All the nuances of a complaint about the major renovation of an apartment building

Author of the article:

Muzyko Tatyana Andreevna - lawyer.

The legislator obliged owners of premises in apartment buildings to pay monthly contributions for major repairs.
In turn, a specialized Fund or management company, on whose account funds are accumulated, has the right to dispose of them. They are responsible for the integrity of the contractor and the quality of the overhaul work.

Legislation

1. The Civil Code of the Russian Federation regulates relations in the field of property, non-property and intellectual rights, contractual obligations.
2. The Housing Code of the Russian Federation lists the criteria for the quality of service provision in housing and communal services.
3. Federal Law No. 271-FZ dated December 25, 2012 “On Amendments to the Housing Code of the Russian Federation” contains rules for the production and payment of major repairs in residential apartment buildings.
4. Federal Law “OZPP” dated 02/07/1993 No. 2300-1 establishes the rules of interaction between sellers (suppliers) and buyers, defines the concept of quality of services and products and prescribes a mechanism for protecting consumer rights.
5. Federal Law “On the Procedure for Considering Appeals from Citizens of the Russian Federation” dated May 2, 2006 No. 59-FZ is applied in the event of complaints received regarding the work of state, municipal or private enterprises.

How to write a complaint to a major repair customer

The appeal does not have a strict written form. It indicates all the shortcomings and shortcomings of the work performed. At the end, the requirement to eliminate the listed defects and the period during which this must be done is reflected. Attached are photographs of defects, examination reports, testimony from owners of other apartments, etc. In a collective appeal, the details of all complainants are indicated, and in the name it is written that this is a collective claim.

The rules for the maintenance of multi-apartment properties (clause 40 of Government Decree No. 491 of 2006) establish that the management company must, within five days, provide apartment owners with information about the quality and volume of work performed inside and outside the property.

Where can I complain about the fund if the repairs have not been completed or are bad?

The work is carried out by contracting companies on behalf of a specialized Fund, in the account of which funds contributed by the owners are accumulated. Major repairs are paid exclusively by residents, so they have the right to evaluate and demand high-quality work from the contractor.

If there is clearly misappropriation of funds or a negligent attitude of contractors towards their obligations, this must be dealt with. State authorities have sufficient powers to hold accountable and force the Foundation and repair contractors to act in accordance with the stated regulations.

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The first step is to write directly to the Foundation. After 30 days, applicants will receive a response. If they are not satisfied with it, you can move on.

Housing inspection

The state authority where you can apply to protect the rights and interests of the consumer of utility services is the Housing Inspectorate. Its branches are in cities and regional centers. This is where you should complain about poorly performed or unfinished major repairs. Based on the results of the inspection of the activities of the Fund and contractors, the inspector has the right to impose an administrative penalty in the form of a fine.

Complaints, statements, and appeals to government agencies are drawn up according to general rules:

1. Indicate the name of the authority - the addressee.
2. Next, the initiator indicates his data and address.

ADVICE! Anonymous complaints will not be accepted for consideration.

1. Below in the center of the page is the name of the document - Complaint.
2. Then you need to describe the problem in detail:

• indicate who is the customer for the home renovation work and with whom the contract was concluded;
• state what work is included in the contract, what of the entire scope remained unfulfilled or was done poorly;
• list what steps the owners took to confirm the low level of services, for example, they ordered an examination.

1. Inform of your intention to seek protection of rights from higher authorities if the issue is not resolved at this level.
2. At the end there is the date of drawing up the document and the signature of the initiator.
3. Attachments to the complaint - a copy of the contract, a certificate of ownership, paid receipts for major repairs confirming the absence of debt, an extract from the Fund on the formation of the amount for repairs, correspondence with the Fund and other authorities.

IMPORTANT! The complaint must be written in legally competent language. Emotional assessments and insults are excluded. If the conditions are not met, the authorities have the right to leave the document without movement.

Rospotrebnadzor

This is a government body that is vested with extensive powers to combat unscrupulous performers of contractual obligations in any area of ​​service provision.
They are especially concerned with the issue of housing and communal services. It involves not only deception of customers by performers, but also maintenance of a residential building in inadequate sanitary conditions. Lack of major repairs can lead to the proliferation of rodents, the formation of fungus, mold, structural destruction, and environmental pollution, which makes living in the building dangerous.

This combination of two core issues for Rospotrebnadzor in one is the reason to go there to identify those responsible for poor overhauls and punish them.

You can complain to this body if deficiencies are identified within 5 years after the overhaul, that is, about hidden deficiencies.

Based on the results of the unscheduled inspection, an order to eliminate violations will be issued and an administrative fine will be imposed. In the event of an unlawfully increased fee for services, the penalty will be half of the overcharged amount.

If government authorities do not act, the owners can only contact the prosecutor's office.

Prosecutor's office

This is a supervisory body where you can complain about violations of laws, including housing. It makes no sense to contact the prosecutor's office without going through all the previous authorities, otherwise the complaint will be sent down for consideration by the relevant departments.

If the prosecutor finds grounds, an inspection of the activities of the Fund and the company performing the work will be organized, and an assessment will be made of the negligent actions of officials.

The result of the prosecutor's inspection is an order to eliminate violations and, if there are grounds, a fine.

How to file a complaint with the Housing Inspectorate (GZHI)

The authority exercises control over the management of multi-apartment facilities, including major repairs. Applications are sent to the State Housing Inspectorate if the management company or operators ignore citizens’ requests.

The content of the appeal is identical to the complaints that are written to customers of work. It also indicates shortcomings and emphasizes that the appeal to the Criminal Code was ignored or the requirements were not fully met.

Attached to the application:

• evidence of identified deficiencies;
• copies of submitted claims;
• copies of responses to applications.

You can complain to the housing inspectorate not only about low-quality repairs, but also about their complete absence.

Regional departments operate in all regions of the Russian Federation. For example, residents of the capital can contact the address: 129090, Moscow, Mira Avenue, 19. Tel. The specified address is used to send written claims. Complaints are also submitted through the website: www.mos.ru/mgi. The review period is 30 days.

Sample claim to the Fund

A claim to the Fund is made according to standard rules:

1. The name of the addressee is indicated in the header - Capital Repair Fund.
2. Next, the initiator indicates his personal data and address.
3. Below is the title of the document – ​​Claim.
4. Then follows the essence of the owners' grievances. It is necessary to describe in detail what repair work, in their opinion, remained unfinished or undone.
5. Warn about your intention to seek protection of rights from higher authorities if the issue is not resolved at this level.
6. At the end there is the date of drawing up the document and the signature of the initiator.
7. Attachments to the complaint are a copy of the certificate of ownership, paid receipts for major repairs, acts of non-compliance and improper work completed by residents.

A form or sample complaint can be found on the official website of the government agency.

The Foundation is the customer, and its functions include quality control of the work performed. If the work was completed with defects and no one took proper measures to eliminate the shortcomings, then the Foundation failed to cope with its direct responsibilities. In addition to the listed deficiencies, the complaint should indicate the date of their elimination.

A response to a utility complaint must be given within 10 days.

How to submit an appeal

You can make a complaint either in writing on an A4 sheet or electronically. Such appeals are not subject to unification and are therefore written in free form. However, it is recommended to follow the rules of business correspondence. This will help you create clear and compelling copy that is more likely to be noticed.

First, the header of the document is drawn up; it is located in the upper right corner of the page.

Here you need to indicate:

• name of the organization to which the claim is sent;
• contact details: address and postal code of the company;
• official (recipient of the complaint);
• Sender's full name;
• address and contact details of the sender for feedback.

In the middle of the page you must indicate “Complaint” or “Application”. Next, you will need to state the reason for the application and the applicant’s requirements. At the end of the document, the date and signature with a transcript are indicated.

Text structure

Typically, the text is divided into two interconnected parts: introductory and main. The introductory part contains the reasons for filing the claim. This includes facts and circumstances, references to legislative acts.

The main part contains requirements to eliminate the violation of the applicant’s rights and support his legitimate interests. The owner can offer his own way to solve the problem here and make a request for assistance. You can start the main part with the word “Please.”

A balance should be found between a laconic description of the request and the maximum amount of valuable details and facts. When writing an application, you must refer to the terms of the contract, as well as the laws presented above.

It is better to divide the text of the letter into paragraphs. It is best if there is one complete thought in each paragraph. This is especially convenient for long requests, since structured text is much easier to understand.

Proof

Attaching additional documents, as well as paper or digital media, will help organize the evidence base. These can be photographs of imperfections taken with a camera, as well as:

• conclusion of a third-party examination;
• recordings of conversations with management company employees;
• receipts for payment of contributions to the capital repair fund;
• written testimony from residents;
• receipt for payment of the contractor's work.

The need to prepare evidence is explained by the fact that the management company or capital repair fund may not respond to the complaint. In this case, applications are used to appeal to other authorities and will be especially needed in court.

It is more convenient to operate with evidence if the application is generated electronically. E-mail and e-receptions of various organizations support the application of digital files.

Collective complaint

You can enlist the support of other residents and make a collective complaint. It is written in the same way as an individual address, with the exception of some points.

The full names of other applicants should be indicated in the header, as well as their signatures with a transcript and apartment numbers at the end of the letter. If too many owners join the appeal, you can write in the header: “Claim from the owners of apartments in the building at the address.”

It is also indicated in the middle of the page that the claim is collective. The more apartment owners are involved in the application, the more likely it is that officials will respond to the letter.

Collective complaint

A collective complaint looks more significant in the eyes of the Foundation. The more owners involved in the claim, the more serious the attention it will receive. If the contractors are doing a poor job of renovating the house, you should organize a meeting of the owners and file a complaint.

The rules for drawing up a collective document are similar to an individual one. The difference is that the header lists all the initiators, their full names and addresses. At the end, all owners, dissatisfied with the quality of the overhaul, put their signatures and transcripts.

How to write a complaint to Rospotrebnadzor

A complaint should be filed with Rospotrebnadzor if none of the previously submitted appeals led to a resolution of the issue on the merits. The document reflects the essence of the problem, the result of consideration of the claim by the management company, the operator or the State Housing Property Inspectorate.

You can also complain if the shortcomings of the overhaul were not identified immediately, but after a certain time. The minimum period for maintaining the facility in proper condition after major repairs is 5 years (Article 182 of the Housing Code of the Russian Federation).

Methods of contact:

1. By phone.
2. Personal reception by specialists of territorial departments and departments. Address for residents of the capital: 129626, Moscow, lane. Grafsky, 4, bldg. 2, 3, 4.
3. By mail. Address of the Main Directorate of Rospotrebnadzor: 127994, Moscow, per. Vadkovsky d. 18, pp. 5 and 7.
4. Through the website: www.rospotrebnadzor.ru using the “Acceptance of requests” function.

results

Having submitted a claim to the Fund, the owners will receive a response within the prescribed period.

What to do if you receive an unsubscribe or refusal

If the response received from the prosecutor's office contains an outright repudiation or refusal to satisfy the requirements, the owners have the right to contact the Prosecutor General's Office. Its employees will evaluate the actions or inactions of officials and will forward the complaint for further consideration if they find grounds.

The last authority that can help resolve the issue of poor-quality overhaul is the court. You need to file a claim there, indicating not only the shortcomings of the repair work, but also the unlawful actions of the authorized bodies.

How can they influence

Upon complaint, employees of the Housing Inspectorate or Rospotrebnadzor will organize an unscheduled inspection of the Fund and the contractor, during which they will comprehensively evaluate their activities.

Legal documents, licenses, certificates, and the procedure for calculating fees for services are analyzed. The repair objects are inspected, the sanitary condition of the common area is assessed, and the compliance of the declared works with their actual implementation is assessed.

Based on the results, an order will be issued to eliminate violations and an administrative fine will be imposed. In the event of an incorrectly calculated service fee, the penalty will be half of the overcharged amount.

Residents' rights during work

Owners of premises in an apartment building have the right at any time to decide at a general meeting on the need to carry out major repairs.
At the same time, it reflects the following information:

• types of jobs;
• costings;
• timing;
• who pays;
• a person from among the owners authorized to sign the acceptance certificate.

If such a decision has not been made, then the proposal to the owners is sent either by the management company (housing cooperative) no later than six months before the year of the proposed work. According to it, the owners must accept the relevant document within three months. If the deadline has passed and there is no result, the decision is made by the local government body.

What to do first

The first stage is to go to the HOA management company, housing department or other institution that holds the building.
The application can be given either verbally - in a telephone conversation or in a personal conversation, or in writing. The first is faster, but usually less effective. To submit an application, go to your own housing department, homeowners' association, management company.

Recommendation! When you did just that, be sure to indicate the timing of the call and all the information about the dispatcher who answered the phone.

The second method will be much more expensive in terms of timing, but much more effective. Typically, the application template for major repairs is written arbitrarily; only the header and date with the applicant’s signature at the bottom are unstable. It should be noted that most directors of the institution have their own application forms.

How can you correctly create an application for major repairs?

Introductory information

Like any other paper, this complaint must begin with information from the sender and recipient. At the top right of the sheet, write in the “To” field: the surname, initials of the head of the communal service, its name and legal location. Then - “From” - your full name, physical location.

It’s also good to write down some telephone number (mobile or landline) - utility workers may need to quickly contact the applicant.

Leaving some empty space, write the name of the document in the center: “Complaint.” In this situation, this is what is used, since you are filing a complaint about major repairs, and not an application or claim.

And after everything we put down the date and signature, decipher it in brackets, write the surname and initials.

The essence of the issue

Then indicate why you are contacting. First, write that you are the owner of a property in which the repairs were carried out very poorly and on the basis of what title paper you are coming to them. A photocopy of it can be added to the complaint.

Then write down when everything started - quantity, time and location. Describe the entire situation in as much detail as possible.

Then characterize the material losses incurred: what property was damaged, and what type of repairs to the premises (or the apartment as a whole) will be needed.

The company must have examples of papers that are needed in order to begin repairs, including: a defect report and a template for an estimate for adjusting the roof. Get to know them.

Recommendation! Legal experts often advise recording all locations of depressurization and the damage they caused. Photographs may be needed when a separate examination is carried out and legal action is taken. In addition, it is possible to add them to the application.

How to write a statement refusing to pay for major repairs

If apartment owners do not want the management company or operator to issue them invoices for payment of repair fees, they can submit an application for refusal to make payments. The document will be valid if the reason for refusal corresponds to paragraph 2 of Art. 169 Housing Code of the Russian Federation.

The application is drawn up in a standard form, but displays the name of the management company, locality, address of the location of the facility, full name and position of the manager, as well as personal data of the applicants. The appeal is signed by all interested parties, the current date is set, after which the paper is sent to the office of the management company or regional operator.

If these structures do not cooperate if there are legal grounds for refusing to pay contributions, apartment owners can file a complaint with the capital repair fund, the local administration, the prosecutor's office or the court.

How to file a claim with the Court

To receive financial compensation for improper repairs or due to the lack of an adequate response from authorized structures, residents can file claims with the court at the location of the facility, against management companies, regional operators and contractors. In addition to filing a claim, applicants will be required to collect evidence indicating improper repairs, misuse of funds, theft, etc. Given the complexity of legal proceedings, victims are advised to use the services of lawyers.

The judicial authorities will conduct an inspection and, based on the results, may fully or partially satisfy the demands set forth in the claim or refuse to satisfy them. If the decision of the district court does not satisfy the applicants, they have the right to appeal it on appeal.