If it is not fulfilled, tenants can jointly refuse the services of one organization in favor of another. Let's figure out how it is possible and whether it makes sense to change the housing and communal services management company in a residential apartment building to another, for convenience, dividing the procedure into several stages.
Finding out the grounds
The first step to be taken is to analyze the reasons that give the right to change the Criminal Code. In the contract concluded between the organization and the owners, the obligations are clearly spelled out. If at least some of them are not observed, or the work is done late or frankly poorly, the tenants have the right to file a claim and choose another company. The grounds can be:
- The end of the period during which the performer must manage.
- Failure necessary work or failure to provide any services.
- Ignoring requests from owners regarding repairs or carrying out restoration work with deadlines.
- Fulfillment of obligations improperly.
The apartment owners can terminate the contract without the participation of the second party, if any clause of the contract is not observed by the Criminal Code. But it should be noted that the agreement is concluded for a period of 1 to 5 years. Within 12 months after the conclusion, termination at the initiative of the tenants is not possible, since this period is given to the company in order to establish work.
We receive the necessary documents
Before changing the Criminal Code at home, it is necessary to assemble a group of owners who will come up with such an initiative. Any person who owns one or more apartments can enter it. The formed community, by law, may request for review a contract and other official papers relating to a residential property. You need to get your hands on:
- certificates of inspection of the communication systems of the building for the last 2 years;
- an agreement with the UK;
- certificate of work done and services rendered over the past 12 months.
If the organization does not have any of the above, then according to the LCD RF, it is obliged to restore Required documents at your own expense.
After studying the papers, you can begin the procedure for changing the Criminal Code. Usually the former organization does not agree to this voluntarily, so you will have to act on your own.
How to notify residents of the need for a procedure
Before changing CC apartment building or new buildings, it is necessary to hold a meeting of residents. To do this, everyone should be notified in advance about the planned event. In order for this procedure to be carried out without violating the LC RF, no later than 10 days before the meeting, all owners must already know about the planned meeting. Therefore, the notification should be sent out by address. This can be done by sending registered letters, handing out a notification against signature. It will not be superfluous to post ads on special boards at the entrance to the entrance. The notice must contain the following information:
- Agenda. The decision can be made in respect of only those issues that are included in the approved list.
- Information about the initiator of the meeting and members of the initiative group - full name and data from the identity document.
- Form of holding (absentee agreement or meeting).
- Date, time and place of the event. Either the place where ballots are accepted and the period during which they are collected.
- Information about how residents are notified about the place and time of the event.
- If there is a vote, the ballots are embedded in the alert. They must include the full names of all members of the group that will be counting the votes. Separately, it is necessary to single out the chairman and secretary of the meeting.
If the notifications do not contain any information from the list, then the meeting and the decisions made at it may be declared illegal.
Requirements for the meeting
The procedure for changing the management company of an apartment building requires that the decision be made by property owners with more than 50% of the votes. It is important to note that votes are counted not by the number of homeowners, but by the footage of apartments relative to the entire living area in the building. That is, those present at the event must own more than half of all square meters so that their initiative does not contradict the law.
If this requirement has been met, all participants in the event become equal and have a vote. If more than half of the members of the meeting vote to change the company, then the rest will have to comply.
How to choose a new MC
The initiators of the meeting should select in advance the organizations they are interested in and study their proposals regarding the list of services provided, tariffs, contract forms, etc. By the date of the gathering of residents, an agreement with each candidate organization should already be prepared.
The owners of the premises have the right to independently determine the list of works and services that should become the duties of the new contractor. It must guarantee the safety of your home and its habitability. Therefore, we recommend that you involve a lawyer to compile the list. Some items must be present in the document by law:
- The composition of the property that falls into the department of the organization. That is, the owners must decide what services the management company will provide, and what work they will take care of themselves. For example, engineering communications can be transferred to the management organization, and the cleaning of the area around the house can be agreed with members of the initiative group or janitors can be hired without the help of the Criminal Code.
- The list of works and services that must be performed in relation to the property specified in the previous paragraph. It is also necessary to indicate the order in which this list can be amended and to list public utilities, which the selected organization must take care of providing.
- The procedure in accordance with which the amount for the maintenance of the building and the implementation of repair work, as well as the amount of utility bills. It should indicate how and how often tenants are obligated to make payments.
- Features of monitoring the activities of the company. According to the law, it must at least once a year provide a report on its work in relation to the obligations listed in the contract.
To learn more about all the clauses of the agreement, read Article 162 of the RF LC on the ConsultantPlus website or other similar resources.
Minutes of the decision to change the management company in an apartment building
The document, which will reflect the decision of the owners, is drawn up in writing and signed by the following persons:
- the chairman of the meeting;
- persons responsible for counting votes;
- committee secretary.
There are no special requirements for how a written certificate will look like. But do not forget that if the issue of choosing the Criminal Code was not included in the agenda, then in the future the protocol may be considered invalid. It is also necessary to check that several important points are taken into account:
- All property owners must be notified of the general meeting.
- An agenda must be drawn up.
- It is necessary to correctly conduct the voting procedure (each tenant must leave his signature in the relevant document).
- It is important to notify all apartment owners about the decision made at the meeting of tenants.
- After that, you need to bring to the Criminal Code information about decision and the date when she is to complete her work on the building.
The procedure for changing a company requires that all necessary actions are carried out in accordance with the law and carried out in a timely manner. This is the only way to avoid complications and the need to repeat any of them.
Notification of managing organizations about the decision of owners
When the minutes of the meeting are ready, it must be given to both the old Criminal Code and the new one. This should be done in order for the current Criminal Code to know that the tenants are ending cooperation with it, and the new one - that you want to start cooperation with it.
It should be noted that within a month from the moment you decided to change the Criminal Code, the former contractor must transfer all papers relating to technical condition at home, new This point is best controlled by yourself. If the old company refuses to transfer the papers to the candidate chosen by the owners, then he can apply to Court of Arbitration with a request to assist in the transfer of documents for the building. It may also help to contact the prosecutor's office.
If the old Criminal Code promises to improve, you can believe and continue to cooperate with it. But as practice shows, an organization that has not previously performed its duties properly will not comply with all the clauses of the contract in the future.
Renewal of the contract
It is not always necessary to resort to such a radical solution as changing the management company. If the owners are dissatisfied with the quality of the work performed or with the fact that not all the necessary services are provided, a demand can be put forward to renegotiate the agreement with the management company. In this case, it can be changed and supplemented.
Official papers often lack information about the property that the management company should monitor, or about how the amount of payment for the services provided by the organization should change. Sometimes their list may not even comply with current legislation. To conclude a contract again, you should:
- Claim the current version of the paper in the Criminal Code.
- Study it and compare the text with the requirements that are put forward to it by the legislation (Article 162 of the LC RF).
- In writing, state the existing dissatisfaction and disagreements and submit the protocol for study by the company.
- If necessary, together with the Criminal Code, form a group of persons who will reach an agreement on the text of the new treaty.
- Issue a question of acceptance new version to a meeting of owners.
- Require the Criminal Code to reproduce the text of the agreed document and hand it over to the residents for signing.
- Approve the provisions of the new contract at the general meeting.
If it was not possible to reach a consensus with the current Criminal Code, then the only way to change the situation is to refuse its services.
Now you know how to correctly change the management company in an apartment building, on what grounds and whether there are difficulties in the process of refusing services. The main thing is to approach the matter responsibly, not to be afraid to defend your rights in conflict situations and be the initiator of the procedure described in the article, if necessary.
This page contains a form for notifying the owners of premises in an apartment building about decisions made at the general meeting of owners.
In this case, a notification or notice is sent to residents in order to inform about the decisions made (in this particular case, about changing the management company).
In accordance with the requirements for the procedure for holding general meetings, sending such a notice is a prerequisite for recognizing such a meeting as legitimate. That is why it is strongly recommended to download the attached form, not to neglect the obligation to inform the residents of the MKD about the results of the general meeting and to notify in a timely manner upon the fact of its holding and drawing up the minutes of the general meeting of the owners of the apartment building.
For notification, the attached sample or another other form that does not contradict the norms of the current legislation and the LC RF can be used.
Sample notification of the results of the general meeting of homeowners.
Information message on the results of an extraordinary general meeting of owners of premises in an apartment building located at the address: _____________, st. _____________________, house No. ____________, held in the form of absentee voting
DEAR OWNER!
An extraordinary general meeting of owners of premises in an apartment building located at the address: _____________, st. ___________________________, house No. ____________ in the form of in-person voting conducted on the initiative of _______________________________________________________ (full name of the owner of the residential premises No. ___; full name of the official representing the interests municipality acting on the basis of a power of attorney dated __________ No. _________)
As a result of the meeting, the following decisions were made:
On the first item on the agenda:
On the second item on the agenda:
Approve the chairman (full name) ______________________________________________,
secretary of the general meeting (full name) ______________________________________________.
And empower these persons with the authority to count votes, draw up and sign the minutes of the general meeting. Decision _________________ (accepted/not adopted).
On the third item on the agenda:
Terminate the apartment building management agreement concluded with managing organization ___________________________________________________________________
from "_____" ____________________________. Decision _________________ (accepted/not adopted).
On the fourth item on the agenda:
Choose the method of managing the apartment building No. _______ on the street. _____________________________ g. _____________a - management of the managing organization. Decision _________________ (accepted/not adopted).
On the fifth item on the agenda:
Select a managing organization - __________________________________ and conclude with it an agreement on the management of an apartment building No. ___________________ on ________________________________ street from "____" ____________________________. Decision _________________ (accepted/not adopted).
On the sixth item on the agenda:
Approve the apartment building management agreement between the Managing Organization ___________________________________________________________________ and the owner in the proposed version, which is the same for all owners of the premises of the apartment building. Decision _________________ (accepted/not adopted).
On the seventh item on the agenda:
To oblige the managing organization LLC “Managing organization “______________________” to transfer the technical documentation to the apartment building No. on the street. ____________________ and other documents related to the management of this house, cash owners, from the personal account of the apartment building to the management organization, with which the contract for managing the apartment building will be concluded. Decision _________________ (accepted/not adopted).
On the eighth agenda item: Decision _________________ (adopted/not adopted).
On the ninth item on the agenda:
On the tenth agenda item:
To determine the place of storage of the original minutes of the general meeting in the form of in-person voting and decisions of the owners of the premises of the apartment building No. ____ on the street. ___________________________________, _____________a, at the address: _____________, ________________________________________________. Decision _________________ (accepted/not adopted).
Appendix: A copy of the minutes of the extraordinary general meeting of owners of the premises of an apartment building No. ____ dated ____________________.
INITIATOR OF THE MEETING ____________________________/_____________________
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If the organization fulfills all its obligations, then the apartment owners are unlikely to want to change it. Most often this happens if the Criminal Code abuses its powers.
There are many such examples:
- malicious failure to fulfill the obligations enshrined in;
- The management company provides low-quality services, reduces the required volume, etc.;
- repair work is not carried out;
- the organization ignores the appeals of citizens;
- the management company is suspected of theft.
There are other reasons for changing the Criminal Code in 2019. For example, residents can initiate this procedure if the company's license expires. The reason for changing the organization is also the expiration of the contract, if it does not contain a prolongation condition.
The legislative framework
Choosing another MC
There is no point in insisting on a change of organization if there is no alternative. First, you should check for reliable companies. It is important to check reviews, rating and other information.
It will not be superfluous to communicate with the residents of the house that the selected management company serves. You also need to find out if the company's management will be able to take on the balance of another MKD.
Meeting of owners
The organization of the general meeting is carried out as standard. The initiators must provide the necessary information (place, time, agenda) to all residents of the apartment building within 10 days. A written notice is required (no verbal communication).
The agenda is:
- termination of the agreement with the Criminal Code;
- choice new organization;
- signing a contract with a new organization.
If it is not possible to hold an in-person event, then you can use its absentee form. During the meeting, it is necessary to draw up a protocol, which is therefore signed by the chairman, secretary and members of the counting commission.
In order for the change of the management company in an apartment building to be carried out in accordance with all the rules, it is necessary that more than 50% of those present vote for it.
The decision taken at the meeting is communicated to those tenants who could not take part in the vote.
Notification of the old Criminal Code
The management company must be informed of the decision made in accordance with all the rules. That is, in compliance with the necessary formalities.
Therefore, within 5 days after the meeting, a corresponding notice and a copy of the protocol are sent not only to the Criminal Code, but also to the state housing supervision service.
Conclusion of an agreement
The above documents are also transferred to the management of the management company with which the tenants want to cooperate.
All residents of an apartment building have the right to sign an agreement. By law (), more than half of the apartment owners are required to write documents. Otherwise, the agreement simply will not have legal force.
The contract must contain the following items:
- the composition of the existing property (information of the technical passport);
- a list of services to be provided by the management company;
- cost of services, methods of payment;
- rights and obligations of the parties;
- responsibility if the terms of the agreement are not fulfilled by the participants;
- way of reporting to tenants.
The document comes into force from the moment of signing or from the date chosen by the parties.
What documents are needed?
Since the change of the management company is a legal procedure, the initiators will definitely need the relevant documents. First of all, this is a statement, minutes of the meeting of apartment owners and an agreement with the old management company. It is also better to have real evidence that the Criminal Code did not fulfill its obligations (if this fact took place).
Payment of utility bills to a new company
Changing the Criminal Code often scares tenants precisely because of the various financial issues that often arise. For example, when do you need to transfer funds to a new company? It is believed that this should be done as soon as the contract is signed. Actually this is not true.
An apartment building must be included in the license of the Criminal Code (this information can be found on the GZHN website). Only after that, the owners can safely pay for the services of the organization.
What to do if the Criminal Code does not want to give away the house?
For unscrupulous management companies, the availability of content apartment building- This good way for the implementation of various fraudulent schemes. Therefore, the management companies do not always respond positively to the decision of the tenants and refuse to transfer the documents to the new company.
In this case there is only one real way to achieve the right decision - drawing up a statement of claim.
At a minimum, you can threaten the management of the organization with a lawsuit. If this does not help, then you should hire a good lawyer and prepare a claim.
Can I change to HOA?
Having changed several management companies, tenants often come to the conclusion that it is better to manage MKD with the help of an HOA. That is, independently. Sometimes it really The best decision especially when the initiative group includes good specialists. The law allows the use of partnerships and even changing the Criminal Code to an HOA.
To change, it is enough to organize a meeting of tenants and make an appropriate decision. The procedure is quite standard, but it should be understood what burden will fall on the shoulders of apartment owners.
The mixed type of management is very popular. Residents form an HOA, but they do not refuse the services of a management company. True, the Criminal Code is only engaged in the provision of public services. All other issues are decided solely by the tenants.
The reform of housing and communal services is in full swing, and there are no fewer complaints and claims about the work of public utilities.
Now an organization designed to provide services and carry out maintenance and repair work apartment buildings is the management company.
And what should tenants do if she does not fulfill her assigned duties?
Is it possible change of management company and how to do it?
In order to competently change the housing and communal services management company, a special procedure is required, in which residents of an apartment building participate.
So how do you change the management company?
Step one. Find out if there are good reasons to change the Criminal Code?
Since all the obligations of the Criminal Code are spelled out in the text of the contract with the homeowners, if a number of them are not fulfilled or are performed in inadequate quality and in violation of the deadlines, then the homeowners have grounds for making claims against the company and replacing it.
Such grounds for terminating the contract with the management company may be:
1) expiration of the contract for managing an apartment building with a management company;
2) failure to perform work or services by the management company;
3) the provision of services is not in full or of inadequate quality by the management company;
4) untimely fulfillment of requests from the population for repairs
5) hiding their activities and so on.
The owners of an apartment building have the right to unilaterally terminate the concluded management agreement and change the management company if it does not fulfill its obligations, even at least one clause of the management agreement (part 8.2 of article 162 Housing Code RF) .
It should be noted that the contract between the homeowners and the management company is concluded for a period of 1 to 5 years. Therefore, you can change the company after the expiration of the contract or a year after the conclusion of the contract.
Twelve months is given to the company so that it can get up to speed, get it working and have time to prove itself. If during this period the owners notice that the management company is not coping well with its duties, then they have the right to change of management company.
Step two.
When changing the management company, the council of an apartment building needs to organize an initiative group of owners. It can be members of the board of the HOA or any other owners of apartments in this house. The initiative group has the legal right to demand for study the contract or any other documents that are related to the house.
What to claim:
- certificates of inspection engineering networks at home for the last two years,
- certificates for the work performed and the provision of services for Last year,
— management or service contract.
If some documents are missing, then the managing organization, according to the Housing Code, is obliged to fill the missing document flow at its own expense.
After examining the documents, the owners can begin the procedure for changing the management company. 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.
Step three. Prepare a notice of a general meeting of tenants. The information that a general meeting is being held to change the Criminal Code should be conveyed to each homeowner, and in a proper way: if at least one owner is not notified, the meeting will be considered held in violation of the law. Reliable way— organize a direct mailing of a message about the meeting, at least 10 days before the event, as required by the LC RF (write registered letters with a notification, give each tenant a notification against signature, additionally hang an announcement). It must include:
- Information about the initiator or initiative group (full name and passport details of each) that convenes this meeting.
- Form of holding (meeting or absentee voting).
- Date, place, time of this meeting. In case of absentee voting - the place or address, as well as the start and end dates for the receipt of voting ballots.
- The agenda of this meeting, since the general meeting is not entitled to make decisions on issues not included in the agenda, as well as change it at the meeting itself.
- Ways to notify residents about the place and time of the meeting.
- In case of absentee voting, attach voting ballots to the message. It must contain the full name of the chairman, secretary of the meeting, members of the counting commission.
Step four. Hold a general meeting of residents.
Before changing the management company to a new one, it is required to make a decision to terminate the contract with the old one. At the same time, in the minutes of the meeting it is necessary to argue all the claims against the management, namely, to indicate how and where the terms of the contract are violated.
The decision to change the management company can only be made at a general meeting of the owners of the premises of a residential apartment building. Representatives of the municipality must participate in the meeting and vote for tenants,
At the same time, the general meeting of owners of premises in an apartment building is competent (has a quorum) if the owners of premises in this building or their representatives with more than 50% of the votes from total number votes.
It is important that votes are counted not by the number of people, but by the number of square meters owned by the voter and by the share of this square footage in total area Houses. And the decision on this issue is made by a simple majority of those who took part in the general meeting (if more than 50% of the meeting participants vote “for”). That is, if more than 50% of the votes took part in the voting, and more than 50% of them were in favor of changing the Criminal Code, the rest must obey.
Step five. Choice of a new CC.
On the agenda for terminating the contract with the old management company, the next question must be the choice of a new management company.
The initiative group needs to identify in advance the range of management companies, ask them to submit their proposals on the form of a management agreement, a list of maintenance services, housing repairs, tariffs, etc.
The contract with the company must be drawn up by the time of the meeting of the owners of the house. Tenants-owners themselves have the right to determine the list of works and services for the repair and maintenance of the house. This list, according to the law, must ensure the suitability of a residential building for habitation and its safety. Therefore, to determine minimum set services and works, it is better to involve a specialist. The list of mandatory clauses of the contract can be found in Art. 162 of the Housing Code. It includes:
- COMPOSITION of the common property of the house, which will be managed. When discussing the terms of the contract at a general meeting, tenants can decide, for example, that engineering equipment and building construction buildings are transferred to the maintenance of the managing organization, and adjoining territory is not included in the list of managed property, and citizens will either take care of it on their own, or directly, without the mediation of a management company, hire a janitor.
- LIST of services and works for the repair and maintenance of the common property of the house, the procedure for changing this list and a set of utilities.
- PROCEDURE for determining the amount of payment for the repair and maintenance of housing, as well as payments for utilities, and the procedure for making these payments.
Attention! Apartment owners independently approve the list housing services and their rates, and tariffs for utility bills are set by local and regional authorities. - PROCEDURE for monitoring the work of the managing organization. By law, the management company is required to provide tenants with a report on its activities to fulfill the contract at least once a year. When this obligation is fulfilled, the interests of the residents will be protected.
Step six. Correctly draw up the minutes of the general meeting.
Keep in mind that at the general meeting decisions are made on issues that were included in the agenda of the meeting. Thus, if the choice of a new management company was not included in the agenda, and a decision on this issue was made, then it may be declared invalid.
The Housing Code does not establish strict requirements for the form of the protocol. The main thing is that it should be in writing, signed by the chairman and secretary, as well as members of the counting commission. The following procedural points must be taken into account when drawing up the protocol:
- notification of all owners and interested parties about the holding of a general meeting of owners of an apartment building;
- agenda;
- voting procedure;
- protocol;
— the procedure for bringing the decision of the meeting to the attention of the owners and interested parties, including those who did not participate in the meeting;
- the procedure for communicating to the management company the decision of the meeting and the timing when its powers should be terminated (Article 45 of the Housing Code of the Russian Federation "Procedure for holding a general meeting of homeowners").
Step seven. Give both management companies the minutes of the meeting.
The minutes of the meeting are given to both CCs in order to notify the old one that you are going to leave it, and the new one that you want to be under its control.
Important! From the date of the decision of the general meeting to change the Criminal Code, the old management company is obliged to transfer all the technical documentation about the house to the new one within 30 days.
If the old management company refuses to transfer documentation to the newly elected one, the new management company has the right to file an application with the Arbitration Court for the transfer of documentation for an apartment building. You should also contact the prosecutor's office at the State Housing Inspectorate.
But, as an option, you can try to continue working with the current Criminal Code.
If tenants are dissatisfied with the quality of services or their incomplete provision, they can demand to renegotiate the management contract by amending and supplementing it. In the texts, for example, there is often no information about the composition of the common property, the procedure for changing the amount of the fee, and a section on monitoring the implementation of the MC's obligations. And the list of works and services for maintaining the house indicated there may not meet the requirements of the Gosstroy decree.
How to renegotiate a management contract?
1) Request a management agreement for signing in the managing organization.
2) Study the management agreement and compare its text with the requirements of part 3 of article 162 of the LC RF.
3) Draw up a protocol of disagreements and submit it for consideration by the managing organization.
4) If necessary, together with the managing organization, create a working group to develop an agreed text of the contract.
5) Submit to the general meeting the issue of accepting the provisions of the agreed management agreement.
6) Require the managing organization to reproduce the agreed text of the contract.
7) Offer homeowners to sign the agreed text of the contract.
8) Approve at the general meeting the main provisions of the management agreement.
9) If it was not possible to agree on the text of the agreement with the managing organization, then begin the procedure for changing the managing organization.