The procedure for changing the method of managing an apartment building and selecting a management organization

Apartment building management

The Constitution of the Russian Federation enshrines the right of every citizen to own property, own, use and dispose of it, both individually and jointly with other persons. This constitutional provision is reflected in housing legislation: the owners of residential and non-residential premises in an apartment building, at their own discretion and in their own interests, manage the apartment building with minimal interference from authorities. In Russia, there is a gradual formation of the owner, his understanding of his role in the effective management of real estate, increasing its value and market attractiveness. In this article we will try to formulate the concept of “management of an apartment building”, define conditional criteria for choosing a method of managing an apartment building and designate contractual relations for each management method.

What is apartment building management?

The newly adopted Housing Code of the Russian Federation does not define the concept of “management of an apartment building,” although an entire section is devoted to this area of ​​activity. In order to define a phenomenon, it is necessary to identify its characteristics.

Signs of managing an apartment building:

• Activity. Management is always an activity, a process extended over time. The time frame for managing a specific apartment building depends on the life cycle of the building - from the moment of its construction until the moment of demolition.
• An object. The vector of any control is directed to some object.

According to the object of management, forms of management of an apartment building are distinguished:

• Housing management is the activity of managing all premises (apartments, rooms) owned by one person;
• management of common property in the house is carried out by the owners of the premises in the house or by a person attracted by the owners.

Thus, in general, the object of management is an apartment building. The question is what is considered an apartment building. How many rooms and owners of these rooms must there be in a house for the house to be considered multi-apartment? This issue is not regulated by the Housing Code. However, based on established practice, a house with two or more premises can be considered an apartment building if there is at least one owner of these premises.

• Subject. A subject of management is a person, a group of persons, a specially created body or society as a whole who influence the managed object in order to ensure its functioning and movement towards a given goal.

Subject of management:

• carries out management and organizational work;
• makes decisions;
• ensures achievement of set goals.

When managing an apartment building, the subject of management is the owners of the premises in the apartment building (primary subject) or the persons involved by them to manage the house (indirect subject). In some cases, the subject of management of an apartment building may be local government bodies (if the owners themselves do not choose the method of managing the house, local government bodies choose a management company for them, clause 4 of Article 161 of the Housing Code of the Russian Federation).

• Focus. Any management activity has certain goals and objectives. Thus, the management of an apartment building is carried out in order to ensure: favorable and safe living conditions for citizens, proper maintenance of common property in an apartment building, resolving issues of use of common property, as well as providing utilities to citizens living in such a building.
• Coherence and unity. Management of an apartment building, the residential and non-residential premises of which belong to different owners, can only be carried out on the basis of uniform conditions agreed upon by them. Owners can develop these conditions themselves or delegate their rights to formulate them to a person authorized by them, who will represent the interests of all owners when choosing and concluding agreements with management companies.

Thus, the management of an apartment building is a coordinated activity of the owners of premises in an apartment building or persons involved by them, aimed at ensuring favorable and safe living conditions for citizens, proper maintenance of common property in an apartment building, resolving issues of use of common property, as well as providing utility services. services to citizens living in such a house.

How to choose a home control method?

The Housing Code of the Russian Federation imposes on the owners of premises the obligation to choose a method of managing the house within a year before the date of the competition for the selection of a management organization by local government bodies. It is likely that the date of such competitions should be known in advance, that is, at least not less than one year in advance.

The RF Housing Code offers three ways to manage an apartment building:

• direct management of premises owners in an apartment building;
• management of a homeowners' association or housing cooperative or other specialized consumer cooperative;
• management of the management organization.

The choice of management method depends on how many apartments there are in the building, how solvent and disciplined the residents are, what management organizations are on the housing and communal services market, what kind of relationships have developed with resource supply organizations, whether communal and apartment-level metering devices have been installed, etc.

Criteria (conditional) for choosing a method of managing a house:

Documents Statistics on documents and execution of orders

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

dated May 15, 2013 No. 416

MOSCOW

On the procedure for carrying out activities for managing apartment buildings

(As amended by Decrees of the Government of the Russian Federation dated March 26, 2014 No. 230; dated December 25, 2015 No. 1434; dated March 27, 2018 No. 331; dated September 13, 2018 No. 1090)

In accordance with Part 1 of Article 161 of the Housing Code of the Russian Federation, the Government of the Russian Federation decides:
1. Approve the attached Rules for the implementation of activities for the management of apartment buildings.

2. The Ministry of Construction and Housing and Communal Services of the Russian Federation must provide explanations on the procedure for applying the Rules approved by this resolution. (As amended by Decree of the Government of the Russian Federation dated March 26, 2014 No. 230)

Chairman of the Government of the Russian Federation D. Medvedev

APPROVED by Decree of the Government of the Russian Federation dated May 15, 2013 No. 416

RULES for carrying out activities for managing apartment buildings

(As amended by Decrees of the Government of the Russian Federation dated December 25, 2015 No. 1434; dated March 27, 2018 No. 331; dated September 13, 2018 No. 1090)

I. General provisions

1. These Rules establish standards and procedures for carrying out activities for managing an apartment building:

a) by the owners of premises in an apartment building with the direct management of the apartment building by the owners of premises in this building;

b) homeowners' associations, housing construction cooperatives, housing cooperatives or other specialized consumer cooperatives that manage an apartment building without concluding a management agreement with the management organization (hereinafter referred to as the partnership, cooperative);

c) management organizations that have entered into a management agreement for an apartment building, including in the case provided for by Part 14 of Article 161 of the Housing Code of the Russian Federation;

d) (Repealed - Decree of the Government of the Russian Federation dated December 25, 2015 No. 1434)

e) developers managing an apartment building before concluding a management agreement for an apartment building with a management organization (hereinafter referred to as the developer - management organization).

2. The activity of managing an apartment building (hereinafter referred to as the management of an apartment building) means the implementation of standards aimed at achieving the goals established by Article 161 of the Housing Code of the Russian Federation, as well as those determined by the decision of the owners of premises in an apartment building.

3. Management is carried out in relation to each individual apartment building as an independent object of management, taking into account the composition, design features, degree of physical wear and technical condition of the common property, depending on the geodetic and climatic conditions of the location of the apartment building, as well as based on the minimum list of services and work necessary to ensure proper maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of April 3, 2013 No. 290 (hereinafter referred to as the minimum list).

II. Apartment building management standards

4. Management of an apartment building is ensured by compliance with the following standards:

a) reception, storage and transfer of technical documentation for an apartment building and other documents related to the management of such a house, provided for by the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, keys to the premises included in the composition of the common property of the owners of premises in an apartment building, electronic access codes to equipment included in the common property in an apartment building, and other technical means and equipment necessary for the operation and management of an apartment building (hereinafter referred to as the technical documentation for the apartment building and other related with the management of such an apartment building, documents, technical means and equipment) in the manner established by these Rules, as well as their updating and restoration (if necessary); (As amended by Decree of the Government of the Russian Federation dated September 13, 2018 No. 1090)

b) maintaining a register of owners of premises in an apartment building in accordance with Part 31 of Article 45 of the Housing Code of the Russian Federation, collecting, updating and storing information about the tenants of premises in an apartment building, as well as about persons using the common property of the owners of premises in an apartment building on the basis of contracts (by decision of the general meeting of owners of premises in an apartment building), including maintaining current lists in electronic form, taking into account the requirements of the legislation of the Russian Federation on the protection of personal data; (As amended by Decree of the Government of the Russian Federation dated September 13, 2018 No. 1090)

c) preparation of proposals on the maintenance and repair of common property of owners of premises in an apartment building for their consideration by the general meeting of owners of premises in an apartment building, including:

development, taking into account the minimum list, of a list of services and works for the maintenance and repair of common property in an apartment building (hereinafter referred to as the list of services and works), and in the case of management of an apartment building by a partnership or cooperative - the formation of an annual plan for the maintenance and repair of common property in an apartment building;

calculation and justification of the financial needs necessary to provide services and perform work included in the list of services and work, indicating the sources of covering such needs (including taking into account the consideration of price offers on the market for services and work, estimates for the performance of certain types of work);

preparation of proposals on the issues of carrying out major repairs (reconstruction) of an apartment building, as well as taking actions aimed at reducing the amount of energy resources used in an apartment building and increasing its energy efficiency;

preparation of proposals for the transfer of common property of the owners of premises in an apartment building for the use of other persons on a reimbursable basis on conditions most favorable to the owners of premises in this building, including using competitive selection mechanisms;

ensuring that the owners of premises in an apartment building are familiarized with draft prepared documents on the maintenance and repair of the common property of the owners of premises in an apartment building and the use of this property, as well as organizing a preliminary discussion of these projects;

d) organization by the owners of premises in an apartment building, the management bodies of the partnership and cooperative, and in cases provided for by the management agreement of the apartment building, the management organization of consideration by the general meeting of owners of premises in the apartment building, the general meeting of members of the partnership or cooperative (hereinafter referred to as the meeting) of issues related with management of an apartment building, including:

notification, including using the state information system for housing and communal services, owners of premises in an apartment building, members of a partnership or cooperative about the holding of a meeting; (As amended by Decree of the Government of the Russian Federation dated March 27, 2018 No. 331)

ensuring that the owners of premises in an apartment building, members of a partnership or cooperative are familiar with the information and (or) materials that will be considered at the meeting;

preparation of document forms required for registration of meeting participants;

preparation of premises for holding a meeting, registration of meeting participants;

documenting decisions made by the meeting;

bringing to the attention of the owners of premises in an apartment building, members of a partnership or cooperative of decisions made at the meeting;

e) organization of the provision of services and performance of work provided for in the list of services and work approved by the decision of the meeting, including:

determining the method of providing services and performing work;

preparation of tasks for performers of services and works;

selection, including on a competitive basis, of providers of services and works for the maintenance and repair of common property in an apartment building on terms that are most beneficial for the owners of premises in the apartment building;

concluding agreements for the provision of services and (or) performance of work for the maintenance and repair of common property of premises owners in an apartment building;

concluding agreements with the owners and users of premises in an apartment building containing the conditions for the provision of utility services;

conclusion of energy supply contracts (purchase and sale, supply of electrical energy (power), heat supply and (or) hot water supply, cold water supply, sanitation, gas supply (including supply of domestic gas in cylinders) with resource supply organizations in order to ensure the provision of premises in an apartment building, utility services of the appropriate type and the acquisition of utility resources consumed during the use and maintenance of common property in an apartment building, as well as contracts for maintenance and repair of intra-building engineering systems (in cases provided for by the legislation of the Russian Federation); (As amended by the Government Resolution Russian Federation dated September 13, 2018 No. 1090)

concluding other agreements aimed at achieving the goals of managing an apartment building, ensuring the safety and comfort of living in this building;

monitoring the provision of services and the performance of work on the maintenance and repair of common property in an apartment building by the performers of these services and work, including documentation of the acceptance of such services and work, as well as the facts of the performance of services and work of inadequate quality;

conducting claims and lawsuits when identifying violations by service and work providers of obligations arising from contracts for the provision of services and (or) performance of work on the maintenance and repair of the common property of the owners of premises in an apartment building;

f) interaction with state authorities and local governments on issues related to the management of an apartment building;

g) organization and implementation of payments for services and work on the maintenance and repair of common property in an apartment building, including services and work on managing an apartment building, and utilities, including:

accrual of mandatory payments and contributions related to the payment of expenses for the maintenance and repair of common property in an apartment building and utilities in accordance with the requirements of the legislation of the Russian Federation;

registration of payment documents and sending them to owners and users of premises in an apartment building;

implementation by management organizations, partnerships and cooperatives of settlements with resource supplying organizations for utility resources supplied under energy supply contracts (purchase and sale, supply of electrical energy (power), heat supply and (or) hot water supply, cold water supply, sewerage, gas supply (including supply of household gas in cylinders) in order to ensure the provision of utility services of the appropriate type to the owners and users of premises in an apartment building and the acquisition of utility resources consumed during the use and maintenance of common property in an apartment building; (As amended by Decree of the Government of the Russian Federation dated September 13, 2018 No. 1090 )

conducting claims and lawsuits against persons who have not fulfilled the obligation to pay for housing and utilities provided for by the housing legislation of the Russian Federation;

h) ensuring that the owners of premises in an apartment building, the governing bodies of the partnership and cooperative control the implementation of the decisions of the meeting, the implementation of lists of services and works, increasing the safety and comfort of living, as well as achieving the goals of the management of the apartment building, including:

providing owners of premises in an apartment building with reports on the fulfillment of obligations to manage the apartment building with the frequency and to the extent established by the decision of the meeting and the management agreement for the apartment building;

disclosure of information about the activities of managing an apartment building in accordance with the standard for disclosure of information by organizations operating in the field of management of apartment buildings, approved by Decree of the Government of the Russian Federation of September 23, 2010 No. 731;

receiving and considering applications, proposals and appeals from owners and users of premises in an apartment building;

ensuring the participation of representatives of the owners of premises in an apartment building in monitoring the quality of services and work, including during their acceptance.

III. Formation and approval of a list of services and works for the maintenance and repair of common property in an apartment building

5. A draft list of services and works is drawn up and presented to the owners of premises in an apartment building for approval, depending on the method of managing the apartment building by a management organization, partnership or cooperative, respectively, and in the case of direct management of an apartment building by the owners of premises in this building - by one of such owners.

6. In order to confirm the need to provide services and perform work provided for by the draft list of services and works, the management organization, partnership or cooperative, at the request of the owners of premises in an apartment building, is obliged to submit an inspection report of the technical condition of the apartment building, as well as other documents containing information about the identified defects (malfunctions, damage), and, if necessary, conclusions of expert organizations.

7. The list of services and works may include services and works that are not included in the minimum list.

8. The list of services and works must contain the volumes, costs, frequency and (or) schedule (terms) for the provision of services and the performance of work on the maintenance and repair of the common property of the owners of premises in an apartment building.

IV. Implementation of emergency dispatch services

9. A management organization, partnership or cooperative is obliged to organize the activities of an emergency dispatch service in an apartment building, including by concluding a contract for the provision of services with an organization carrying out emergency dispatch service activities (hereinafter referred to as the emergency dispatch service). (As amended by Decree of the Government of the Russian Federation dated March 27, 2018 No. 331)

When an apartment building is directly managed by the owners of premises in this building, provisions on the implementation of the activities of the emergency dispatch service are subject to inclusion in contracts concluded with persons performing work on the maintenance and repair of common property in an apartment building, providing cold and hot water supply, sewerage, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating), or an agreement is concluded on the implementation of the activities of the emergency dispatch service with the organization carrying out such activities. (As amended by Decrees of the Government of the Russian Federation dated December 25, 2015 No. 1434; dated March 27, 2018 No. 331)

Paragraph. (Repealed - Decree of the Government of the Russian Federation dated December 25, 2015 No. 1434)

10. The emergency dispatch service carries out daily (current) control over the operation of in-house engineering systems of apartment buildings, quality control of utility resources at the interface between elements of in-house engineering systems and centralized networks of engineering support, round-the-clock registration and monitoring of implementation within the time limits established by paragraph 13 of these Rules, applications from owners and users of premises in apartment buildings on issues related to the provision of utilities, the maintenance of common property in an apartment building, the provision of services and the performance of work on the maintenance and repair of common property in an apartment building, as well as the elimination of faults and damage to internal engineering systems and the fulfillment of other obligations of the management organization provided for in the management agreement for an apartment building, other obligations of a partnership or cooperative for the management of an apartment building, and takes prompt measures to ensure the safety of citizens in the event of emergency situations or the threat of their occurrence. (From March 1, 2021, as amended by Decree of the Government of the Russian Federation dated March 27, 2018 No. 331)

11. The emergency dispatch service, using the dispatch system, provides:

control of gas contamination of technical underground areas and collectors;

loudspeaker (two-way) communication with elevator passengers. (As amended by Decree of the Government of the Russian Federation dated March 27, 2018 No. 331)

12. The emergency dispatch service operates around the clock. Information obtained as a result of continuous monitoring of the operation of engineering equipment is reflected by the emergency dispatch service in the appropriate logs, which are also maintained in the form of electronic documents. (As amended by Decree of the Government of the Russian Federation dated March 27, 2018 No. 331)

13. The emergency dispatch service provides:

answering a telephone call from the owner or user of a premises in an apartment building to the emergency dispatch service within no more than 5 minutes, and in case of failure to provide a response within the specified period, interacting with the owner or user of the premises in an apartment building who called the emergency dispatch service via telephone communication within 10 minutes after receiving his telephone call to the emergency dispatch service or providing the technological opportunity to leave a voice message and (or) electronic message, which must be considered by the emergency dispatch service within 10 minutes after receipt;

localization of emergency damage to in-house engineering systems of cold and hot water supply, drainage and in-house heating and power supply systems no more than half an hour from the moment of registration of the application;

elimination of blockages in the in-house sewerage system within two hours from the moment of registration of the application;

elimination of blockages in garbage chutes inside apartment buildings within 2 hours from the moment of registration of the application, but no earlier than 8 hours and no later than 23 hours when applications are accepted around the clock;

supply of utilities in case of emergency damage to in-house engineering systems of cold and hot water supply, sewerage and in-house heating and power supply systems within a time frame that does not violate the duration of interruptions in the provision of utility services established by the housing legislation of the Russian Federation;

elimination of emergency damage to in-house engineering systems of cold and hot water supply, sewerage and in-house heating and power supply systems within no more than 3 days from the date of emergency damage.

In this case, the owner or user of the premises in an apartment building must be informed about the

Procedure for completing the protocol

The decision of the general meeting of owners, especially on an agenda requiring confirmation of legal force, must be properly documented in minutes. It is carried out in full-time and correspondence form. It is important to know what is included in the list of required protocol parameters. The following items are required:

• number, date, number of people gathered, exact address of the object
• agenda with a list of issues
• decision on each item on the agenda with the indicated number of votes “for” and “against”
• signatures of authorized persons (chairman, secretary)
• Additionally, the approved decision is written down

Sample minutes of the general meeting

It is important for homeowners of any apartment building to have an understanding of management functions and the procedure for their implementation. Everyone has a choice to make. It is necessary to approach the decision-making process carefully and seriously, since there is nothing more important than the conditions in which we live.

Which option is preferable?

The management method is selected based on the owners’ ability to organize the process. If among the residents there are proactive citizens who are capable of creating a partnership with their own hands and managing all issues related to housing and communal services, then this option of individual management cannot be excluded as the optimal choice.

Pros of HOA:

• better service than any other management method
• low operating and repair costs
• high involvement of residents in the process of property operation
• with the proper persistence and efficiency of the chairman, the house can be carried out according to city improvement and repair programs.
• transparency of the financial balance of the house and reporting to residents

Disadvantage of HOA:

• low competence of staff specialists or their absence
• lack of own material resources
• high management costs
• low financial stability in case of errors in tariff setting

Transferring affairs to the management of a management company is the best option for managing a large city house. Residents will not need to be distracted from their own concerns and regularly participate in solving specific issues. This is the competence of the management company. This option is considered convenient and not burdensome for most apartment owners.

Pros of the management company:

• high competence of staff specialists
• financial stability
• own material base
• high integration with resource supply organizations

Disadvantages of the management company

• high tariffs
• low quality of service
• slow reaction to changes occurring in the house
• higher level of house receivables
• non-transparency of the financial balance of the house and incomplete reporting to residents

Self-government of MKDs is rarely organized. This is due to the low efficiency of this type of property management, the high responsibility resting on the owners of the premises themselves, and the owners’ lack of free time. All this does not encourage such a choice.

Pros:

• no administrative expenses
• maintenance and cleaning of the house can be carried out by residents
• low estimates for all work
• everyone is responsible only for their debts on utility resources

Minuses:

• very low controllability
• low competence of residents in housing and communal services surveys
• it is impossible to use subsidies from the Housing and Communal Services Reform Fund for major repairs
• there is no single person responsible for any of the issues

The legislative framework

The procedure for operating apartment buildings is regulated by the rules for managing apartment buildings, approved by Decree of the Government of the Russian Federation No. 416 of May 15, 2013. The second legal document regulating methods of house management is the Housing Code. According to the article, part 3 of Art. 161 of the Housing Code of the Russian Federation, a residential building can be managed by only one organizational structure. Owners of apartment building premises cannot refuse to exercise the functions of managing joint property. Legislatively, all possible ways of managing apartment buildings are enshrined in Part 2 of Art. 161 of the Housing Code of the Russian Federation. The operating procedure of the chosen method is described in detail in Art. 162–164, sections V, VI of the RF Housing Code.

(Slide 2) The emergence of the right to common property in MKD

The issue of common property, starting from 1995, was resolved in the Civil Code of the Russian Federation (Civil Code of the Russian Federation). Articles 289, 290 of the Civil Code of the Russian Federation indicated that the owner of an apartment in an apartment building, along with the premises occupied by him as an apartment, also owns a share in the ownership of the common property of the house.

The owners of premises in a residential building became owners of the common property of the house simultaneously with the acquisition of the status of owner, which arose from the moment of registration of ownership rights as a result of the privatization of an apartment or another transaction for its acquisition (for example, as a result of participation in shared construction, purchase, gift, etc. .).

The Civil Code established an important principle for the emergence of rights to common property: these rights are not subject to separate registration, but follow the fate of the fundamental right - the right to residential/non-residential premises in the house.

Characteristic features of common shared ownership of real estate:

• inability to allocate shares in kind;
• the impossibility of alienating a share in the right of common ownership separately from residential/non-residential premises;
• a share cannot exist independently; it is an integral part of residential/non-residential premises as an object of ownership, and therefore always follows the fate of such premises.

(Slide 3) Composition of common property in MKD

The common property in an apartment building includes:

• landings, stairs, elevators are classified as common property, since they are intended for the passage (or passage) of all owners to their apartments;
• The place where the elevator is located is called the elevator shaft. In addition to this, the house may have a ventilation shaft - it is also considered common property;
• technical floor (needed for placing engineering equipment and laying communications); it can be located in the lower (technical underground), upper (technical attic) or in the middle part of the building;
• Some apartment buildings have premises designed to meet the social and living needs of residents. These are wheelchairs, recreation rooms, gyms, dance classes - of course, if all residents can use them. If someone bought two apartments in your building on the ground floor and converted them into a paid gym, these premises are not common property - they have their own owner;
• the roof is also considered community property. In housing terminology, it is defined as “the upper enclosing structure of a building that performs load-bearing, waterproofing and thermal insulation functions”;
• enclosing load-bearing and non-load-bearing structures of the house. First of all, these include walls. In addition, in accordance with this principle, the balcony slab is included in the common property. It should be understood that as part of the balcony, it is the slab that belongs to the common property. The owner carries out the maintenance of the parapet, the glazed part of the balcony and the canopy independently, since this is his personal property;
• the technical basement also belongs to the common property of all owners of premises in an apartment building, since it serves for ventilation of the underground space under the premises of the first floor, as well as for the placement of engineering equipment and utility networks of the house;
• a land plot is an area intended for the operation and maintenance of an apartment building. On the land plot there is a house, improvement elements and other objects intended for the maintenance, operation and improvement of this house;

Landscaping elements include, for example, areas for drying clothes, cleaning clothes, carpets and household items; recreation areas for adults; children's playgrounds and sports grounds with landscaping and necessary equipment for children's summer and winter recreation.

This composition is defined in more detail in the Decree of the Government of the Russian Federation dated August 13, 2006 No. 491 “On approval of the Rules for the maintenance of common property in an apartment building and the rules for changing the amount of fees for the maintenance and repair of residential premises in the case of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration" (hereinafter referred to as Rules No. 491).

When determining the composition of common property, information on rights to real estate objects that are common property contained in the Unified State Register of Rights to Real Estate and Transactions with It (hereinafter referred to as the Register), as well as information contained in the state land cadastre, is used.

In the event of a discrepancy (contradiction) in information about the composition of common property contained in the Register, documentation of state technical accounting, accounting of managers or other organizations, technical documentation for apartment buildings, the information contained in the Register takes precedence.

(Slide 4) Rules for maintaining common property in apartment buildings

!!! In accordance with clause 10 of Rules No. 491, common property must be maintained in accordance with the requirements of the legislation of the Russian Federation (including on the sanitary and epidemiological welfare of the population, technical regulation, consumer protection) in a condition that ensures:

• compliance with the reliability and safety characteristics of an apartment building;
• safety for the life and health of citizens, safety of property of individuals or legal entities, state, municipal and other property;
• availability of use of residential and (or) non-residential premises, common areas, as well as the land plot on which the apartment building is located;
• compliance with the rights and legitimate interests of premises owners, as well as other persons;
• constant readiness of utilities, metering devices and other equipment included in the common property for the provision of utilities (supply of utility resources) to citizens living in an apartment building, in accordance with the Rules for the provision of utility services to citizens;
• maintaining the architectural appearance of an apartment building in accordance with the design documentation for the construction or reconstruction of an apartment building;
• compliance with the requirements of the legislation of the Russian Federation on energy saving and increasing energy efficiency.

The maintenance of common property, depending on the composition, design features, degree of physical wear and tear and technical condition of the common property, as well as depending on the geodetic and climatic conditions of the location of the apartment building, includes:

• inspection of common property carried out by the owners of premises, ensuring timely identification of non-compliance of the condition of common property with the requirements of the legislation of the Russian Federation, as well as threats to the safety of life and health of citizens;
• ensuring the readiness of in-house engineering power supply systems and electrical equipment that are part of the common property to provide public electricity supply services;
• maintaining the premises that are part of the common property in a condition that ensures the temperature and humidity in such premises established by the legislation of the Russian Federation;
• cleaning and sanitary cleaning of common areas, as well as the land plot included in the common property;
• collection and removal of solid and liquid household waste, including waste generated as a result of the activities of organizations and individual entrepreneurs using non-residential (built-in and attached) premises in the apartment building;
• maintenance and care of landscaping and landscaping elements, as well as other objects intended for the maintenance, operation and improvement of this apartment building located on a land plot that is part of the common property;
• current and major repairs, preparation for seasonal operation and maintenance of common property,
• carrying out mandatory energy saving and energy efficiency measures in relation to common property, included in the list of measures approved in accordance with the procedure established by the legislation of the Russian Federation;
• ensuring the installation and commissioning of collective (common house) metering devices for cold and hot water, thermal and electrical energy, natural gas, as well as their proper operation (inspections, maintenance, verification of metering devices, etc.).

The minimum list of services and work necessary to ensure the proper maintenance of common property in an apartment building, and the Rules for the provision of services and performance of work necessary to ensure the proper maintenance of common property in an apartment building, are established by the Government of the Russian Federation in Decree dated April 3, 2013 No. 290 and includes into yourself:

• work necessary for the proper maintenance of load-bearing structures (foundations, walls, columns and pillars, floors and coverings, beams, crossbars, stairs, load-bearing elements of roofs) and non-load-bearing structures (partitions, interior decoration, floors) of apartment buildings;
• work necessary for the proper maintenance of equipment and engineering support systems that are part of the common property in an apartment building;
• works and services for the maintenance of other common property in an apartment building (dry and wet cleaning of common property, disinfection, deratization of premises).

!!! In accordance with clause 15 of Rules No. 491, the scope of work does not include:

• maintenance and repair of doors to apartments, doors and windows located inside residential or non-residential premises that are not common areas;
• insulation of window and balcony openings, replacement of broken glass windows and balcony doors, insulation of entrance doors in apartments and non-residential premises that are not common areas;
• cleaning and cleaning of land plots that are not part of the common property, as well as landscaping and care of landscaping elements (including lawns, flower beds, trees and shrubs) located on land plots that are not part of the common property. These actions are carried out by the owners of the relevant land plots.

(Slide 5) Expenses of premises owners in apartment buildings

The Housing Code states that the owner of premises in an apartment building is obliged to bear the costs of maintaining housing, as well as to participate in the costs of maintaining common property in the house in proportion to his share in the right of common ownership of this property by paying fees for the maintenance of residential premises and contributions for major repairs.

Expenses for the maintenance and repair of residential/non-residential premises are determined in an amount that ensures the maintenance of common property in accordance with the requirements of the legislation of the Russian Federation. They include:

• expenses for the maintenance and repair of in-house engineering systems of electricity, heat, gas and water supply, drainage,
• reasonable expenses for collection of debts for payment of residential premises and utilities,
• expenses for taking meter readings,
• costs of maintaining information systems that ensure the collection, processing and storage of data on payments for residential premises and utilities, issuing payment documents for payment of residential premises and utilities.

If the owners at their general meeting did not decide to establish the amount of payment for the maintenance of residential premises, such amount is established by the local government body.

More detailed information on how owners must pay for services for the maintenance and repair of common property in an apartment building, depending on the form of management of the house, is prescribed in Rules No. 491.

For example, when determining the amount of payment for the maintenance and repair of residential premises of the owners of premises who have chosen a management organization, the decision of the general meeting of owners of premises in such a house is made for a period of at least one year, taking into account the proposals of the management organization. The specified fee amount is set the same for all owners of premises.

Expenses for major repairs of common property in apartment buildings are financed from the capital repair fund and other sources not prohibited by law. In the Stavropol Territory, the minimum contribution for major repairs is set at 6.36 rubles. per square meter. It may be higher if such a decision was made at a general meeting of the owners of the house.

The obligation to pay the costs of major repairs of an apartment building applies to all owners of premises in this house from the moment the ownership of the premises in this house arises. When ownership of premises in an apartment building is transferred to the new owner, the previous owner’s obligation to pay the costs of major repairs, including his existing debt, also passes.

Thank you for your attention!

In the next lesson we will look at the topic

“Quality control of public services

The procedure for selecting the control form of MKD

It is mandatory for all premises owners to decide on the algorithm for operating MKD. After putting a new house into operation, the developer, within a period of no more than 5 calendar days, engages an operating organization for operation for a maximum period of 20 days. During this time, new residents must choose one of the control methods.

In practice, the following are considered facts confirming the absence of the selected management option:

• the owners did not sign a contract for the maintenance and repair of common property
• there is no certificate of registration of the HOA
• there is no agreement with the management company

If the choice of option for servicing the house by the residents is not made, local authorities (district or city administration), after 20 days from the date of delivery of the house, organize a competition, within the framework of which a company is determined with which a management agreement is concluded on behalf of the residents of the house. The competition lasts no more than 40 calendar days. Based on the selection results, residents are informed about the results of the event. After the completion of the competition, 2 months are allotted to draw up an agreement with the winning company or legally formalize another decision of the residents.

Citizens can also reconsider the way the building is used at any time. The right to determine the method is vested in the general meeting of residents. To make a change, the initiative group organizes a vote, the result of which is the choice of one of three management methods. The choice is considered legal if at least 50% of the owners vote positively. Documentary evidence is considered to be a properly drawn up protocol on the choice of method for managing the microdistrict.

Direct control of the house as a method of management. Part 1. Limitation on the number of apartments

Direct management as a management method can be chosen only by those houses in which the number of apartments is no more than 30. This restriction is contained in clause 1, part 2, art. 161 of the Housing Code of the Russian Federation.

The legality of such a rule was assessed by the Constitutional Court of the Russian Federation (Determination No. 1228-O dated 06/09/2015). He indicated:

• Differentiation of management methods depending on the number of apartments cannot be considered unreasonable and disproportionate, since it is not arbitrary, but is determined by the organizational and technical features of managing various objects, which require, in particular, an appropriate level of professionalism.
• Having defined in the Housing Code of the Russian Federation the criterion for choosing such a management method as direct management, the legislator proceeded from the number of apartments in it, which is guaranteed to ensure proper and high-quality management, taking into account the rights and interests of all owners without exception.
• Such regulation also takes into account the fact that with a larger number of apartments (and therefore, as a rule, participants in common property), decision-making becomes significantly more complicated, which ultimately reduces the efficiency of house management.

Someone wants more apartments in buildings under direct management

The Constitutional Court spoke out when the law was limited to 16 apartments, but then their number was increased. There are still attempts to increase this number again, but bills have so far been rejected.

For example, project No. 832773 - 7 on increasing the number of apartments to 60 was rejected in the 1st reading on April 14, 2021.

In the explanatory note, the authors of the project indicated as an advantage that “managerial decisions are made promptly and taking into account all the wishes of the residents, and therefore there is no risk of theft and misappropriation of funds allocated to pay for the maintenance of the apartment building.”

According to the authors’ calculations, the average number of apartments in apartment buildings in Russia is 60 apartments (a typical four-entrance five-story apartment building), “and therefore the limit of 30 apartments infringes on the rights of citizens living in an average apartment building to directly manage their home.”

The State Duma Committee on Housing Policy and Housing and Communal Services in its conclusion on the project noted that the argumentation given in the note is insufficient, “since it is not possible to assess the effectiveness of the direct management of an apartment building, the number of apartments in which is 60.”

According to the Committee, with the direct method of management, “ideally, the coordination of all participants in shared ownership is required, which is associated primarily with the increased responsibility assigned to them for the maintenance and repair of common property. In buildings with a large number of apartments, such coordination between owners is quite difficult to achieve, and therefore, the direct method of management in buildings with a large number of apartments is ineffective.”

The committee indicated that the lack of analysis and assessment of the effectiveness of the direct management of a house, the number of apartments in which is no more than 60, can lead to adverse consequences when implementing the project: poor-quality maintenance of common property, untimely or failure to carry out routine repairs, which will affect the technical condition of the house .

Apartments or premises

It is curious that the law specifies “apartments” and not “premises”, which causes disputes in practice as to whether direct management is possible in a building with fewer than 30 apartments but more than 30 premises (taking into account, for example, non-residential ones).

Omsk, Determination of the Eighth Court of Cassation of General Jurisdiction dated December 12, 2019 No. 88 – 1157/2019

The courts invalidated the decision of the general meeting due to the fact that its agenda was changed, but they noted that direct management is chosen in the house without taking into account the number of non-residential premises:

“the conclusions of the courts of both instances regarding the possibility of direct management by the owners of premises in an apartment building, the number of apartments in which is no more than thirty, excluding non-residential premises located in such an apartment building, were made in accordance with the requirements of the law and the regulatory interpretation given by the Constitutional Court of the Russian Federation "

Smolensk, Resolution of the Twentieth Arbitration Court of Appeal dated 02/04/2019 in case No. A62 – 6901/2018

The refusal of the housing supervision authority to make changes to the register of licenses was assessed. The management organization indicated that the building does not have apartments, but rooms, so direct management there is possible, but the courts did not support:

“the purpose of limiting the possibility of choosing such a method of management as direct management is the ability to ensure favorable and safe living and proper maintenance of common property. Moreover, as established above, the apartment building consists of 64 premises (residential/non-residential), the owners of 64 premises are 92 citizens and the municipality of the city of Smolensk, which does not allow for favorable and safe living and proper maintenance of common property. Moreover, according to the extract from the Unified State Register, the disputed building is registered as an apartment building.”

“Are there such houses?”

One of my subscribers is so accustomed to city life among high-rise buildings that he was very surprised that the management method prescribed in the code is widespread in Russia.

According to the GIS housing and communal services, compiled on the basis of information from regional authorities, there are approximately 223,353 apartment buildings under direct management, of which only 63% are located in the system.

And this is how the distribution by management method looks like at the time of publication of the article:

That is, there are many such houses, even taking into account the limit of 30 apartments.

I myself lived for more than a year in a house with direct control and I cannot say that it is bad or inconvenient, as opponents of this method of control make it out to be. It all depends on the owners. Pros and cons, comparison with other control methods will be in the third part, and in the next (second) I will write what direct control is.

Previous articles in the series: Direct control of the house as a method of control.

• Part 2. What is direct management, what does it look like in life?
• Part 3. Pros and cons of direct management.