Open municipal competition for choosing a management company: how it is conducted, features of the procedure

It is legislatively established that the prerogative of choosing the management of the property of apartment buildings lies exclusively with the owners of the premises. When they delay making a choice or refuse to make any decision in principle, the municipal authorities organize and conduct an open municipal competition. In some cases, it is declared invalid, on the basis that the complete absence of participants in the event is documented. The publication describes in detail the process of properly conducting a competition to select a new management company.

Grounds for holding an open competition (OK)

An open competition to select a new management company is held when the owners of apartment buildings have not chosen the type of house management due to:

• the inability of residents to get together and come to some kind of common decision
• lack of implementation of the decision made at the meeting
• on the basis of recognition in court of the insolvency of the meeting and the adoption of a decision
• all attempts to reconvene were unsuccessful
• the majority of residents ignored the earlier decision and did not conclude agreements with the management company
• residents did not submit the appropriate papers for state registration of a special private utility company
• a new building was built and an operating permit was obtained

There are often cases when the administration of a district or city refuses to hold open competitions, not wanting to fulfill the obligations regulated by Article 161 of the Housing Code. In other words, the organizer covers those management companies that must be replaced by decision of the meeting of residents. In arbitration practice, there are cases when a local government authority independently granted the right to manage a house to a company, without conducting an OK. And this does not comply with the requirements of the antimonopoly law on the protection of competition, Part 1 of Art. 13 Federal Law.

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Who can manage an apartment building immediately after receiving permission to put the house into operation?
Part 14 art. 161 of the Housing Code of the Russian Federation established the obligation of the developer, no later than five days from the date of receipt of permission to put into operation an apartment building, to conclude a management agreement for the apartment building with the management organization.

Until June 30, 2015, such an apartment building, immediately after receiving permission to put the house into operation, could be managed by the developer himself “subject to its compliance with the standards and rules for managing apartment buildings established in accordance with this article by the Government of the Russian Federation.” After this date - only by the management organization chosen by the developer.

Moreover, according to Part 13 of Art. 161 of the Housing Code of the Russian Federation, activities related to the management of apartment buildings are carried out on the basis of a license for its implementation. Accordingly, the developer can enter into a management agreement for an apartment building only with a licensed management organization.

2. How long can the developer or his chosen management organization manage an apartment building after receiving permission to put the house into operation?

According to the current version of Part 14 of Art. as of July 1, 2021. 161 of the Housing Code of the Russian Federation, the management organization chosen by the developer must manage the apartment building for which permission to put the house into operation has been obtained before concluding an agreement for the management of the apartment building between the persons specified in clause 6 of Part 2 of Art. 153 of the Housing Code of the Russian Federation (in particular, with participants in shared construction, “shareholders”), and a management organization selected based on the results of an open competition.

This provision of Part 14 of Art. 161 of the RF Housing Code does not fully comply with the requirements of Part 7 of Art. 162 of the Housing Code of the Russian Federation, according to which a certain period may pass from the date of conclusion (signing) of the management agreement for an apartment building until the day obligations to manage the apartment building arise (or the period established in the management agreement, or 30 days).

3. What responsibilities are established for local governments to move from temporary management of an apartment building - a new building - to permanent management of such a building?

To transfer management of an apartment building from a management organization engaged by the developer to a management organization that won an open competition, a local government body in accordance with Part 13 of Art. 161 of the Housing Code of the Russian Federation is obliged to:

• within twenty days from the date of issuance, in the manner established by the legislation on urban planning, of permission to put into operation an apartment building, place a notice of an open competition for the selection of a management organization on the official website on the Internet;
• no later than within forty days from the date of placement of such notice, carry out in accordance with Part 4 of Art. 161 Housing Code of the Russian Federation open competition;
• within ten days from the date of the open tender, notify all “shareholders” of the results of the open tender and the terms of the management agreement for this house.

Since within twenty days from the date of issuance of permission to put into operation an apartment building, participants in shared construction (“shareholders”) most likely will not be able to become owners of premises in their house, hold a general meeting, choose and implement a method of managing an apartment building, then the provisions specified in Part 13 Art. 161 of the Housing Code of the Russian Federation, the obligation must be unconditionally fulfilled by local government bodies within the prescribed period.

Conducting an open competition by a local government body in violation of the established deadline or failure to conduct such a competition is a violation of the mandatory requirements of the Housing Code of the Russian Federation by local government bodies and must be identified and suppressed by state housing supervision bodies and FAS bodies.

4. Who can manage a new apartment building after a local government body holds an open competition to select a management organization to manage a new apartment building and how is management of the apartment building transferred?

According to the second sentence of Part 13 of Art. 161 of the Housing Code of the Russian Federation, participants in shared construction (“shareholders”) are required to enter into a management agreement for this house with a management organization selected based on the results of an open competition.

Since the management organization engaged by the developer in accordance with Part 14 of Art. 161 of the Housing Code of the Russian Federation, is obliged to manage an apartment building - a new building until the conclusion of an agreement for the management of an apartment building between participants in shared construction ("shareholders") and a management organization selected based on the results of an open competition, then such a management organization, selected based on the results of an open competition, must begin to manage such home from the day following the day of the conclusion of the contract for the management of an apartment building by the “new” management organization.

Since the “old” management organization cannot know the day of termination of its management agreement for an apartment building, it cannot transfer technical documentation for an apartment building and other documents related to the management of such a building to the management organization selected based on the results of an open competition, “thirty days before termination of the management agreement for an apartment building.”

Accordingly, the transfer by the “old” management organization of technical documentation for an apartment building and other documents related to the management of such a house to the management organization selected based on the results of an open competition should not be carried out within the time limits established by Part 10 of Art. 162 of the Housing Code of the Russian Federation, and immediately after the winner is determined in an open competition.

5. How is a management agreement for a new apartment building concluded with a management organization that has won an open competition held by a local government body?

In the case provided for in Part 13 of Art. 161 of the Housing Code of the Russian Federation, the winning management organization enters into a management agreement for an apartment building “with each person who has accepted from the developer (the person providing the construction of the apartment building) after issuing permission to put the apartment building into operation, premises in this building under a transfer deed or other document on transfer." Such persons are most often participants in shared construction. Moreover, according to this norm, such persons act as one party to the concluded agreement if they constitute more than fifty percent of their total number.

Before amendments were made to the Housing Code of the Russian Federation, in cases where the owners of premises in an apartment building did not enter into the required number of agreements for the management of an apartment building with a management organization - the winner in an open competition, then such a management organization did not have the right to begin managing the apartment building by virtue of the norm of Part 7 Art. 162 Housing Code of the Russian Federation.

According to Part 7 of Art. 162 of the Housing Code of the Russian Federation “unless otherwise established by the agreement for the management of an apartment building, the management organization is obliged to begin implementing such an agreement no later than thirty days from the date of its signing.” That is, the day of signing the management agreement for an apartment building was the first day from which the countdown of the period began, after which the management organization could begin managing the apartment building. Before the day of signing such an agreement, there was no basis for managing an apartment building. Accordingly, there were many cases when the owners refused to sign a management agreement for an apartment building with the winner of an open competition and, at the same time, did not choose another management organization. As a result, the house remained without management “legally.” It was and remains impossible to appoint a management organization without holding an open competition and without a positive decision from the general meeting of owners of premises in an apartment building!

But Federal Law No. 176-FZ dated June 29, 2015 “On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” Part 13 of Art. 161 of the RF Housing Code was supplemented with a new provision, according to which “if within two months from the date of the open competition the owners have not concluded a management agreement with the management organization, such an agreement is considered concluded on the terms determined by the open competition.”

That is, if the owners of the premises sign a management agreement for an apartment building within these two months with a management organization - the winner of the competition, then such a management organization must begin managing the house in accordance with the provisions of Part 7 of Art. 162 Housing Code of the Russian Federation. And if they do not sign, then after exactly two months from the date of the open competition, the countdown begins, determined in accordance with the provisions of Part 7 of Art. 162 Housing Code of the Russian Federation.

6. What are the grounds for the local government not to hold an open competition to select a management organization to manage a new apartment building?

Refusal to hold an open competition is permitted solely on the grounds established by the Rules, approved. Decree of the Government of the Russian Federation of February 6, 2006 No. 75.

In accordance with paragraph 39 of the Rules, if before the day of the competition the owners of premises in an apartment building have chosen a method of managing an apartment building or have implemented a decision to choose a method of managing this building, the competition is not held. Refusal to hold a competition for other reasons is not permitted. That is, based on the literal interpretation of norm a. The first clause 39 of the Rules establishes two grounds for not holding an open competition:

• if, before the day of the competition, the owners of premises in an apartment building have chosen a method of managing the apartment building;
• if, before the day of the competition, the owners of premises in an apartment building made a decision on choosing a method of managing this building.

However, by the decision of the Supreme Court of the Russian Federation dated August 10, 2009 No. GKPI09-830 a. The first clause 39 of the Rules was declared invalid in the part that allows not to hold a competition for the selection of a management organization if, before the day of its holding, the owners of premises in an apartment building chose a method of managing this building, but did not implement the decision made on choosing a method of managing the apartment building.

Thus, despite the fact that the norm a. The first clause 39 of the Rules has not been changed by the Government of the Russian Federation; it must be applied taking into account the provisions of the decision of the Supreme Court of the Russian Federation dated August 10, 2009 No. GKPI09-830. That is, the basis for refusing to hold a competition can only be in the aggregate the adoption by the owners of premises in an apartment building of a decision on the method of managing the house and the implementation of such a decision, by concluding a house management agreement, creating a HOA, etc.

If the owners of the premises of an apartment building choose a management organization to manage the apartment building, in accordance with Part 1 of Art. 162 of the Housing Code of the Russian Federation, a management agreement is concluded with each owner of the premises in such a house on the terms specified in the decision of the general meeting. Moreover, according to this norm, the owners of premises in a given house, having more than fifty percent of the votes of the total number of votes of the owners of premises in a given house, act as one party to the concluded agreement. If the management agreement for an apartment building is concluded before the day of an open competition by so many owners of premises in an apartment building, then the local government body does not legally hold an open competition and does not have the right to conduct it, because the method of managing an apartment building is chosen and implemented.

If the owners of premises in an apartment building have made a decision on the method of managing the building, but in the prescribed manner such a decision has not been implemented before the day of the open competition, then the local government body does not have the right to decide to refuse to hold the competition.

There are cases when the compulsory medical insurance and the government body of a constituent entity of the Russian Federation, through their actions, create conditions for the transfer of an apartment building to management organizations affiliated with them. For example, such a case recently occurred in Ulyanovsk.[1] Thus, the housing and communal services department of the Ulyanovsk administration initially announced an open competition for the selection of a management organization, and on March 6, 2021, canceled such a competition due to the fact that the owners of premises in an apartment building were chosen at a general meeting and implemented a method for managing their apartment building. On April 7, the FAS department for the Ulyanovsk region recognized as justified the complaint against the actions of the auction organizer - the housing and communal services department of the Ulyanovsk administration when organizing the auction in the form of an open competition for the right to conclude a management agreement for apartment building No. 144 on Lenin Street.

The Federal Antimonopoly Service for the Ulyanovsk region found that “according to the minutes of the general meeting of owners of the premises of an apartment building dated March 14, the owners decided to choose a management method - the management organization LLC “UK TsET” from April 1”, and also that “in reality the decision to choose The residents of building No. 144 did not accept the management company.” In the comments to this publication, readers see not only the administrative component of the violation in question, but also the criminal one.

Such cases may also occur when multi-apartment buildings - new buildings - are transferred to management. In this case, it is useless to appeal the violation to the state housing supervision authorities. Obviously, that’s why the applicants turned to the Federal Antimonopoly Service for the Ulyanovsk Region.

There are cases when local government bodies do not hold open competitions not in connection with the holding of general meetings by the owners of the premises, but by withdrawing themselves from fulfilling the duties established in Parts 4 and 13 of Art. 161 Housing Code of the Russian Federation. That is, compulsory health insurance companies do not hold open competitions in order to give the opportunity to continue to illegally manage apartment buildings to those management organizations that should be replaced by management organizations selected based on the results of open competitions. Such violations, for example, are described in an article that states that in Voronezh “builders everywhere implement the practice of independently concluding contracts with affiliated companies even before the house is put into operation. ...The owners of the newly built apartments were dissatisfied with the fact that the developer imposed a management company on them without their knowledge, and antimonopoly officials considered that in this situation the mayor’s office should have intervened in the matter by conducting appropriate competitive procedures for selecting the operating organization.”[2] Based on the results of the consideration of the case, the administration of the city of Voronezh issued a binding order to hold open competitions in accordance with the requirements of Part 13 of Art. 161 Housing Code of the Russian Federation.

In judicial practice, there is a case when a local government independently selected a management organization without holding an open competition[3] and, in fact, provided municipal preferences to a commercial organization (the ability to enter into management contracts without participating in competition with other business entities in the market for management services apartment buildings), which does not comply with the requirements of the Law on Protection of Competition. The Moscow Regional Office of the Federal Antimonopoly Service of Russia correctly concluded that such actions of the compulsory medical insurance led to a restriction of entry into the market for the management of apartment buildings by business entities providing the relevant services.

7. When can the owners of premises in an apartment building, at a general meeting, choose the method of managing a new apartment building, the management organization and determine the terms of the management agreement for the apartment building?

Owners of premises in an apartment building can, at a general meeting, choose the method of managing a new apartment building, the management organization and determine the terms of the management agreement for the apartment building when the shareholders have registered their ownership of the premises and parking spaces in the apartment building in the Unified State Register of Real Estate and Steel owners of premises in an apartment building.

The Housing Code of the Russian Federation provides for the possibility of holding only a general meeting of owners of premises in an apartment building. The institution of a general meeting of future owners of premises in the housing complex of the Russian Federation is absent.

However, as soon as the required number of “shareholders” registers their ownership rights to residential and non-residential premises, the requirements of Parts 13 and 14 of Art. 161 of the Housing Code of the Russian Federation, which states that management organizations are selected by the developer or local government bodies, ceases to exist. But at the same time, regardless of the right of the owners of premises in an apartment building to hold general meetings and make decisions on issues of managing the apartment building, the norm of Part 81 of Art. 162 of the Housing Code of the Russian Federation, according to which “the owners of premises in an apartment building unilaterally have the right to refuse to execute a management agreement for an apartment building, concluded as a result of an open competition provided for in parts 4 and 13 of Article 161 of this Code, after each subsequent year from the date of conclusion of the said agreement if, before the expiration of such an agreement, the general meeting of owners of premises in an apartment building made a decision to choose or change the method of managing this building.”

At a general meeting of owners of premises in an apartment building, held during the period of management of the apartment building by a management organization selected by a local government body through an open competition, the following issues can be resolved, in particular:

• choosing a method for managing an apartment building (for example, creating a HOA);
• choosing another management organization;
• approval of the terms of the management agreement for an apartment building.

8. How and when can the owners of premises in an apartment building implement the decisions of the general meeting on choosing a method of managing a new apartment building, a management organization, and enter into agreements for the management of an apartment building on approved terms?

After a general meeting of owners of premises in an apartment building, during the period of management of the apartment building by a management organization selected by a local government body in an open competition, makes decisions on choosing a method of managing an apartment building (for example, on creating a HOA), choosing another management organization, approving the terms of a management agreement apartment building, the owners of premises in the apartment building and the “new” management organization or the created HOA can begin to prepare for the implementation of the decisions made on the management of the apartment building.

For example, a “new” management organization (or HOA) may begin to enter into contracts with contractors, specialized and resource supply organizations with a delayed start date, as well as perform other actions to prepare for the management of an apartment building in such a way that by the last day of the first or next year from the date of concluding a management agreement with the winner of an open competition, be ready to manage an apartment building.

And “after each subsequent year from the date of conclusion” of the management agreement with the winner of the open competition (i.e., from the next day after the end of the specified year), the owners begin to implement the decisions previously made at the general meeting. That is, from this day:

• management of the apartment building by the “old” management organization is terminated;
• management of an apartment building begins by a “new” management organization or a newly created HOA begins to manage the building.

However, there is a precedent decision of the Supreme Court of the Russian Federation legalizing the general meeting of “shareholders” in an apartment building.

Based on the results of consideration of case No. 15/05-AMZ-2013 on April 30, 2013, the Commission of the FAS Office for the Chuvash Republic made a decision to recognize the inaction of the Cheboksary city administration, expressed in the failure to hold an open competition to select a management organization to manage the newly commissioned apartment building No. 15, building 1 on the street. 50 years of October, Cheboksary. By decisions of the Arbitration Court of the Chuvash Republic-Chuvashia, the First Arbitration Court of Appeal dated July 30, 2014, and the Arbitration Court of the Volga-Vyatka District, this provision of the said decision was declared invalid and paragraph 1 of the decision was canceled.

By the ruling of the Supreme Court of the Russian Federation dated March 16, 2015 No. 301-KG15-2083 in case No. A79-4150/2013[4], it was decided that the courts came to the correct conclusion that the antimonopoly authority has not proven the set of conditions necessary for the recognition of actions (inaction ) of the plaintiff (Cheboksary City Administration) restricting competition.

There is no case law in the Russian Federation, but nevertheless, the decision of the highest court of the Russian Federation allows for a general meeting of participants in the shared construction of premises in an apartment building to select a management organization to manage the apartment building.

9. Can local governments help owners of premises in an apartment building hold a general meeting to choose a method of managing an apartment building, selecting a management organization and determining the terms of a management agreement?

Local governments are required to initiate a general meeting of owners of premises in an apartment building to elect the council of the apartment building.

However, since there is no regulatory prohibition, local governments have the right to help owners of premises in an apartment building prepare and hold general meetings on choosing a method of managing an apartment building, choosing a management organization, determining the terms of a management agreement and on other issues of managing apartment buildings.

Moreover, in accordance with Part 1 of Art. 165 of the Housing Code of the Russian Federation, local governments must provide “equal conditions for the activities of management organizations, regardless of organizational and legal forms.” That is, there should be no creation of preferences for management organizations of municipal ownership over management organizations of private ownership.

In addition, such assistance should not impede the competition of business entities and affect their competition in the management of apartment buildings.

10. In what cases can a decision of a general meeting of owners of premises in an apartment building not be considered accepted?

In accordance with paragraph 39 of the Rules, approved. by Decree of the Government of the Russian Federation of February 6, 2006 No. 75, if before the day of the competition the owners of premises in an apartment building chose a method of managing an apartment building or implemented a decision on choosing a method of managing this building, the competition is not held. Therefore, the identification by control and supervisory authorities of cases where the decision of the general meeting of owners of premises in an apartment building cannot be considered adopted affects the qualification of the situation: whether before the day of the open competition a decision was made and implemented on the choice of method of managing the apartment building.

Firstly, according to Part 6 of Art. 46 of the Housing Code of the Russian Federation, “the owner of a premises in an apartment building has the right to appeal to court a decision made by the general meeting of owners of premises in a given building in violation of the requirements” of the Housing Code of the Russian Federation, in the case of:

• if he did not take part in this meeting or voted against such a decision;
• if such a decision violates his rights and legitimate interests.

In this case, “an application for such an appeal may be filed with the court within six months from the day when the specified owner learned or should have learned about the decision made.”

The legislator does not establish a list of formal violations that may be grounds for canceling the appealed decision of the general meeting of owners, but requires clarification of the impact of the violation on the exercise of the rights of the owners of premises in an apartment building to make decisions at general meetings. So, according to Part 6 of Art. 46 of the RF LC “the court, taking into account all the circumstances of the case, has the right to uphold the appealed decision” if:

• the vote of the said owner could not influence the voting results;
• the violations committed are not significant;
• the decision made did not entail causing losses to the specified owner.

To uphold the appealed decision of the meeting, the listed consequences of violations of the requirements for convening and holding a general meeting of owners of premises in an apartment building must be present in aggregate.

Secondly, it is necessary to identify and prove in court the forgery of signatures of the owners of premises in an apartment building, the falsification of a notice of a general meeting, and the fabrication of minutes by unauthorized persons.

11. In what cases can a court or a division of the FAS cancel the results of an open competition held by a local government body to select a management organization to manage a new apartment building?

The most common violations by local government bodies of the Rules for holding an open competition by a local government body for the selection of a management organization to manage an apartment building, approved by Decree of the Government of the Russian Federation of February 6, 2006 No. 75, if detected by a court or a division of the FAS, the results of the local government self-government open competition for the selection of a management organization to manage a new apartment building can, in particular, include:

• application of provisions governing the procurement of goods, works, services for state and municipal needs. An open competition held by a local government body is not aimed at satisfying municipal needs and does not involve payment for the work and services of the management organization from the local budget. The recipients of services under a management agreement are the owners of the premises, and not local governments. Therefore, the competition procedure is regulated exclusively by the norms of the Civil Code of the Russian Federation, the Housing Code of the Russian Federation and the Rules, approved. Decree of the Government of the Russian Federation of February 6, 2006 No. 75;
• failure by the organizer of the competition or, on his behalf, by a specialized organization on the official bidding website (www.torgi.gov.ru) on the established date of the competition, tender documentation (clause 32 of the Rules, approved by Decree of the Government of the Russian Federation of February 6, 2006 No. 75 ). Posting such information in any media, including electronic media, cannot replace the obligation to post information on the official auction website;
• failure to reflect in the notice of a competition, competition documentation information about the object of the competition provided for in clauses 38 and 41 of the Rules, approved. Decree of the Government of the Russian Federation of February 6, 2006 No. 75;
• inclusion in the competition documentation of a requirement for applicants to provide documents not provided for in clauses 52 and 53 of the Rules, approved. Decree of the Government of the Russian Federation of February 6, 2006 No. 75;
• admission to participate in an open competition for the selection of a management organization - an applicant who does not meet the mandatory requirements established by clause 15 of the Rules, approved. Decree of the Government of the Russian Federation of February 6, 2006 No. 75;
• expansion of the established clause 15 of the Rules, approved. Decree of the Government of the Russian Federation dated February 6, 2006 No. 75, a list of requirements, which is exhaustive and is not subject to broad interpretation by virtue of clause 16 of the Rules, or a violation of the requirements established by clause 17 of the Rules for checking the compliance of applicants with the requirements specified in clauses. 2 - 6 clause 15 of the Rules. At the same time, it is unacceptable to include in the competition documentation requirements for applicants to provide documents confirming their compliance with mandatory requirements (certificates of absence of debt on tax payments and payments to state extra-budgetary funds, non-suspension of activities, etc.), with the exception of the requirement established by paragraphs. 1 clause 15 of the Rules;
• application when calculating the amount of security for the fulfillment of VAT obligations (clause 42 of the Rules, approved by Decree of the Government of the Russian Federation of February 6, 2006 No. 75), because the formula for calculating the amount of security for the fulfillment of obligations does not imply any additional components, and the Roi coefficient takes into account the amount of VAT (1.18);
• refusal to hold a competition is permitted solely on the grounds established by the Rules, approved. Decree of the Government of the Russian Federation of February 6, 2006 No. 75.

Dmitry GORDEEV, Leading Legal Advisor of the Urban Economy Department of the Institute of Urban Economics Foundation

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[1] See https://simbirsk.city/2017/04/07/andrej-vorozhetsov-pytalsya-podygrat-ooo-uk-tset-na-rynke-upravleniya-domami/

[2] See: https://obozvrn.ru/fas-na-kuluarnost-myeriyu-voronezha-pyt/

[3] See Ruling of the Supreme Court of the Russian Federation dated August 2, 2016 No. 305-KG16-9685.

[4] See https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ARB&n=420948#0

Legislation

The main and main law on the activities and selection of management companies is the Housing Code. Basic rules and regulations:

• Art. 162 regulates the prerequisites for starting the process of open competition for the selection of a management organization
• In Art. 164 describes the reasons why an OK should be carried out by the municipality
• If we are talking about new objects, then Art. 161 Residential Complexes of Russia, the organizer places an announcement on its website about the beginning of the competitive selection
• Article 200 regulates the time period for receiving notifications from the housing office and the selected management company
• Federal Law 189 dated February 29, 2004 fixes the implementation of the Housing Code and the activities of regulatory institutions

General provisions

The basis for holding an open competition is Art. 162 Housing Code of the Russian Federation. It should be remembered that the owners of premises in an apartment building have the right to hold a meeting to choose a method of managing their home before and during an open competition until the winner is announced.

A participant in the competition can be an individual entrepreneur or a legal entity. The subject of the competition is the right to conclude a management agreement for apartment buildings . The object of the auction is the cost of mandatory and additional work on the maintenance and repair of common property in the apartment building.

The winner of the open competition will be the management company that, for the fee specified by the organizer, offers the largest amount of work on the maintenance and repair of common property in the apartment building.

It should be noted here that according to the latest changes in the Rules for conducting an open competition for the selection of management companies, enshrined in the Decree of the Government of the Russian Federation dated March 4, 2015 No. 191, the tender documentation must contain a list of additional works and services for maintenance and repair with requirements for volumes, quality and frequency of their implementation. The competition organizer independently determines the estimated cost of each additional work and service.

Read how to manage new apartment buildings

Tender documentation and organization of inspection of apartment buildings

The municipal competition prohibits any negotiations with applicants before the start of bidding. Before the official announcement of the start of bidding, the administration and the initiative group draw up the following documents:

• Certificate of general technical condition of premises
• Schedules of recent examinations by specialized specialists and their expert opinion
• List of mandatory functional duties required to maintain the premises and surrounding area
• Management contract
• Regulated procedure for holding an open competition by the organizer
• Application for appearing in the auction
• Minutes of the meeting and voting results

By organizing an inspection of the entire property fund of the microdistrict, we mean drawing up a special report on the technical condition of the building premises. The event is carried out by compulsory medical insurance with the involvement of specialized specialists (if necessary).

How to draw up and submit a competitive application for managing an apartment building

The competition cannot be held, and the meeting is considered invalid if MAs with incorrectly completed applications were admitted. When filling out, it is important to provide the following information:

• name and legal form of management of the organization
• OKPO code, place of registration
• Bank details
• document indicating the applicant’s compliance with the previously established rules for bidding
• receipt of deposit of funds as security for the application for participation (this is optional and is determined by the organizer of the competition)
• recent financial balance of the company
• details of the director and chief accountant

The form must be computer-typed, printed and signed by the manager of the enterprise.

How is the winner determined?

When the initiators of the competition are the residents of the house, the winner is determined by voting. The votes cast are recorded by a special commission in the minutes of the meeting. The commission consists of: a chairman, a deputy and a secretary. People are elected to this position from among the initiative group of residents or representatives of local government bodies. The results obtained are calculated by a previously selected commission and recorded in a special protocol.

If the total number of votes cast for one management organization does not exceed 51%, then the meeting is considered invalid. It is necessary that more than half of the residents vote for 1 company. Moreover, more than ⅔ of all homeowners must be present at the meeting itself. If the number of people present is smaller, the results are considered biased.

It is also important that voting takes place in one room - door-to-door collection of votes or aggressive campaigning is unacceptable. When the local administration initiates the bidding, then during voting its vote is added to the main ones.

RF PP No. 1541 from 01.01.19 changed the approach to the selection of management organizations through an open competition. Now the organizers independently approve the only list of works and services. Participants do not offer to do more work for an approved price, but are able to perform specific services for less money.

The winner is the company that is able to complete the specified work at a lower cost.

From 01/01/19, 2 new requirements for participants appeared:

1. No debts to resource supply companies for 2 or more periods
2. Absence of arrears in payment of administrative fines for committing offenses in the field of commercial activities for the management of apartment buildings

Grounds and initiators of the competition

After putting new buildings into operation, residents must begin selecting a management organization. This also applies to residents of apartment buildings who refused the services of the previous management company and have not yet chosen a new company. If a company is not identified within 1 month, the city administration exercises control over the competition for managing the apartment building.

The rules of the competition say that the initiators are the owners of the apartments or representatives of the municipality. The management committees themselves should not hold meetings; they are allowed to talk to residents and distribute advertising brochures. After the main contenders for managing the house have been nominated, the organizer determines the date of the competition.

The choice of management company takes place through an open or closed vote of residents. In the first option, participants raise their hands for the candidates, in the second, ballots are distributed.

What to do if the competition for the management of an apartment building does not take place

RF PP dated December 21, 2018 No. 1616 radically changed the principle of selecting a management organization (MA) for MKD, because the auction did not take place due to the non-appearance of participants or owners. Now the new rules require the local government to independently appoint a new management company. According to the new document, the municipality independently determines:

• List of works, services and the amount of payment for which they will be performed by the MA
• Appoints an executive management company

Firms are included in the list by the date of filing the application or the date of drawing up the protocol of opening the envelopes and reviewing for the correct preparation of applications. Lists must be posted in the GIS Housing and Communal Services. The management company provides for the independent refusal of functional responsibilities only after receiving an appointment to the microdistrict. The municipality must select from the list the company that has fewer houses under service on its balance sheet.

Legislative regulation

According to Art.
161 of the Housing Code of the Russian Federation, owners of premises in apartment buildings are supposed to elect a management company for the management of common property. When conducting auctions, the organizers are guided by the relevant Rules, which were approved by the Government of the Russian Federation (Resolution No. 75 of 02/06/06). Paragraph No. 3 states that a management company must be elected within one month, otherwise the local administration will independently appoint a company to manage the house.

Each municipality develops and approves its own regulations. To get acquainted with them, you need to go to the website of the local administration.

Is it possible to appeal the results of the competition, the responsibility of the municipality

Often a real war breaks out between homeowners, municipal authorities and management companies. The main reason is the imposition of the MA without written notifications to homeowners. The situation does not arise out of the blue; it is often preceded by the inability of homeowners to independently organize and make a decision on the temporary management of their apartment complex. When residents delay making a decision, local governments come into play. From the point of view of the law, everything should happen transparently, but in reality, facts of rigging the results of the competition to “push” their management companies are increasingly being voiced. And often residents are faced with the fact of a competitive transfer of their house to the winning organization. It happens that there are no complaints - everyone is satisfied with the results of the competition.

But there are also cases in the opposite direction. Unfortunately, the passivity of the owners leads to the forced transfer of the property of the microdistrict to the municipality chosen by the municipality. In case of categorical refusal to comply with the results of an open competition, you can go to court. The results of a state competition can be challenged, but the problem of execution of decisions arises. The situation may drag on for many months, even years. In such cases, the municipality is fully protected: it sets tariffs and documents are also maintained in accordance with the law.