Management company term. Publication Analytics

Most modern holdings, even small ones, have a management company in their structure. It plays the role of a kind of headquarters, in which the most important decisions regarding strategic development company, and sometimes operational management. When creating a management company, one should clearly understand the goals of creation, the structure, as well as the specifics of its use.

The term "management company" in modern management practice is used quite widely (see table). Let us consider in more detail the features of the use of management companies in Russian conditions in the context of the presented classification.

Purpose of creation

Legislatively, the concept of "management company" is defined only for the purposes of managing property in investment funds, credit, leasing companies 1 and managing funds of non-state pension funds 2. It is these companies that manage investment funds.

For these purposes under management company understood entity, created in accordance with the legislation of the Russian Federation and licensed to carry out activities for the management of investment funds, mutual investment funds and non-state pension funds. However, in our article we will not talk about these management companies. Investors working with enterprises in the real sector of the economy also create such companies to manage their investments. This allows you to effectively control dependent and subsidiaries, as well as consider them as a separate investment project. It is about management companies in real holdings that will be discussed. At the same time, if enterprises are acquired for the long term, not for the purpose of resale, and are transferred under the control of a management company, then we should already talk about the creation of a management company to manage the holding. This is the most common purpose of using management companies today. The functions and forms of the management company are determined by the specifics of the holding's work and the goals set by the business owners. The management company allows you to quickly control the activities of enterprises included in the holding structure, in particular, track financial flows and expenses, optimize the process of interaction between enterprises with each other within the holding, and also take effective management decisions. Sometimes the management company in the holding performs a number of general corporate functions ( financial management, marketing, supply, sales), which allows you to save on the number of employees performing these functions separately for each enterprise of the group.

A management company can also be created to be used for the purpose of alternative participation of partners in the business if they cannot directly or do not want to be the owners of the business, but wish to control it and take part in the management.

Personal experience Denis Ivanov
General Director of Financial Reserve CJSC (Moscow)
In one of the regional business projects of the Rosneftegazstroy company (in which I worked earlier), the regional administration acted as a partner. She could not finance the project, but she wanted to participate in the management. How to ensure the interests of the administration without giving it the proper amount of shares manufacturing enterprise? We created a management company where the administration had a "blocking stake" of shares and thus participated with us in managing the business. But at the same time, it does not participate in the profit of the production enterprise, and in the event of the sale of its shares or liquidation, it will not participate in the division of property.

Relation to the control object

To manage the business, you can create an affiliated management company or involve a specialized external organization that has nothing to do with the managed enterprises, as well as their founders or management. The choice of one or another form of management depends on the specifics of the business and the goals pursued by the owners.

Usually, an affiliated management company is the parent company in the holding and carries out its management activities on the basis of the charter. This is fraught with the fact that in critical situations, it is the parent company, in which, as a rule, the main assets of the holding are concentrated, that will bear the risk of liability for inefficient management to the shareholders of subsidiaries, as well as, possibly, tax liability to subsidiaries. In practice, sometimes a formally independent enterprise is created, but in fact it is affiliated, which performs management functions and is united with other enterprises of the group by management agreements 3 .

Personal experience

Alexander Molotnikov
Vice President, Head of the Department for Legal Support of Transactions of Verdict Group LLC (Vladimir)
Under the law, the management company is liable for losses caused to the managed company 4 (in this case, a subsidiary). If other persons participate in the capital of a subsidiary, in addition to the parent company, then any minority shareholder owning at least 1% of the shares may file a claim for damages with the parent company of the holding. Such a situation may arise, for example, if the parent company, in its own interests, decides to “bankrupt” one of its subsidiaries.

Recently, companies engaged in "management" professionally have become widespread in the service market. Such enterprises declare that they have selected specialists-managers with extensive experience and knowledge in various industries and regions. Attracting such a company can be beneficial, in particular, for the management of investment projects, which were mentioned earlier.

Tax liability of the management company

In accordance with paragraph 1 of Art. 27 of the Tax Code of the Russian Federation "legal representatives of a taxpaying organization are persons authorized to represent the specified organization on the basis of the law or its constituent documents." The management company has the right to pay taxes (from the funds of the managed enterprise) and to represent tax reporting on his behalf, as well as perform other actions provided for by tax legislation. In this case, the head of the management company will sign the tax reporting.

It should be borne in mind that the actions (inaction) of the management company as a legal representative of the managed enterprise can be recognized as the actions (inaction) of this enterprise 5 . Therefore, responsibility for tax offenses committed during the period of the management agreement is assigned to the managed enterprise. For example, when accruing penalties and fines, the managed enterprise has the right to recover losses from the management company if the guilt of its actions (inaction) is established 6 .

Personal experience
Denis Ivanov
We tried to manage projects using both our own and an external management company. An external company, as a rule, must specialize in a particular type of business. Because when a different business is transferred to management, such as construction and Agriculture, a non-specialized management company may not be able to cope with this task. After all, management style depends on production process, turnover of funds. And the work is built in completely different ways depending on the timing of the turnover of funds (5 days, 40 days or 3 years).

Ivan Dudanov
Chairman of the Board of Directors of the management company "Selkhozinvest" (Kaliningrad)
We have had management experience external enterprises, which are not our child structures. In my opinion, the average period for which it makes sense to conclude a management contract should be five years. The fact is that companies transferred to management are often in a deplorable state, and it takes time to correct the current state of affairs. The conclusion of the contract for the provision of management services was preceded by a comprehensive analysis of the enterprise. This was necessary in order to clearly define the results to be achieved by the management company. For example, we conducted a survey of the enterprise, which showed the following. At the time of the conclusion of the contract, the enterprise gives 100 thousand US dollars of profit per year, and with proper management this figure can be increased to 300 thousand US dollars. The management company's remuneration in our case included stable payments and a percentage of the increase in profits.

It is also beneficial to use an external management company if it is necessary to limit the degree of influence on the management of a business partner. It is possible to jointly determine the strategic plan and budget, which will be executed by the management company, while none of the partners will interfere in operational management business.

Nominal or real management company

A real management company can be seen as a way legal registration relationship between business owners and managers. Thus, when buying enterprises in the regions, investors often face the problem of building relationships with local management. Sometimes it is impossible and inappropriate to change the local director, who has his own shares and influence on the team, useful connections with local administration and tax authorities. At the same time, such a manager does not always make economically correct decisions. In this situation, the head can be included in the staff of the management company, which will somewhat weaken his influence in the enterprise and, if necessary, remove him from management (without the costly and time-consuming procedure for a shareholders' meeting).

Personal experience

Denis Ivanov
In such a situation, it is really important that the functions executive body is performed not by any person, but by the management company - a legal entity. The Rosneftegazstroy company had a joint venture with German partners, which was managed according to the same principle. German partners have brought equipment to the company and do not leave Germany. And holding an extraordinary general meeting of shareholders, for example, in order to change a local director, was very problematic.

The presence of a management company made it possible, without holding a general meeting at a joint venture, to actually change the director, because it was written in the company's charter that the functions of the executive body were performed by the management company (legal entity). The director of this company is appointed by its shareholders, whose composition is different from the composition of shareholders joint venture and decision-making procedures are simpler and faster.

A nominee management company is created when the real owners, for some reason, want to hide their participation in business management. Such a company, as a rule, is registered with nominal owners in order to disguise the relationship between them and the real owners of the business. Also, a nominee management company allows you to get some tax advantages or bypass a number of legal restrictions. For these purposes, nominee management companies are often registered in preferential taxation zones (offshores).

Unlike a nominal management company, the creation of which is meaningless without proper legal registration, the relationship between a real management company and the enterprises controlled by it is sometimes not registered in any way. The employees who are part of the management company organized in this way are on the staff of the enterprises transferred to management. The creation of a management company without forming a legal entity is advisable only if it is formed as a real management body for the holding's enterprises, which is completely controlled by the business owners. This approach allows you to create effective tool management and avoid the costs associated with the formation and operation of a new legal entity (registration, maintenance accounting etc.).

Management company structure

The structure of the holding management company depends on the functions that are transferred to its competence, as well as on the scale and number of enterprises controlled by it. Based on a survey of financial managers of holding companies, as well as an analysis of available business cases, two typical structures of management companies can be distinguished (see figure).

In the first case (figure “a”), the management company takes on the largest number of functions that are not directly related to production: marketing, finance (including accounting and tax accounting), legal support, document management, administrative and managerial functions. Auxiliary and non-core divisions are also part of the management company. Managed companies perform mainly production functions. If in the process of enterprise development it becomes possible to single out an auxiliary or non-core division as an independent enterprise, then it is separated from the management company. The criterion for such a selection may be the ability of the division to independently provide services in the market.

The positive aspects of this structure is that the management company has the ability to fully control the property of the holding, cash flows; the control over observance of corporate standards is simplified, the staff of administrative workers is reduced.

Such a structure can be effective when the holding includes several small and medium-sized enterprises with a small territorial distance from each other and from the management company. However, if the holding has a complex structure (consists of several holdings or large companies), or the enterprises that make up it are significantly removed from each other, then the complete centralized management becomes inflexible, decisions are made for too long, and in the process of bringing it to the executor, they can be significantly distorted.

In the second case (Figure "b"), the management company performs only a number of functions related to the management of the holding. These may include guidance, strategic planning, substantial investment, control financial results, development of corporate standards and others.

b)

Picture. Management company structure

All other functions are performed directly in the managed enterprise. Such a management company is effective if the holding includes large enterprises with a complex internal structure, if the types of business of enterprises within the holding differ significantly from each other, or if the enterprises are significantly removed from each other. With such a structure of the management company, it can be difficult to control the “corporatism” of enterprises, since employees of managed enterprises cease to associate the enterprise in which they work with part of the group and consider it independent.

Personal experience
Pyotr Feoktistov
General Director of Molten (Moscow)
To the advantages of using the management company as a body strategic management can include the following. On the one hand, the management company gets the opportunity to redistribute resources within the holding, and on the other hand, controlled enterprises retain the necessary and sufficient degree of independence in decision-making. In other words, the management company does not interfere in the operational activities of the enterprise.

Olga Kuzmina
Head of the financial department of Lex Management Company LLC (Tyumen)
The most important element in the financial management system is financial planning, which includes budget planning for the activities of each managed company and consolidated budget planning for all such companies. The board of directors exercises spot control over the implementation of established budgets. The current item-by-item control over the execution of budgets is carried out by the financial director of the management company. It endorses all payments made by managed companies.

Ivan Dudanov
In the structure of the management company, the following main blocks can be distinguished: industry departments, financial service, security service, legal service. The sectoral department directly manages the activities of controlled enterprises specializing in one type of activity. The industry department includes Executive Director- the manager who performs the functions CEO; supply specialist; Sales Specialist and Human Resources Manager. Each department makes decisions within the established budget. The financial service consolidates data on all enterprises controlled by the management company, distributes cash flows between companies, controls the implementation of established budgets. The legal service resolves legal issues related to the activities of both controlled enterprises and the management company.

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 major 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 home.
• 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 government agencies, 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 a check by state bodies, they check everything from the cost 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.

Popular management companies in Russia

From this article, it became clear to the majority what management companies are, what they are for. What are their responsibilities and what are their responsibilities? The link provides a list of management companies that have the highest ratings in all regions:

A management company is an organization that is hired to manage some property in trust. The property most often is a house, cash and even large enterprises. Such a management system differs from direct control, when all decisions are made by the owner and are responsible for them. The management company often does not bear any responsibility, or bears, but to a limited extent. Therefore, before contacting such an organization, you should study the features of this method of management.

What is

The management company is a specialized institution that performs management functions in various areas economic activity. In Russia, this concept is often used to mean companies involved in the management of the housing and communal services system. AT economic theory, this term has a broader concept. AT entrepreneurial activity management companies managing companies not related to the provision of housing and communal services - and this is a very common phenomenon.

One of the features of such companies is that they can be created in one of the existing Russian legislation enterprise form. The choice of one form or another depends on the size and scope of the company. So, in the field of housing and communal services, management companies are often created in the form of an LLC or in the form of a partnership of owners. In the first option (LLC), management is carried out by a specialized organization, in the second - by the owners themselves.

Types of management companies

Regardless of whether it is a PJSC, a partnership or an LLC, management companies are classified by field of activity, form of enterprise, size and composition of participants. Thus, the following types of management companies operating in Russia are distinguished:

• building maintenance companies;
• mutual investment funds, trust management of the investor's assets;
• management company providing management services for firms and enterprises.

The most widespread are companies engaged in the management of housing and communal services. This is understandable, because there are much fewer enterprises in the country than residential ones. apartment buildings. Other types of management companies are firms that offer related services to businessmen and investors. Their main task is to manage the assets of their clients.

Management companies of housing and communal services

They are engaged maintenance and renovation of apartment buildings. Perform important tasks such as:

• improvement of adjacent territories;
• collection of payments from residents of the house and payment of utilities;
• hiring workers to perform construction and repair work;
• inform about changes in tariffs;
• cleaning and repair of entrances.

Area management companies act as an intermediary between utility providers and residents of a serviced home or homes located in a particular area.

State regulation of housing and communal services management companies

In accordance with the Housing Code of the Russian Federation, a management company must not only be self-sufficient, but also make a profit. That is, it exists only on funds received from residents, as well as from other types of entrepreneurial activities that are not prohibited by law. For example, renting out some premises or providing advertising space.

The money raised is used to improve the home. But even the funds of residents and income from renting out a place for rent or for advertising may not be enough to maintain it. Most of the housing stock of the Russian Federation is in a sad state. Many houses no longer make sense to repair, and there is nowhere to relocate the residents. But people continue to live in such houses and pay for services. This is not always the fault of the management company. This may also arise because no one managed the apartment building before, or managed it inefficiently, or the money received was simply stolen.

Responsibilities of management companies of housing and communal services

The obligations and rights of management companies are to carry out maintenance activities for the building at the expense of payments from those living in this building. It includes:

• Regular inspection and repair of the building: roof, elevators, entrances. To do this, the company must employ appropriate specialists or draw up contracts with other companies providing the services of such specialists.
• Cleaning of roofs, rooms and territories adjacent to the building.
• Ensuring the fire safety of the building. That is, this includes payment for the services of inspection departments, installation and maintenance of fire safety, and the purchase of fire extinguishers.
• Ensuring access to utilities for all residents of the serviced building.
• Informing about the amount of tariffs and payment terms, raising funds for utility bills.
• Report on the work done to their clients: where, for what purposes and to what extent the funds were spent or are planned to be spent.
• Preparing and holding community meetings.
• Search for sources of additional income. For example, renting premises, advertising space;
• Building depreciation.

Management companies in Moscow, St. Petersburg or any other city can also conduct construction works. For example, the construction of an attic or another floor. But they have the right to carry out such events only with the full consent of all owners and only after the issuance of permission to make changes to the building structure from the relevant state department.

Forms of enterprises of management companies

Regardless of the field of activity in which management companies operate, they can be organized in the form of PJSC, LLC or partnership. In the form of PJSC and LLC, there are companies that are engaged in investment activities or provide management services to private entrepreneurs, firms, and enterprises. Also, in the form of an LLC, a management company manages housing and communal services. In the first case - tenants hire a third-party company, in the second (partnership) - management activities they do it themselves.

Disadvantages of managing management companies in the housing and communal services sector

The management company is liable only to its clients, to whom it must report annually on general meeting tenants. Theoretically, this should happen throughout the territory of the Russian Federation, in practice, the situation is somewhat different. In reality, it is very difficult to gather all the tenants on one day. In addition, many managers of such enterprises are in no hurry to report to the residents, since it is unprofitable for them.

Most of the housing stock in Russia is in dilapidated condition, so in major cities, receiving large amounts, company managers do not invest the funds received in buildings, but prefer to spend them on their own needs. For example, management companies in Moscow and other large cities often behave in this way. The problem with management companies in the housing and communal services sector has existed since the law on management companies was adopted, and the problems with fraud in this area have not been resolved.

How to change the management company of housing and communal services

If the management company does not fulfill its obligations, does not respond to the requirements of customers, then they have the right to terminate the contract with it and conclude a new one, but with another company or organize a homeowners association.

Theoretically, in order to terminate the contract, it is enough to submit an application to the management company or the court with the signatures of all or almost all owners and a package of documents. The contract must be terminated within two weeks.

In practice, things are quite different. A lot of money is circulating in the housing and communal services sector, and therefore there are too many unscrupulous managers who, using loopholes in the laws, receive excess profits due to inflated tariffs and the almost complete absence of expenses for maintenance and repair of the house. However, they do not seek to leave a profitable occupation. Sometimes it happens that the head of the LLC manages the management company even if there is a court order to revoke the business permit and continues to work.

Investment management companies

Investment management companies are organizations that are engaged in trust management of investors' capital. The essence of such management is that investors buy either shares in an investment portfolio already created by specialists, or instruct a specially hired professional trader to purchase the relevant securities.

Using an investment management company has its pros and cons. The advantage is that all trading operations, market and transaction analysis, will be done by a person who has great experience and enough high level competence in this field. This reduces risk and saves time. The disadvantage of such companies is that they charge a high percentage of commission. In addition, no one gives a 100% guarantee that the invested funds will remain safe and sound or that income will be received from them.

Responsibilities of Investment Managers

The responsibility of the head of the LLC is to manage the management company. It must publish annual and quarterly reports on its work, as well as any information relating to customer accounts. The main duty is to try to preserve and increase the clients' capital, to ensure the stable growth of their assets.

How to choose an investment management company

When choosing, you should pay attention to the experience of the company, reviews about it, financial indicators. Particular attention should be paid to the presence / absence of the auditor's report and its content attached to financial reporting. Typically, capital management services are offered by large banks and investment funds. The main condition when choosing a management company is that its period of operation on the market is at least 10 years.

Management companies for enterprises and firms

There are two types of such management companies. Either a separate company is hired, or there is a department of the enterprise that performs this function.

In the first case, the owner hires an external company, in the second case, the management is located in one of the departments of the enterprise in the form of PJSC or LLC, from where it manages. The management company, in fact, is the center from which the entire network of enterprises is managed. For example, The Coca-Cola Company has soda production facilities around the world, but is managed from its head office in the United States. It is here that decisions are made about what, when and how to produce. Plans are being made to expand production. All accounting information from all enterprises also flocks here for analysis and development of management decisions.

Managers of the second type are resorted to in rare cases, and such a measure is considered forced. The services of such companies are resorted to in cases where the enterprise is in crisis or when the owner is forced to dismiss the manager (or he quit himself), but at the same time it is not possible to replace him immediately. Enterprises need external management and this quality management should be higher than internal.

Advantages and disadvantages of managers

External enterprise management or management from one remote center has its advantages and disadvantages. On the one hand, highly qualified specialists work in such management companies, on the other hand, these specialists cannot always determine what is needed to solve the problem that has arisen. They are not in the enterprise, they do not work at it enough for a long time, and on the basis of one financial statement, it is not so easy to determine the cause of the crisis and find a way out of it.

One of the most significant shortcomings of management companies working at the enterprise is that decisions are made with a delay. Such management can be effective only in two cases: when the enterprise is just opening or is already at the stage of bankruptcy.

In the first case, the management company creates a management system by which the enterprise will operate. In this case, the management company is an example of how the enterprise should be managed in the future. In the second, the work of the management company is reduced only to finding funds to cover current debts and only then to the development of the enterprise. At the same time, they must work together with the owner to save the enterprise.

With the exception of these two cases, the services of management companies will only lead to undesirable costs, a decrease in the quality and speed of decisions made.

Management companies do important role in the process of managing enterprises engaged not only in the field of housing and communal services, but also in other areas of entrepreneurial activity. Despite the disadvantages, in some cases hiring a management company is the only way to improve the situation.

Residents of apartment buildings do not always know the full range of duties assigned to the management company.

The standard wording “services for the maintenance and repair of housing” actually includes a very wide range of works and services.

And due to the ignorance of the owners of residential premises, unscrupulous management companies do not always fulfill all their obligations In front of them.

Then the residents apartment building there is a misunderstanding about where the considerable sums are spent, regularly sent to the address of the organization that manages.

To avoid such questions, you need to clearly understand what exactly is included in the concepts of “home management” and “housing maintenance”, as well as know how you can control the fulfillment of the duties of the management company in the housing and communal services sector.

What is a management company?

The management company is a legal entity.

The main activity of such organizations is the provision of services for the maintenance of common house property, the organization of uninterrupted equipment necessary resources and maintaining an appropriate level of technical and sanitary condition.

Management companies are divided into three types:

• managers;
• hybrid;
• operational.

Managing organizations independently engaged only in the management and maintenance of common house property. For technical and sanitary maintenance, as well as provision to residents, they involve third-party organizations and persons on a contractual basis.

Hybrid companies independently carry out management, operation, ensure proper sanitary and technical condition, provide utilities and other services.

Operational work on the basis of a work contract concluded directly with the apartment owners or represented by the board or . They provide services for the operation, as well as the technical and sanitary maintenance of an apartment building.

What regulates the work of the Criminal Code?

The list of normative acts regulating and regulating the work of managing organizations is quite extensive.

The main ones are:

Rights and obligations of the Criminal Code

All rights and obligations for the maintenance of an apartment building assigned to the management company can be divided into two categories:

• work on the operation and implementation of repair work;
• organizational and managerial services.

To maintenance and repair work relate:

Under organizational and managerial services means:

1. Provision and control.
2. Identification of unscrupulous tenants, and citizens using resources bypassing the installed accounting devices.
3. Interaction with enterprises responsible for utilities and control of their proper quality.
4. Storage and ensuring the integrity of technical and other documentation for an apartment building.
5. Accounting for residents of the house, including those living on the basis.
6. Organization of meetings of tenants, providing a report on the work done. Such meetings must be held at least once a year.
7. Bringing to the new owners.

In turn, the managing organization has the right:

How is the work of the UK organized?

There are two options for organizing the maintenance and management of an apartment building.

First option when the management company actually consists of a leader and a group of managers. They solve organizational issues, make some decisions, solve current problems.

And for the implementation of repair work, cleaning of common areas, maintenance of common property and other works, third-party organizations are involved.

At the same time, the management company is responsible for all the services rendered by them and the work performed.

With the second option the organization fully assumes all responsibilities for management, maintenance and operation.

To do this, the company should provide for a wider staff of workers, as well as the availability necessary equipment and technology. But at the same time, the implementation of work is subject to more thorough control.

Reporting to tenants

The procedure for reporting the management company to the owners of residential premises is strictly regulated by the provisions of the Housing Code of the Russian Federation. According to it, the governing body required to submit such report annually. before the end of the first quarter of the year following the reporting year.

other terms and conditions may be established.

The report should be as complete, comprehensive and comprehensive as possible. It should reflect the state of all the main indicators of the company's housing maintenance activities during the year. He also should contain a work plan for the coming year aimed at improving living conditions and landscaping.

The report must be submitted to the owners for approval at a general meeting of tenants.

Control of residents over the activities of the Criminal Code

Since the owners of residential premises personally or through the board hire a management company to provide specific services on a reimbursable basis, it is natural for the tenants to want to control the quality of the services provided to them.

This right is granted to them by the Housing Code of the Russian Federation.

Residents have the right to control:

Dispute Resolution

Unfortunately, the statistics are such that residents are far from always satisfied with the work of the company entrusted with the management of the house. And the companies themselves, exercising management, do not always conscientiously treat their duties.

The reasons for the dispute with managers can be different. For example, failure to provide services specified in the contract or failure to perform current repairs.

In any case, if the management company does not fulfill its obligations start with peace talks and first of all contact her management and try to find out the reasons.

If such actions did not lead to anything, then you can not do without contacting the relevant authorities. These include:

• Rospotrebnadzor;
• Housing inspection;
• courts.

But in any case, you need to start the appeal with the management company itself. To her address must make a written complaint with an indication and a detailed description of all outstanding obligations or improperly provided services.

If there was no response to the submitted claim, it makes sense to contact Rospotrebnadzor and the Housing Inspectorate. These organizations are competent in resolving contentious issues relating to.

If, during the resolution process controversial situation more serious violations in the maintenance and operation of the house were found, it is necessary to to the prosecutor's office or to the judicial authorities to send an appropriate application to the management company, the sample of which does not have a strictly approved form.

The obligations of the management company for the maintenance of housing and the management of the common property of the owners of an apartment building are a rather heavy burden. Such work has many subtleties and nuances.

Apartment owners must clearly represent the entire process and procedure for organizing management. Only then will the services of the managing organization be provided in full and of proper quality.

Video: What to do if the Criminal Code does not fulfill its obligations?

The report tells about an experiment conducted by the administration of the Republic of Yakutia. In order to combat the dissatisfaction of residents with the work of the Criminal Code, the authorities decided to conduct a rating based on the performance of these organizations.

Now it will be much easier for residents to decide on the choice of an organization to be entrusted with the management of an apartment building and avoid disputes with the management of the management company and the poor quality of their services.

It's no secret that in human nature at all times the desire for comfort has been laid down. Each of us, returning home after labor day, wants to see a clean courtyard and entrance, go up to his apartment on a serviceable elevator. To turn all these desires into reality, the owners need to decide on the choice of a management company. Where to apply? Will the services provided be of high quality and what to do in case of disappointment? Before answering these questions, it is necessary to understand the very concept of "managing organization".

So, the managing organization (housing and communal services) is a legal entity to which the owners of apartment buildings are entrusted with the responsibility for their maintenance, namely the timely and guaranteed maintenance of cleanliness in the entrances and the surrounding area, ensuring the serviceability of all engineering networks and structures. Simply put, this is a person or group of persons who manages an apartment building.

Relations between homeowners and the management company are built on the basis of an agreement concluded between them, which specifies the rights and obligations of the parties. Its legal definition is given in Part 2 of Article 162 of the Housing Code of the Russian Federation. So, under an apartment building management agreement, one party (managing organization) on the instructions of the other party (owners of premises in an apartment building, management bodies of a homeowners association or management bodies of a housing cooperative or management bodies of another specialized consumer cooperative) within the agreed period, for a fee, undertakes to provide services and perform work on the proper maintenance and repair of common property in such a house, to provide utility services to the owners of premises in such a house and to persons using premises in this house, to carry out other activities aimed at achieving the goals of managing an apartment building .

Thus, the management company, within the agreed period and under certain conditions, must ensure the repair and maintenance of the house, and the tenants, in turn, have the right to:

— receipt of information about the services rendered (certificate of work performed) within five working days from the date of the request;

– checking the quality of the services provided through the examination;

- elimination of the consequences of poor quality work.

It is important to note that the managing organization is responsible for the performance of its duties in accordance with the law. Russian Federation. If you doubt the correctness of your choice, you can always use your legal right to change the management company. It is most convenient to do this at the time of the expiration of the contract (it usually ranges from 1 to 5 years). If the deadline for such an opportunity is long, and you are not satisfied with the work of the manager right now, you need to terminate the contract. Usually, the procedure and conditions for termination are prescribed in the document itself - then there will be no problems. If your contract does not provide for this, it is necessary to take measures prescribed by law, for example, create an HOA. This decision, according to the Housing Code, entails the termination of the contract with the objectionable manager.

In fact, it is quite difficult to unleash relations with an unscrupulous managing organization. Here, the judiciary or consumer protection societies can come to the aid of residents. In addition, there are private firms that are ready to save owners from any problems in the housing and communal services sector for an impressive reward.

Obviously, whether to apply for services to a management organization or not is a moot point, in many respects also because of the increasing cases of fraud. Basically, it is expressed in the fact that the money transferred to pay utility bills does not reach the resource supply companies. By abusing the trust of citizens, the manager can spend the population's money for his own needs for quite a long time. Such stories end rather sadly: the residents suffer exorbitant losses, and, as a rule, there are no endings. In this regard, regional authorities are increasingly launching programs to create unified settlement centers. Residents of those regions where such sanctions have not been made should approach the issue of choosing a manager more carefully, or completely abandon it.

Is it worth it to enter the HOA?

So, if you still decide to apply for the services of a management company, you should consider all possible options. As mentioned above, tenants are given the choice of a second party when concluding an agreement with a manager: these are either the owners of the premises themselves, with each of which an agreement must be concluded on equal terms, or a homeowners association (HOA) or a housing cooperative (LC). This method of management is elected by the tenants at the general meeting. In this case, the partnership itself will interact with the management company through its bodies, performing, in fact, the role of an intermediary. From now on, residents will make all important decisions together. It should be borne in mind that the method of management can change at any time by the decision of the owners themselves.

You can answer the question of whether it is worth creating an HOA by weighing all the pros and cons of this provision. Among its obvious advantages is that you can always take part in making decisions on the management of common house issues, because the partnership is obliged to take into account the opinion of the residents. However, it may happen that the advantage is not in your favor - in this case, you will have to put up with the position of the majority.

We must not forget that there is another option - it manages on its own, without turning to the help of the HOA or the managing organization. If residents show an active civic stance and a passionate interest in the life of their home, then almost certainly everything will succeed, and cleanliness and order will reign in the entrances. However, knowing the mentality of our citizens, one can imagine what lack of initiative usually leads to in managing, say, a 100-200-apartment building. In such a situation, organized control by the HOA can become a guarantor of any noticeable order in your home.

Another important and positive feature of the introduction of the HOA is the receipt of the legal right to conduct any type of economic activity, and as a result, to receive income from it. What does it mean? And the fact, for example, that members of the partnership can make minor repairs on their own, without attracting a paid labor force from the side. In addition, if the house has free non-residential premises- basements, for example, or facades suitable for advertising, tenants on behalf of the partnership can rent them out. The funds received can be used to improve the local landscape and other common areas.

One of the main repulsive factors in creating an HOA is the need to pay membership fees. It is due to the fact that the work of members of the partnership, as well as the services of accountants and lawyers involved, must be paid. Thus, it becomes obvious that if you want to get competent management of your property, you must be ready to pay extra for these services or take full responsibility for managing it.

An unpleasant fact is that some members of the HOA, like the heads of management companies, do not always fulfill their duties in good faith. So, in January of this year, the Yuzhno-Sakhalinsk City Court opened a criminal case against the chairman of one of the HOAs, who stole and squandered money belonging to residents of two apartment buildings. As it turned out during the investigation, the defendant rented out the property of the house without the knowledge of the owners, and transferred the proceeds to the account of his company and spent it on purposes not related to the management of common property. And, unfortunately, there are enough such cases in different regions of our country. Guided by all of the above, it remains to be emphasized that the process of choosing a way to manage property is an unpredictable and serious matter, in which the responsibility lies with each of us.