The number of applications on the provision of housing and communal services in our country is in first place in all levels and branches of government. Living in an apartment building promises very big worries for each owner, namely problems with heating, water supply, cleaning the adjacent territory or repairing entrances. In this article, we will consider what the management company should do and what rights and obligations it has.
The question of what the management company should do is most often asked by owners who are not satisfied with the quality of living in the house. Every month in your payment document you find lines of payment for the maintenance and repair of housing, and it is not clear where this money goes. So what should be the ideal management company?
It does not matter at all what form of management in your house - UO, HOA or housing cooperative, the services that should be provided to the owner are generally the same and the demand from the head of one of these organizations will be the same. If a management organization has been elected in your house, then after drawing up the minutes of the general meeting, the management company is obliged to conclude a management agreement with the owners of the apartment building for at least 2/3 of the entire area of the house. The date of conclusion of the management agreement with the managing organization will be the date of commencement of the management of the house. From this moment on, it must strictly comply with all legislative acts that regulate its work. In its work, the managing organization is obliged to ensure Free access to information about the managed house, its characteristics and financial and economic activities. From June 01, 2016, all information about the activities management company must be placed in the GIS housing and communal services system. Here you will find all the necessary information. In the absence of information that is mandatory for placement, feel free to contact the State Housing Inspectorate or the Prosecutor's Office. Also, according to the Housing Code, every year in the first quarter, all owners must hold a meeting with the approval of a report on financial and economic activities for managing the house for the previous year. If such a procedure has not been carried out, then you can also contact the supervisory authorities.
Responsibilities of the management company
Here we decided to indicate what specific responsibilities of the management company in the framework of management activities apartment building. The management company is obliged to carry out all work on the maintenance and repair of an apartment building as part of the collection of funds for the maintenance and repair of housing.Responsibilities of a property management company
Responsibilities of a property management company:
- Carry out cleaning of common areas, that is, entrances;
- To carry out cleaning of the local area, and more specifically the land plot, which is located under an apartment building. If trees are located on the land, then the issue of their pruning or demolition is also within the responsibility of the Criminal Code. If the tree falls and, as a result of the fall, damages property or harms human health, then feel free to sue the management company for damages;
- Keep the facade of the house in proper condition: clean from ads or paint over graffiti;
- Cleaning of the sewerage of common house risers;
- Preparing the house for the autumn - winter period. Flushing and pressure testing of the heating system, verification of common house meters;
- Cleaning the roof from snow and ice in the winter;
- For managing organizations, this is the conclusion of an agreement with the emergency dispatch service;
- Interaction with the elevator company (if there are elevators);
- Carrying out measures for disinfection and disinfestation of basements and adjacent territory.
Responsibilities of a property management company
Responsibilities of a property management company:
- Carry out repair work to restore window frames and glazing in the entrance or technical floor in case of their absence or breakage;
- Entrances must be painted and whitewashed, they must have lighting, and overhead lighting is also mandatory;
- Repair work of the roof in case of leakage;
- Any repair work of common house property related to the provision of public services: risers of cold, hot water supply, heating or sewerage, intra-house power supply networks;
Responsibilities of the management company for the provision of public services
Responsibilities of the management company for the provision of public services:
- As a separate point, I would like to say that the management company is obliged to provide you with utilities. The fact is that when the Criminal Code takes control of an apartment building, an agreement is concluded with resource supplying organization to supply public service. In this regard, the company is responsible for the operation of all engineering systems at home. For example, if a service such as heating is provided before an apartment building, but it is not available in the house, then the management company is responsible here. The same situation is with water, sewerage, gas or electricity. Of course, if the service is not available due to the fault of the resource supplying organization, then the management company must still protect your interests and make every effort to change the situation;
- The provision of utility services to the owner of the apartment obliges the management company to carry out work to collect funds for these services and conduct claims and lawsuits;
- Ensure timely removal of municipal solid waste and large household waste. This means that the management company is obliged to conclude a contract for garbage collection;
The management company does not have the right to demand money in excess of the tariff for the above-mentioned work, and if it really does not have enough to ensure its normal activities, then it is obliged to hold an extraordinary general meeting of owners with a reduction in calculations on this issue.
If such services are not provided, then boldly, and more specifically to the State Housing Inspectorate.
But in addition to duties, the management company also has rights. It is also worth studying them so as not to get into a mess.
All of the above items are the main activities of the management company. And for their work, any organization or leader wants to receive a monetary reward.
Management company income
The income of the management company for these costs comes from the housing maintenance item. If there is such a line as home repair, then it is a plus and fees from it go to emergency work. It must be understood that the performance of all types of compulsory work requires significant finances, and we have not indicated such items as disclosure of information, performance appraisal of employees, maintenance accounting and much more.
In this case, the management company has the right to initiate a meeting of owners on the issue of increasing the tariff for the maintenance or repair of housing. The meeting must be held with the provision of a cost estimate, justification for the calculation and other arguments that may influence the decision. If the decision to increase the tariff is not made, this does not mean that the obligations of the management company are lost, work must be continued in accordance with applicable law.
The main right, as I believe, that the management company has is the absence of the need to carry out major repairs at the expense of the owners, collected under the article maintenance and repair of housing. Let's take one of the most common examples. Repair of balconies. Balconies are common property and the management company should deal with their repair. But if the balconies are in a state requiring overhaul, then they may not perform work. In this case, their duty is to take measures to change the timing of the overhaul of balconies in this house to an earlier one. This should be the case with any type of work requiring major repairs.
A similar situation and window frames in the entrances. If they are in a deplorable state, but not broken, then the management company is unlikely to spend its profits on replacing obsolete structures. And no organization can oblige to do this.
Collection of debts for housing and communal services
One of the most difficult moments in the work of any management company is debts, from which sometimes there is nothing to take from the court. Recovery of utilities is possible only through the court. Although today it is possible to limit the debtor's utility services until the debt is repaid.
Most of all, the owners are interested in what rights the management company has in relation to the owner, if he does not pay for housing and communal services.
Does the management company have the right to turn off the electricity
To find out whether the management company has the right to turn off the electricity, we will analyze two situations. If you receive a separate payment from energy company, then it means that the electricity supplier is not a management company, and therefore they do not have the right to limit this service.
If you pay for electricity with a general payment to the Criminal Code, then if all the requirements are met, about notifying you as a debtor, you can limit electricity for a certain time.
Does the management company have the right to charge interest?
If you do not pay for housing and communal services, then the management company has the right to charge you daily penalties in accordance with paragraph 14 of Art. 155 of the Housing Code of the Russian Federation, after 31 days of delay in the amount of one three hundredth of the refinancing rate approved by the Central Bank of the Russian Federation, and starting from 91 days of delay, penalties are paid daily in the amount of one hundred and thirteenth of the refinancing rate of the amount of debt.
The management company must carry out a very wide range of work in an apartment building, otherwise it may be held liable for inaction. The management company bears the same responsibility before the law as any organization. It can be both administrative and criminal liability. Main supervisory authorities that monitor the implementation of the work of the Criminal Code at the moment is the State Housing Inspectorate and the Prosecutor's Office. To a lesser extent, but also with varying powers to inspect companies, authorities local government, fire supervision, Rospotrebnadzor, police and others.
Each of these organizations has the right to impose a substantial fine on both the official and the entity for failure to comply with applicable laws. The main problem is to prove that the violation took place.
A few words can be said here about the licensing of managing organizations. After the obligation of managing organizations to obtain a license appeared, in case of unsatisfactory work of the organization, it became possible to deprive them of this license. And it seems that this should affect the improvement of the provision of housing and communal services. But let's not talk too much about this here, since only the State Housing Inspectorate has the authority to do this, and only through the courts. No one is going to deprive licenses right and left, primarily because if the house is left without management, albeit temporary, then who will guarantee that another MA will not manage even worse. Here the position of the authorities is such that the owners, having united, can re-elect their negligent management organization. And, if there is no desire to unite, then there is no point in changing anything in an apartment building either.
All the work of the management company is fixed by various legislative acts. Using them skillfully, you can achieve the performance of all types of work in an apartment building. But we must not forget that the well-being of the whole house depends on the activity of each owner of the house.
The management company is an organization that is engaged in “doing business”. To be more precise, it produces: maintenance, repairs, organization of payment for heat and light, and also conducts inspections. Can "engage" in one or more residential buildings, it all depends on the level of prestige of the company. Moreover, since recently, housing and communal services enterprises must be officially licensed, in without fail. The MC contains a structure that depends on how large the enterprise is. According to the law, they must comply with the list of duties, as well as comply with certain requirements.
Obligations of the Criminal Code under the law
The housing and communal services management company has certain rights and obligations that must be observed without fail. Those duties in the house that this or that managing organization will take upon itself at the conclusion of the contract will be spelled out in it. In this case, the contract may contain the following types of obligations:
- Conducting preparations at home for the new season, whether winter or summer.
- Utilities, their billing, repair or replacement of water supply systems: pipes, meters, as well as electrical systems.
- Both capital and cosmetic seasonal repairs.
- Cleaning of courtyards, entrances, elevators, maintenance of cleanliness.
- Organization of other repair work associated with the equipment installed in the house, for example, an elevator (if it is installed and repaired at the expense of the owners, the previous management company or the construction company)
- Registration of certificates for homeowners, provision of full reporting, as well as billing according to tariffing for utilities.
In addition, the cost of providing services by the company is also established. All this is discussed at the general house meeting of owners and tenants.
Types of management companies
Housing companies can be engaged in some of the services that were described above, it all depends on the requirements of the residents and the capabilities of the organization, so these management companies in the housing and communal services sector can be divided into types:
- Provider of all services and intermediary with resource-providing organizations.
- Being an intermediary who finds performers for all necessary services.
- Organizations for the management of courtyards, garages and premises not intended for habitation.
Responsibilities of the management company
About the responsibilities of management companies in the housing and communal services sector was described above. But what does such an organization have the right to do besides its main duties?
All services that the company is ready to provide and their prices are usually announced at general house meetings, and residents, in turn, decide whether they need it. When the owners of apartments are determined with a choice, an agreement is drawn up with the owners, on the basis of which the provision of services is carried out. In addition, managing organizations can be engaged, for example, in the removal of bulky waste several times a month.
Drawing up an agreement with the owners
When drawing up an agreement, the management company in the housing and communal services sector must indicate for its part:
- A list of all the services that she will provide to a particular house.
- Information about the obligations of the parties, rights and relations.
- Information about the house (or other object), and should be specified in detail.
In addition, the contract contains information about:
- Reports.
- Rules for the use of premises such as: attics, basements and other non-residential premises.
The contract can be changed, provided that a request is received from the owners. Changes can be associated with any clauses of the contracts.
Responsibility of the Criminal Code under the law
There are several levels of government bodies, the totality of which is in the housing and communal services sector. To do this, checks are arranged to identify the quality of work, both from the management of the house and from the local (municipal) level. This is done in order to identify shortcomings in the work and eliminate them. When there is an inspection by state bodies, they check everything from the cost of utilities to their quality and so on.
In the case when the organization does not fulfill its obligations, refuses to do so, then the conflict is resolved by imposing an administrative fine on it, as this is considered a violation according to the Code of Administrative Offenses of the Russian Federation, article 7.22 it should be 40 - 50 thousand rubles. In addition, in addition to the fine, the article provides for the suspension of the company's activities for up to 90 days.
If violations occur sanitary requirements residential premises and the organization does not react to this in any way, then you can immediately go to court. In this case, a fine of 10-20 thousand rubles is also imposed on the organization. This is beneficial for the tenants in that next time the managers will take the requests of the owners more seriously.
UK license
Housing for Federal Law No. 255 are required to obtain a license to operate. Otherwise, the organization will not be able to register. On these grounds, it can be argued that each managing organization has a license that can be obtained from:
- Housing Authority.
- Commission for licensing housing and communal services.
And for its registration, you need a whole list of papers:
- Certificate of opening a sole proprietorship or LLC.
- Tax accounting documents.
- Help from the Unified State Register of Legal Entities.
- Appointment of a director and certificates of the ability to work in this position.
And this is not a complete list, more documents are needed. Information about the license can be obtained by the name of the management company or the address of the house to which it is attached. You can do this on the public services website.
March 16, 2020 - A large housing management holding company is looking for community outreach workers. Job Responsibilities: Monitoring the state of the management of the w / f and conducting work to bring it into line with the requirements of the inspection authorities. Organization...
March 13, 2020 - PIK-Comfort is the largest management company, today it is 50 cities throughout Russia, 4,500 employees, more than 3,000,000 clients and a team of professionals in which we will be glad to see you. Live carefree. And we take care of the rest! Responsibilities: ...
March 13, 2020 - We are inviting an Accounts Receivable Specialist to the operating company. Responsibilities: Monitor current and overdue receivables. Formation of registers of debtors for objects for making a collection call with a notification ...
March 12, 2020 - The management company in the field of housing and communal services urgently needs a lawyer for a permanent job in the company's office. Responsibilities: development and approval of contracts disclosure of information on the website Housing and communal services reform in accordance with Decree 731 representation of interests in state ...
March 12, 2020 - Ingrad Group is a large investment and development company that has been operating since 2012. The Ingrad group of companies specializes in the construction of residential complexes and microdistricts of comfort and business class in Moscow and the Moscow suburbs, ...
March 12, 2020 - Purpose - Organization of work on tenders and purchases, inventory accounting for the needs of the facility under the management of the Management Company Main responsibilities: Search, order, ensure delivery of inventory, Supplies, spare parts, etc. for the current operation of real estate; ...
February 21, 2020 - Responsibilities: Work in the administrative group. Participation in inspections of control and supervisory organizations (CCS), representing the interests of managing organizations (hereinafter referred to as MA). Control over the implementation of the requirements of the KNO by the MA. Maintaining, organizing, analyzing and storing...
March 11, 2020 - Responsibilities: Maintaining FCD; Calculation of the cost of contracts for the maintenance and repair of MKD; Calculation, analysis of the cost of services; Preparation of various information (data) reports, codes, analytical materials at the request of management; Calculation, analysis...
March 10, 2020 - The Capital Invest Group of Companies traces its history back to the beginning of September 2013 and has already entered the TOP 10 largest commercial regional players in the apartment building management market. At present, our Group of Companies is confidently reaching a completely...
March 10, 2020 - For active promotion work software products for the automation of housing and communal services and energy enterprises, a promotion specialist is required. Vacancy description Big company developer software Hiring a Marketing Specialist...
March 10, 2020 - Responsibilities: - Monitoring the state of management of the entrusted w / f and working to bring it into line with the requirements of the inspection authorities. - Interaction with local self-government and supervisory authorities on issues of complaints and appeals of citizens, the state of management ...
February 20, 2020 - The management company (housing and communal services) in the accruals department requires an accountant to maintain personal accounts of apartment owners Responsibilities: An accountant is required to maintain personal accounts of owners of an apartment building and issue receipts for housing and communal services. - Keeping...
March 10, 2020 - Job responsibilities: Work with residents, resource-supplying organizations, house maintenance service, management of housekeeping personnel (security, cleaners, concierges). Primary contacts with inspection organizations and representatives of...
March 10, 2020 - Due to the increase in the volume of serviced areas, the Manager of residential complexes is required. Responsibilities: Organization of management of residential complexes in accordance with the requirements of regulatory legal acts in the field of housing and communal services; Execution against owners...
March 10, 2020 - Responsibilities: Work in the administrative group. Participation in inspections of control and supervisory organizations (CCS), representing the interests of managing organizations (hereinafter referred to as MA). Control over the implementation of the requirements of the KNO by the MA. Maintaining, organizing, analyzing and storing...
March 10, 2020 - The Manager of an object / group of real estate objects is invited to the Business Unit "Residential Property Management" of the Company. Responsibilities: Organization of the acceptance of the object into operation, Interaction with the developer to eliminate construction defects ...
March 6, 2020 - Responsibilities:. Ensuring the provision of housing and communal services to residents and maintenance of the common property of an apartment building Monitoring the maintenance of engineering general house networks and communal equipment of MKD Ensuring ...
February 19, 2020 - To the staff of the Management Company (housing and communal services, technical operation and maintenance, customer service) for a permanent job requires a deputy facility manager with the prospect of promotion to a manager. Real estate objects - apartment buildings of the category...
March 5, 2020 - Vacancy of the company: LLC "UK" ORION "Management company Responsibilities: Disclosure of information about the activities of managing organizations in accordance with the requirements of the law; Collection and processing of information for placement; Analysis of the information received, ...
February 19, 2020 - Responsibilities: Organization and control of the administrative and technical services, operational and technical department of microdistrict (Dobrograd); Interaction with authorities and other organizations on the implementation of legislation; Conclusion and control...
March 5, 2020 - Responsibilities: Maintaining the register of management companies; Monitoring the fulfillment of subordinate organizations of requirements in the field of housing and communal services in terms of choosing a method for managing MKD; Checking the completeness of the information posted in the GIS housing and communal services and ...
March 5, 2020 - Job responsibilities: Preparation of periodic reports provided for in the organization; Preparation of various information (data) reports at the request of management; Calculation, analysis of the cost of services. Accounting for commissioning expenses for each MKD, as well as for the entire organization ...
March 5, 2020 - Required work experience: 1-3 years Full-time, full-time Deputy HOA manager (management of 3 residential buildings + parking). Requirements: Higher education(technical/PGS). 3 years of experience in a management company (housing and communal services) / HOA in the position of...
February 19, 2020 - Responsibilities: Building effective communication with the residents of the serviced house -OSS -working with applications and taking measures to eliminate problems -interacting with the councils of houses -timely reporting of information 2. Organization of improvement works ...
March 5, 2020 - Responsibilities: The functionality of this employee should include: 1. Organization of uninterrupted supply of facilities with utility and technological resources: - monitoring the technical condition of facilities, prompt elimination of violations and malfunctions; - ...
March 5, 2020 - Responsibilities: Acceptance for operation of a business class residential property (over 100 thousand sq. m.); Participation and work in acceptance committees for technical examination of hidden works, individual and complex testing of equipment; ...
March 4, 2020 - Responsibilities: 1. Organization and implementation of a full range of works and services for the maintenance of MKD. - drawing up plans and monitoring the implementation of the current repair of common house property; - Coordinating the activities of the management company's...
February 17, 2020 - EXPERIENCE IN THE Utilities Sector IS MANDATORY! Responsibilities: Creating a positive image of the company in the market and in the circle target audience– holding customers, brand recognition; Participation in the generation of information occasions to obtain a favorable information...
March 4, 2020 - Ingrad Group is a large investment and development company that has been operating since 2012. The Ingrad group of companies specializes in the construction of residential complexes and microdistricts of comfort and business class in Moscow and the Moscow suburbs, ...
March 3, 2020 - Responsibilities: Calculation of housing and communal services in the specialized program 1C Housing and Public Utilities Rarus, Homeowner. formation of payment documents (EPD, debt EPD); Calculation of payments, benefits for housing and communal services to individuals; Calculation and invoicing for residential / ...
March 3, 2020 - Responsibilities: - Monitoring of current and overdue debts for payment of housing and communal services, formation of registers of debtors - Interaction with owners on issues of payment of housing and communal services, informing owners about the presence of debts, advising on...
March 2, 2020 - Responsibilities: Claim and lawsuit work to collect receivables. Representing the interests of the management company in the field of housing and communal services in arbitration courts, in courts of general jurisdiction. Preparing responses to incoming emails...
February 17, 2020 - Responsibilities: Disclosure of information about the activities of managing organizations in accordance with the requirements of the law Updating reporting forms and sending requests to structural units Collecting and processing information for placement...
March 2, 2020 - Major Russian company is looking for a Manager with experience in the management and operation of private residences and / or five-star hotels to join their team. Responsibilities: Supervise junior technical staff, permit work and supervise on-site...
February 26, 2020 - Responsibilities: Maintaining management / regulatory accounting; Formation of reports on request for management; Posting payments of owners to personal accounts; Requirements: Knowledge of software 1 C (preferably 1 C housing and communal services); Experience in generating management reporting; Knowledge of...
February 26, 2020 - Responsibilities: Organization and control of the work of the administrative and technical services of the facility, operational management of the LCD; Acceptance of the object into operation; Holding general meetings owners; Signing management contracts with tenants, meeting minutes, ...
February 26, 2020 - Responsibilities: conclusion of contracts for the supply of utility resources. quality control of services provided to residents. providing government bodies all necessary activity reports; control over the calculation of payments; taking requests...
February 25, 2020 - Responsibilities: Management of several sites for the management of residential and non-residential buildings in Moscow and Moscow Region Recruitment and training of personnel Management and development of the quality control service Implementation in the business process modern methods communications Development of methods...
February 24, 2020 - Responsibilities: ensuring the execution of business processes and standards of the Bank's work by the employees of the region (Client centers, POS business, Sales counters, Corporate channel); expansion of the Bank's presence in the region; increasing the base of partners; ...
Today, residents are often faced with the fact that management company violates their rights.
However, even more deplorable is the fact that the tenants themselves usually do not even suspect that they are being violated.
Therefore, it is worth understanding what are the direct responsibilities of the management company in the housing and communal services sector for maintenance and repair houses.
Dear readers! Our articles talk about typical ways to solve legal issues. If you want to know how to solve exactly your problem - call by phone free consultation:
Obligations of the management company of housing and communal services under the law
The activities of management companies are regulated legislation. The legislative framework, establishing the rights and obligations of the Criminal Code, is contained in Housing Code of the Russian Federation. In particular, this is stipulated in 161-162 articles.
housing code
The management company must provide residents with suitable and safe conditions residence, as well as decent maintenance of common property, solve the problems of its use and provide residents with utilities.
That's what the first paragraph says. 161 articles LCD.
His first subparagraph adds more specifics to the question maintenance of common property and gives a clearer definition.
According to him, the Criminal Code is obliged:
- Observe sanitary and epidemiological requirements and fire safety regulations, in order to preserve the reliability of the house and the well-being of residents;
- keep level security suitable for maintaining the life and health of people, keeping their possessions, as well as property state and municipality;
- Give tenants access to the use of premises and common property of homeowners;
- Observe rights and interests of homeowners in a multi-storey building, if this does not contradict the law;
- Support communication system in good condition, as well as follow serviceability of metering devices and other types of general equipment;
- Realize supply of resources necessary to provide residents with public services.
The management company assumes responsibility for the common property in a particular apartment building and for the supply of utilities, regardless of the degree of improvement of this property.
Service quality anyway must comply with government requirements and regulations, which are indicated in Housing Code.
Wherein CC is responsible not only before the state or municipality, but also directly in front of the tenants.
Also, the management company is obliged to provide tenants with access to information about its financial and economic activities, about services which it renders, and the order in which they are rendered.
She must inform tenants about costs and tariffs for all the services it provides.
AT 162 article negotiated rules for concluding an apartment building management agreement, which is between the Criminal Code and all owners of its premises. This document It is worth considering separately, since it has a fairly voluminous legislative base.
Management contract
This document can be concluded only with the Criminal Code, which has permission for such activities.
Otherwise, the organization will not meet the requirements, which are established by law, and therefore has no right to enter into such agreements.
At its conclusion, it is necessary to collect all owners housing in this building.
According to the second paragraph, the home management agreement means that the management company undertakes:
- Do your job on time, for the established fee;
- Conduct repair and provide maintenance of common property owners of premises;
- Provide them utilities;
- spend another managerial activity.
At the same time, the list of works and services that are included in the obligations of the management company must be indicated in the relevant agreement.
Sample standard contract management of an apartment building with a management company you can download.
The company must start fulfilling the terms of the agreement not later than within one month after its signing. However, if a different period is specified in the agreement, then the Criminal Code is obliged to start work within the specified date.
One month before the end of the contract, MC must submit all documentation for this house managing organization that has been selected. And also the management company is obliged to give apartment owners regular reports on their activities.
Other regulations
According to other documents, the management company must keep in good condition adjoining territory the apartment building assigned to it.
Control the fact and quality of work on the maintenance of this territory should be tenants.
And you need to follow the following:
- To ensure that the UK regularly performs house area cleaning;
- saw her off landscaping;
- In time removed all household waste;
- Installed on site playgrounds, benches And so on.
Rights
In addition to duties, laws and regulations establish the rights of the Criminal Code.
Residents also need to study them so as not to get into an unpleasant situation, violating one of the rights of the organization.
So, the CC has the right to:
- Receipt income;
- Debt collection from residents;
- Deprive tenant of a certain resource for debts;
- accrue penalties.
In fact, income management company depends on tariff to pay for her services.
The organization has every right to increase it, but only when meetings of the owners and the provision of estimates.
Of course, at the meeting the tariff increase may not be approved, in which case MC is obliged to continue to work in the previous mode. The Criminal Code has the right to collect debts, but only through the court.
However, you can do without a trial, simply turning off the supply of utilities for which the debtor does not pay.
For the last CC also has every right. It gives 354 Decree. But this is possible only if the resource is supplied to the tenant through this organization, and not directly from the resource supplying organization.
Another way to deal with debtors is the right to charge them penalties. It allows 14 paragraph 155 of the article of the LCD. Penalty is accrued from 91 days of delay.
Functions
Having dealt with all the laws and regulations that establish rights and obligations, it is worthwhile to clearly understand that all the same included in the obligations of the organization, and what is not:
If the management company does not fulfill its obligations?
Most often, the management company ignores its responsibilities for the repair and maintenance of common property.
The brightest and most frequent example – refusal to replace certain items, which are the property of all residents of the house.
Here the law is on the side of the tenants, and so you can easily change the position, holding the UK accountable.
Subsequently, she either will start working properly, or have to break the deal with her and hire other governing body.
To do this, you must perform the following steps:
- Write appeal to the CC, state your claims and ask to fulfill your obligations, according to the agreement;
- If it has not been accepted, come to the reception to the head of the Criminal Code;
- Introduce proof of non-performance of duties;
- If there is no proper response, contact housing inspection by writing the corresponding statement indicating in it their claims and links to regulations and articles. To statement worth making proof of.
Sample application to the housing inspection: download the form.
After that, ZhI will hold verification in order to identify violations. If they really exist, then The Criminal Code will oblige them to eliminate them under the threat of going to court.
The court can either force the organization fulfill your requirements mandatory, or impose fine.
Also he can put the company out of business.
What is not included?
In order not to get into an awkward situation, forcing the Criminal Code to do something that is not part of its duties, you need to know what actions it may not perform:
- Garbage removal;
- Carrying out emergency repairs, if this is not necessary;
- Purchase of a new coolant;
- felling of trees in the local area;
- Intercom repair;
- Lighting of the adjoining area;
- Installation of a video surveillance system;
- Home territory decoration.
Management companies have their own set rights and obligations, according to the law and documents.
If these rules are violated, the organization may either lose a license or pay fine. However, this requires that the tenant notice the violation in time and contacted the appropriate authority.
