the apartment is low or there is no hot water - a list of authorities, samples of complaints about the absence or non-compliance with the DHW standard
- Where can you complain or call with a complaint about heating in an apartment in Moscow - responsible authorities, grounds for a complaint, recalculation, sample documents
- The procedure for canceling a court order to collect housing and communal services debt in 2021 - how to correctly cancel and write an objection, grounds for challenging the debt, sample applications
- How to file a complaint against housing and communal services and management - step-by-step instructions
Rules for drawing up official memos
There are no unified rules. Therefore, you can compose notes in any form. At the same time, if one or another type of “service” is used in office work quite often, the employer has the right to prescribe requirements for its execution in a local regulatory act.
Draw up local acts using ready-made templates and prepare all personnel reports.
Important
When drawing up “service records”, it is advisable to focus on the general rules of office work established in GOST R 7.0.97-2016 (hereinafter referred to as GOST; approved by order of Rosstandart dated 08.12.16 No. 2004-st ). In particular, you should adhere to the general requirements for creating a document (section 3 of GOST), as well as the rules for preparing details (sections 4 and 5 of GOST).
As for the contents of the note, its text usually consists of two parts. First, the facts that served as the reason for drawing up the document are stated. And then conclusions are drawn, proposals are made, or permission is requested to perform certain actions.
Sample with longitudinal blank
| Limited Liability Company "Ppt.ru" TIN 1234567890/KPP 121001001 OGRN 2323454567001 ADDRESS 456789, Russia, Subject of the Russian Federation, ave. Wonderful, no. 1 Ref. No. 987 from 12/12/2020 To the Director of LLC "Society" Ivanov I.I. 123456, Russia, Subject of the Russian Federation, st. Bulochnaya, 5 Dear Ivan Ivanovich! In response to your proposal dated November 20, 2020, ref. No. 11, on the conclusion of an agreement for the provision of legal services, we hereby express our readiness to cooperate with OOO Obshchestvo. We kindly ask you to send us the draft agreement and certified copies of the constituent documents of OOO Obshchestvo. General Director Petrov Petrov Porfiry Petrovich Spanish Fedorov F.F. 8 (123) 456789 |
