Despite the fact that now they are actively making changes to the Russian legislation on monitoring the activities of management companies, the number of complaints against them from residents apartment buildings does not decrease. These management companies were created specifically for the maintenance and repair of residential buildings. This is their direct duty, which, unfortunately, is not always performed in an appropriate manner. Residents have the right to change an unscrupulous company.
The legislation establishes a certain procedure for changing management company. Therefore, residents will have to act in the prescribed manner:
- Determine if there are valid reasons for changing companies.
- Homeowners should create an initiative group that will take responsibility for dealing with this issue on behalf of all residents.
- The initiative group must request from the management company all the necessary contracts with utilities and other services that provide services and work to this house.
- Prepare an information leaflet on the convening of a general meeting of all tenants in order to resolve the issue of changing the Criminal Code.
- Hold a general meeting of homeowners.
- During the meeting, you also need to choose a new UK.
- Properly draw up the minutes of the meeting, draw up several copies of it.
- Transfer the completed minutes and signed by all participants of the meeting to the old and newly selected company.
- Renew the contract with the new selected company.
In general, the procedure should be like this. But in reality it is not so easy to implement. Because not every company will allow you to voluntarily refuse it. In this case, the issue will have to be resolved through the courts. Therefore, it is important to comply with all mandatory points and sequence of actions. All documents must be properly formatted.
Reasons for change
Initially, there must be good reasons for changing the management company, which are determined by the legislation of the country. First of all, all the obligations of the company are spelled out in the contract. Accordingly, if she does not fulfill her obligations under the contract, this fact will be a good reason for terminating the contract.
This also includes those cases when the company fulfills its obligations in violation of the established deadlines or the work is performed of inadequate quality.
The general conditions for terminating the contract under the law are:
- expiration of the term of the contract with the Criminal Code;
- in case of non-performance of work and non-provision of services that must be performed on the basis of a signed contract;
- hiding their activities from the residents of the house;
- violation of deadlines for the performance of mandatory work;
- the provision of services is not in full;
- provision of services and works of inadequate quality.
If at least one clause of the contract is not fulfilled, the apartment owners have the right to decide on the unilateral termination of the contract.
It is important to know that the maximum term of a signed contract can be no more than 5 years. Accordingly, the chance to change the Criminal Code arises every 5 years. However, it is practically impossible to terminate the signed contract earlier than 1 year from the date of its signing. This is due to the fact that this period is given to the company in order to become aware of all the affairs, analyze the current situation and outline the primary needs of the house.
Also, for this, a certain budget must be drawn up, due to which all work will be paid. If 1 year of the company was not enough to figure everything out and begin to fully fulfill their duties, then the tenants get the right to change it.
Training
Among the residents of the house there are always the most active citizens who show a desire to change and improve something. It is these initiators that need to be elected to the council at home. It is important that the initiators are only the residents of this apartment building otherwise, the management company may refuse to negotiate with such a person.
The initiative group should check the activities of the company in relation to their home. To do this, you need to request the following papers from the Criminal Code:
- The contract itself with the UK.
- Signed acts of works and services for the last year.
- Inspection acts engineering networks entire house in the last 2-3 years.
It is important to compare the availability of all documents at the end of the reporting year for the work performed. If there are no certain documents, then the Criminal Code is obliged to restore them in the near future from the service provider who carried out the work.
If the documentation has reason to doubt the legality of its actions, and obvious violations of the law or the signed agreement have been identified, then you need to make copies of these documents and proceed to change the Criminal Code.
Meeting
The meeting of tenants is a very responsible business. Be sure to place information leaflets in the most prominent places of each entrance of the announcement about the date, time, place, and agenda of the meeting. This must be done 10 days before the meeting. You can also distribute it personally to all tenants under the signature of the notice. There must be documentary evidence that all residents were properly notified of the meeting.
During the meeting, the initiated group must announce the agenda of the meeting, tell the residents where and how their rights are violated, and propose a change in the Criminal Code. In this case, it is best to put forward this point with 2 questions:
- Cancellation of an existing company.
- Choosing a new company
Further, by voting, each of the issues put on the agenda of the meeting is resolved. To make a decision, more than half of the residents of the house must participate in the vote. And to make a specific decision, more than half of the residents participating in the meeting must vote.
When choosing a new management company, the initiative group itself has the right to choose a list of works and services necessary for this house. But it must comply with housing legislation, which contains a list of mandatory work.
After the decision is made, the meeting ends with the execution of the minutes. It must be drawn up in accordance with all established standards and signed by all participants in the meeting.
Informing the Criminal Code
After making a decision and drawing up a protocol, this document must be sent to the current management company and the newly selected company. From the moment of informing the Criminal Code and until the termination of the contract, 30 days must pass. This time is necessary for the company to transfer all the technical information and documents of the new management company.
If the previous company refuses to transfer documents, then the new UK has the right to sue it.
It is also possible that the current Criminal Code will offer to renew the contract and continue work, taking into account the wishes of the residents. In this case, they may agree and try to give her a second chance.
In any case, residents need to conclude a new contract with a new or previous management company as part of the final decision. This contract should include only the list of works and services that are mandatory and necessary. If desired, residents can add additional services and works that they need.
The drawn up agreement is signed by all the tenants of the house and on the basis of this agreement the Criminal Code begins to fulfill its obligations. At the same time, it is necessary to send a notice to the bank about the change of the Criminal Code. In payment documents, residents should receive the details of the new Criminal Code. Before paying the receipt, this must be checked, as there are often situations when the details of the company have not been changed and cash did not go to that account.
If tenants of an apartment building are dissatisfied with how their home is cared for, how essential services are provided and work is carried out, this should not be tolerated. You need to know that everyone has the opportunity to choose their own management company, as well as create their own HOA or TSN. This is the right of the tenants of each house, and it is up to them to decide how they will organize the care of their home.
Each house must be serviced by a specific management company. It is usually appointed by the direct residents of the building. But often there is a need to change the management company. The process can be carried out different reasons, and most often residents are interested in it (in the case when the organization does not cope with its duties or charges too high a fee for its work).
When possible?
There can be many reasons for changing the management company. The obligations that a particular management company has are spelled out in an agreement concluded with members of the HOA. If the company for various reasons does not perform the necessary actions or provides low-quality services, then such actions are the basis for choosing another organization. Therefore, most often the change of the management company is carried out for the following reasons:
- the company fails to fulfill its obligations;
- the services provided are of low quality;
- information about the operation of the enterprise is not provided to the residents of the house, which is a violation of the LCD, since each management company is obliged to disclose to the owners information about its functioning;
- breakdowns in the house are not eliminated in a timely manner;
- cleaning of entrances and adjacent territory is not carried out;
- absence or untimely response to various applications left by tenants.
The owners of apartments in the house can leave complaints about the work of the organization to various government agencies, for example, to the prosecutor's office. For each breakdown, it is required to draw up acts that indicate the date the violation was discovered. This will make it possible to determine how quickly the employees of the management company respond to various accidents.
If, even after numerous complaints and violations of the Criminal Code, it refuses to conscientiously cope with its duties, then the tenants may decide to change the organization. You can complete the process before the expiration of the signed contract.
What difficulties can you face?
If the tenants of the building decide to change the management company, then they must take into account some points:
- it is impossible to complete the process in the first year of cooperation;
- the current Criminal Code will create various obstacles for residents after receiving a notice from them, and often citizens even face threats or blackmail;
- often, after receiving information about the intention of residents to choose a new management company, a company begins to cope well with its duties, clean entrances, improve the surrounding area and perform other actions, which leads to doubts among citizens.
You should not flatter yourself if the company at a certain point in time really begins to better cope with its duties, since usually such actions are only an appearance of work, therefore, in the future, residents will again have to face the negligence and inaction of the company.
Who is the initiator?
Usually, the initiators of the change of the management company are the direct residents of the house. They want to choose a company that will actually do a good job for a given fee.
To complete the process, an initiative group is created by the tenants, which then performs all actions on behalf of the HOA. Any members of the partnership are included in this group, but usually they are represented by members of the board. The people in the group are engaged in the analysis of the company's activities.
How can a contract be terminated?
The method of terminating the relationship depends on the time it takes to complete this process:
- if the term of the contract is suitable, then it simply does not renew, for which a corresponding application from the residents of the house is submitted to the Criminal Code;
- early termination of the contract if there are good reasons.
In the second case, you may encounter serious difficulties, since the employees of the Criminal Code may not agree to the pre-trial method, so you will have to solve the problem through the courts.
Contract expiration
Most convenient way termination of the contract is considered the end of its validity. At this point, you can conclude a contract with a new management company.
To complete this process, a month before the expiration of the period, a notice of a change in the management company is sent to a representative of the organization. If no action is taken, then automatic prolongation is carried out.
Termination of the contract during its term
If the term of the contract has not yet expired, then it will be quite difficult to terminate it ahead of schedule. The procedure for changing the management company takes into account the following nuances:
- a new MC is initially selected;
- it is this company that begins the process of terminating the current contract;
- if it is impossible to make a choice, then the contract is terminated by drawing up an agreement between the parties or on the basis of the clauses of the agreement, and a lawsuit may also be filed in court or the circumstances of both parties may change.
Each process has its own nuances.
Drawing up an agreement of the parties
Most optimal way considered to be an agreement between two parties. To do this, the following steps are performed:
- initially, a meeting of owners is held, where a decision is made to change the management company;
- minutes of the meeting are drawn up;
- this document is sent to the Criminal Code with a statement of termination of the contract and a request to draw up an agreement between the parties;
- if the employees of the Criminal Code respond positively to the documents received, then an agreement is formed that specifies the conditions for transferring documents to the house to new managers;
- the procedure for transferring the remaining funds for repairs and settlements with suppliers of various resources is stipulated.
All received documents and money are transferred to the new Criminal Code.
Based on the contract
In each contract drawn up with the Criminal Code, there are special clauses designed for the conditions and rules for terminating the agreement.
Most often, there is a clause in which tenants have the opportunity to terminate the contract if they have evidence that the company is not coping with its obligations under the contract. In this case, a correct notice of termination of the contract is drawn up, which is sent to the Criminal Code with other documents. When changing the management company, it is required to prepare papers confirming the absence of repairs or the provision of poor-quality services.
With this method, the company is automatically released from its obligations.
Change in the circumstances of the parties
In Art. 451 of the Civil Code states that if significant circumstances have changed for any party, this may become the basis for early termination of the contract.
If one party refuses to terminate cooperation, then the issue is resolved further through the court.
Going to court
This method is considered the most difficult and time-consuming, as well as expensive. It is advisable to go to court if the tenants really have evidence that the Criminal Code violates the essential terms of the agreement.
Based on the available evidence, the judge makes an objective decision. Most often in a lawsuit, citizens refer to non-compliance temperature regime in residential areas, to interruptions in the supply of electricity or water, as well as to a non-functioning elevator. The basis for termination of the contract is not only the inaction of the organization, but also failure to meet the deadlines.
Rules and stages of the process
If it is planned to change the Criminal Code in the house, then the following actions are performed for this:
- The initiative group collects documents that serve as the basis for changing the Criminal Code. To do this, the provisions of the contract are studied and previously drawn up acts are prepared.
- A notice is being prepared for each tenant about holding a general meeting, and for this you can use a sample. The change of the management company is carried out only after voting. The notice indicates the place of the meeting, the date of the event, the agenda, information about the initiators, and you can also immediately attach voting ballots when holding the meeting in absentia.
- Conducting a meeting. It must be attended by at least half of the owners. All information is recorded in the protocol. The change of the management company is allowed only if there are numerous claims against the organization. A vote is required. A new management company can be selected immediately, with which an agreement will be concluded.
- Meeting minutes are properly drawn up. It includes information about the agenda, voting results and the process of familiarizing all apartment owners in the house with the decision.
- The protocol is handed over to the current MC and the selected new organization. Simultaneously with this document, a notice of termination of the contract is sent to the company. It lists the reasons for termination of cooperation.
If the company agrees to amicably terminate cooperation, then it transfers the documentation within 30 days when changing the management company. Documents are issued by the new Criminal Code together with a certain amount of funds intended for home repairs and settlements with resource organizations.
How to choose a new MC?
To make cooperation with the new management company more comfortable for the residents of the house, it is important to competently approach the process of choosing this organization. Therefore, the following nuances are taken into account:
- duration of the company;
- established relationships with the administration of the region;
- organizational structure firms, for which the founders and staff members are evaluated;
- the number of houses managed by the organization;
- the state of constituent and accounting documentation, which should be freely available;
- openness and contact of the company;
- condition material base which includes various machinery and equipment;
- the terms during which the necessary work is carried out on the basis of requests from residents;
- qualifications of hired specialists;
- rates used.
The transfer of documentation when changing the management company occurs only after the termination of the contract with the previous organization. Based on these documents, the new company will be able to understand the existing features of the house, necessary work and in other nuances.
Conclusion
If necessary, residents of any house can terminate the contract with the existing management company. The process can be carried out on the basis of the agreement of the parties, by notice of termination of the contract or through the court. To do this, it is required to hold a meeting of tenants and choose another management company in advance.
Most often, firms refuse to litigate, as the tenants have evidence of negligence. Therefore, the Criminal Code terminates the agreements ahead of schedule without difficulties and disagreements.
Art. 162 of the Housing Code of the Russian Federation provides for the need for an organization to conclude a management agreement high-rise building with each apartment owner. It is signed after the choice of the Criminal Code, whose duties include ensuring the functioning of communication systems, protecting the rights of residents, etc.
If the management company fails to fulfill its obligations or neglects them, then the tenants have the right to terminate the contract with it. Reasons for changing organization:
- The end of the period of validity of the contract concluded by the tenants with the management company;
- Failure to perform the services provided for by the contract by the organization;
- Provision of services of poor quality;
- Failure to comply with requests from residents for repairs;
- The organization does not have a license;
- Hiding activities and expenses.
Attention! The contract between the homeowners and the management company is concluded for a period of 1 to 5 years.
The management company is given a year so that it can establish work, ensure the fulfillment of obligations, and prove itself in activities. If tenants see that she is not fulfilling her obligations even after a year from the date of appointment, then they have the right to change the management company.
Changing the Criminal Code is a radical measure. Residents can first file a complaint against the management company with the housing inspectorate KEY complaint against the management company with the housing inspectorate. If this does not solve the problems, the tenants can write a statement to the prosecutor's office. How to do it - read this
If the organization fails to fulfill the conditions stipulated by the contract, on the basis of a decision of the general meeting of tenants, apartment owners may also refuse to fulfill the terms of the contract.
Procedure
The change of the management company in an apartment building takes place in stages:
- Residents decide to change the organization.
- They choose a new management company, which will be entrusted with the management of the house.
- A general meeting is appointed and held, on the agenda of which the issue of replacement is put forward.
- A minutes of the meeting is drawn up, which is a documentary expression of the consent of the residents.
- Transfer of the protocol to the management companies - the old one and the one chosen as a replacement.
So, considering the question of how to change the management company in an apartment building, it is worth noting that the procedure is not extremely complicated.
The nuances of the procedure for replacing the management company
The procedure for changing the management company in an apartment building consists of the 5 steps listed above. In addition to them, it is important to consider the following nuances:
- If tenants for some reason could not take part in the voting, but do not agree with the decision, they have the right to appeal against it in court. The claim is filed no later than six months after the announcement of the decision;
- If the homeowner is unable to attend the meeting in person, a representative may be assisted. Registration of participants is carried out by specifying passport information;
- If at least one tenant of an apartment building does not receive a notice of the meeting, then it can be declared illegal, and the decisions made invalid. The minutes drawn up during such a meeting will not have legal force;
- The law establishes a notice period. It must be sent no later than 10 days before the organization of the meeting.
To count the votes of participants during the meeting, a counting commission is appointed. Her task is to draw up the minutes, count the votes, announce the decision to replace managing organization or about continuing to cooperate with her.
To get a decision to replace a company, it is important that you vote for it most of homeowners (more than 50%). After the decision is announced, an agreement is signed, the provisions of which provide for the transition to cooperation with a new management company.
Watch the video about the change of the Criminal Code:
Renewal of the contract with the Criminal Code
One of the most important moments is the conclusion of an agreement with another management company. It is carried out in several stages:
- Formation of the provisions of the contract, their coordination with homeowners.
- Organization of a general meeting, the agenda of which is to discuss the clauses of the contract.
- Reproduction of the agreement in order to transfer a copy to each apartment owner.
- Coordination of conditions with the managing organization.
- Renewal of the agreement.
You can clarify the validity period of the contract with the management company directly in the organization or when studying the text of the agreement. It is important that it is necessary to notify the Criminal Code of the change 30 days before the end of the contract period.
If you have any questions about changing the management company, ask them in the comments to the article.
-
Housing code gives owners right change managing company,
if she not performs or performs v improper quality and With violation timing their obligations,
which spelled out v treaty With owners housing.
But issue «
divorce»
necessary right.
Olga Yuryevna,
Let's tell,
what kind stages to be execute tenants,
to all their actions were correct With points vision legislation.
- The first step is the creation of an initiative group of owners, which will begin the procedure for changing the management company. It can be members of the board of the HOA or any other owners of apartments in this house. There are examples of changing the owners of management companies in Sheksna. A few years ago, there was a massive transition of multi-apartment residential buildings in South Sheksna from the Vozrozhdenie management company to the Municipal Unitary Enterprise Improvement. Then it ended with the liquidation of Vozrozhdenie LLC. But, as practice shows, in rare cases, the former company is ready to part with the house of its own free will. Much more often we see how the Criminal Code tries by any means to keep it under its control. And here the main role is played by the cohesion and activity of the owners, who defend their legitimate interests.
-
Olga Yuryevna,
let's start With most important.
What kind exists forms holding general meetings owners multi-apartment Houses?
- To change the management company, create an HOA, or switch to the direct form of managing an apartment building, you need to follow a special procedure. Firstly, the initiative group that comes up with a proposal to hold a general meeting must notify the owners about it ten days before it is held. There are three ways to notify owners - by registered mail, handing over to the owner against receipt of a notice of holding a general meeting, and the third - most commonly used form - a notice of holding a meeting, posted at the entrance to the entrances of the house or on the ground floor, that is, in a place where most owners can see this announcement.
-
Olga Yuryevna,
what must be written v this announcement?
- It must be indicated who is the initiator of the general meeting - it can be one owner or a group of owners, or a management company. The place, date and time of the general meeting, as well as the agenda and form of voting must also be indicated. There are three forms of the meeting - full-time, part-time and part-time, which was introduced quite recently. Notification of owners is mandatory in any form.
- Let's let's analyze every form holding general meetings.
- The face-to-face form provides for the following procedure: notification of the owners, who at the appointed time in the appointed place gather and discuss the agenda items. When changing the management company, the first item on the agenda should be the issue of terminating the contract with the old management company. The second issue is the choice of a new management company. 2/3 of the owners must come to the meeting. They make a decision by open voting, that is, by raising their hands, and all this is recorded in the minutes of the general meeting, where they sign. If the quorum, that is, more than 50% of the owners voted "for" the change of the management company, then the decision is considered accepted, and the meeting is considered competent. As the law says: “The general meeting is competent if it was attended by the owners of the premises with more than 50% of the votes from total number votes." To clarify, votes are counted not by the number of people, but by the number of square meters, the owner of which is considered to be the voter, and according to the share of this footage in total area Houses.
-
If owners disciplined and executive –
all came on the meeting,
voted,
protocol amounted to.
What going on farther?
- If the meeting took place and a decision was made to change the management company, then the initiative group must notify the management company that directly manages the house about the termination of the contract and the change of the Criminal Code within 5 days. And the new management company must conclude an agreement on the management of an apartment building with all owners and, within 3 days from the date of signing the agreement, must apply to the state housing inspectorate so that management of this house is included in the license of this management company. Payments from the owners will go exactly to this management company from the moment it is indicated in the license this house.
-
Olga Yuryevna,
already on the assembly should be determined and indicated v protocol new manager company?
- Yes. Within 5 days after the general meeting of owners, the former management company is notified of the termination of the contract with it, and within 30 days it must transfer all technical documentation new management company.
-
That there is,
process –
from meetings before final transition
- will take month?
- About a month. In this case, the most important point– the inclusion of this house in the license of the new management company.
-
Olga Yuryevna,
You told about full-time form holding general meetings.
Second form –
correspondence.
- When holding a general meeting in absentia, the procedure also begins with a 10-day notice to homeowners of the date of the meeting. Usually absentee voting takes place by poll. The initiative group, although it may be one owner, makes a door-to-door round with a questionnaire containing the agenda. Each owner in this sheet votes either “for” or “against” and signs, puts the date when he made the decision. Then the votes are counted by the initiative group. If there is a quorum, then the meeting is considered to be held, and the decision is made.
-
Olga Yuryevna,
how much I am I know,
at vace,
how owner,
there is experience correspondence voting.
Per what you voted,
which solution you accepted v his home?
- Indeed, there is such an experience. We, the owners of apartments in building No. 3 on Sapozhnikova Street, voted in favor of raising additional money for roof repairs. We transfer contributions for overhaul to the regional fund.
-
Which solution It was accepted?
- The majority voted to carry out repairs at the expense of the owners. The roof has already been repaired. The management company completed the work, and then for each apartment they calculated how much money the owners need to collect and made an approximate schedule for making payments.
- We more not sorted out With full-time
- in absentia form voting.
Why her called most simple?
explain,
please.
- It is considered the simplest because it combines both full-time and part-time forms. The difference is that if during the discussion of the issue a sufficient number of owners did not gather - a quorum, then it is not necessary to recognize the meeting as invalid. It's just that the next day, the initiative group with questionnaires makes a door-to-door tour and asks the owners to vote. Also, 10 days in advance, there is a notification of homeowners with the obligatory indication of the form of the meeting - face-to-face. If this is not specified, then it will be considered that the documents are issued with violations. On the first day, there is a face-to-face discussion of the issue, I emphasize - only a discussion. Owners can get together, discuss, express their opinion, make adjustments to the agenda as well. Of course, if there is a quorum, then at the first stage a decision can be made on the same day by in-person voting. If there is no quorum, then the next day the initiative group conducts a door-to-door survey. With the in-person form, you do not need to wait 10 days to conduct an absentee vote - it can be held the next day.
-
This very important moment.
At US why-
then erroneously counts,
what can Then get around on apartments those owners,
which on different reasons not could be present on the general assembly.
At full-time
- in absentia form on the assembly discussed questions agenda days,
a vote goes in second day through apartment-by-apartment bypass.
Initiative group comes in v every apartment,
To to each owner.
going to package documents –
protocol,
all questionnaires sheets.
And question and vote must be on the one sheet.
by the way to tell,
owners put «
per»
or «
against»
v registry.
Olga Yuryevna,
maybe,
should more tell O registry owners.
- The register of owners must be attached to the minutes of the general meeting each time. It can be drawn up by an initiative group, even directly by homeowners. If this is not possible, then you can contact the management company, which must provide this register. It includes: the surname, name and patronymic of the owner of the apartment, the area occupied by the owner of the premises on the basis of title documents, that is, certificates of registration of ownership. Based on these documents, some changes are made to the register, it is corrected.
-
If who-
then sold apartment,
and changed owner,
then registry must be updated.
If House located under management UK,
then registry leads she,
a if v home created HOA,
then –
chairman partnerships.
Questionnaire sheet –
it,
on essence,
that same registry,
only With indicating specific agenda days,
to owner understood,
per what he votes.
- Yes. All right.
-
We today told O mechanism transition from one manager companies v another.
At me why-
then remembered such fact from our stories: on the Russia 26
november peasants could go from one feudal lord To another –
So called Yuriev day.
Which time for transition from one manager companies To another You would advised?
- I would advise you to carry out this procedure before the approval of tariffs, that is, in September-October. I also want to make an important point. An apartment building management agreement between the owner and the management company is usually concluded for a period of 1 to 5 years. If the owners decided to change the management company, and the contract was drawn up for a period of 5 years, then this can be done only after one year. It is a year that is given to the management company to prove itself - this probation. And if the owner is dissatisfied with the work of the management company, a general meeting is held.
-
That there is,
to terminate treaty necessarily need to,
to passed year.
By expiration this deadline manager company not maybe to tell: «
Not let's give your House,
because what not expired term agreements».
- No. This is just the decision of the owners. They decided to leave - this is their right, which is enshrined in law in the Housing Code.
-
Thank you per conversation.