Methods for managing apartment buildings provided for by the LCD RF for the owners of the premises. The structure of the management of management companies.
Remember the business lady-manager from Leonida Gaidai's comedy "Diamond Hand"? If not, very in vain. Soon, Aimenno no later than 1 jar of 2007, each apartment building should have its own management company. Father, like the tenants to choose a management method, and will be discussed in this article.
According to the head of the Department of Housing and Communal Services and Improvement of Moscow A.L. Makekinova, from more than 39 thousand people in Moscow with management companies, about 1.5 thousand were determined. Ita The situation is typical not only for the capital, but also for other regions. For example, in the Republic of Komi, 53 Supids were held on the choice of a method for managing apartment buildings, and as a result, only in 30doms the question was solved. All this even was the reason for the decision of the State Duma, during which the owners of the premises in apartment buildings should choose the management organization, was extended to 1 Junk 2007.
So what is the problem? Officials responsible for promoting the reform of housing and communal services unanimously assure that the cause of the passivity of the population is in insufficient awareness. Let's try to figure out the situation together.
The results of the privatization of the Housing Fund Apartment houses in Russia, with a rare exception, are in total ownership. For example, in Moscow about 25% of apartments belong to the municipality, but there are also such buildings where urban property remains almost left. The diversity of ownership requires agreed actions of all owners of residential and non-residential premises when managing the common property of such a house.
The former housing code was managed by the Housing Foundation as carried out on a professional basis exclusively by state or local authorities through housing and operational organizations Activities for "operation and maintenance of the Housing Fund" (Article 16-17). The housing fund control system included, therefore, two levels: the state and housing and operational organizations. Communal services were found by monopolist organizations on a non-alternative basis. This meant that in case of failure to provide services or their low quality, the situation could not be corrected, since the mechanism of attracting the Directorate of a Unified Customer (Dz) to justice to the citizens did not provide for the relationship and the relationship was not regulated.
Today, this approach is clearly outdated. Residential homes no longer belong to the state completely, therefore, the management system should include three levels of activity. Owners should be able to independently determine the management scheme and choose the management housing organization. It will enter into contracts with organizations involved in the service of utilities and housing stock, providing comfortable and safe conditions for the residence of owners with their help. The main direct responsibilities of the Managemental Organization is the implementation of technical and financial planning of works, providing suitable status transferred to the Office of Real Estate, as well as the provision of utility services and quality services, implementation, as necessary and maintenance of the local area.
The new housing code is based on the preferential right of the owner of the residential premises, fundamentally changed the concept of managing the apartment building. At first, the right of owners themselves on the organization of the management of an apartment building are enshrined in the Codex. Owners are required to contain their own, individually defined property, and the common property of the house. At the same time, the individual technical characteristics and condition of the building are taken into account, as well as the specific needs of the owners of the premises.
What are the options for managing an apartment building? For owners of residential premises, three possibilities are legally provided: to manage their property on their own, to unite in the partnership of housing owners or hire a professional manager.
For the owners of the residential premises, three possibilities are legally provided: to manage their property on their own, to unite in the homeowners partnership or to hire the manager. Owners are obliged to maintain their own, individually defined property, and the common property of the house.
Direct governance
If the owners of the residential premises choose a variant of direct management of residential and non-residential premises of an apartment building, which means that all general issues in accordance with Article 164 of the housing codecyrf they decide on their own. The number of owners involved in direct administration, the HCRF does not regulate.To implement its decision in practice, owners can in several ways. First, all current management issues can be solved in the general meetings of the owners of the premises. Secondly, the owners can distribute duties on home management. Thirdly, they can choose one of the tenants, giving him the authority to manage the household economy, or invite a different person from among the owners (it is important to remember that the involvement of a professional manager is a special type of management of an apartment building, and therefore in this case it is It is impossible). The powers of the person who, on behalf of all owners, will enter into relations with third parties (for example, with a repair brigade or security company), must be confirmed by all owners (or by the majority) in writing.
All contracts for the provision of services for maintenance and (or) work on the repair of common property in an apartment building with persons carrying out such activities should be the owners of the premises on the basis of solving their general meeting. In a contract, all or most owners of premises in the house act as one side. At the same time, such agreements remain individually. Primes include primarily agreements on cold and hot water supply, drainage, electricity supply, gas supply (including gas supplies in cylinders), heating (heat supply, including the supply of solid fuel in the presence of furnace heating).
There is another problem - the size of the contributions for the maintenance of an apartment building. It should be noted that the amount is determined in each particular case. The owners of the premises - Owners who are directly managed - make a fee for residential premises and utilities in accordance with agreements concluded with persons who provide relevant services. Questions about what needs to be done for the improvement of the house and the local area, as well as the amount of the participation of each owner in the cost of maintenance of the house, about the amount of fee for the provision of services are discussed at the general meeting of owners. His decision is mandatory for everyone, even for those who have not come to the meeting. Of course, the one who was absent or remained dissatisfied with the proposed and approved action plan, can appeal in court a decision taken by the meeting. However, the law will be on the side of the majority, of course, the case, if the decision is made and documented in accordance with the law.
How to create a home owner partnership (HOA)
Despite all its disadvantages, the owners of the owners of the housing is the most popular form of management of apartment buildings at the moment. One of the first HOAs in Moscow was the Saburovo partnership.
The procedure for creating a HOA, fixed in the housing codecserf, is significantly simplified compared to the one that was provided for by the Federal Law "On Housing Associations". This is done to help the owners of housing in the realization of the right to manage their property. Now the condominium registration is not required as a property complex. It is evidence, before the creation of the HOA, it is not necessary to solve the task of incorporating a land plot on which a multi-apartment building is located, in the composition of condominium.
To register housing owners partnership, the following documents should be provided to the registering authority:
application in the form approved by the Government of the Russian Federation;
Minutes of the general meeting of owners of residential premises with a decision on the establishment of a legal entity - partnership of housing owners;
Reclinists or notarized copies of constituent documents (an exemplary charter of the HOA can be found in the order of the Ministry of State Outline No. 35 dated 03.08.1998
Document on the payment of state duty.
The cost of services of organizations that specialize in registration of legal entities, including partnerships of housing owners, is in the range of 20-50 thousand rubles. If members of the HOA will register the partnership independently, the costs will be approximately 2.5 thousand rubles. Of these, 2 thousand rubles - the state duty for the state registration of a legal entity (Article 333.33 of the Tax Codecarf); 500rup. - State duty for the commission of notarial actions by the notaries of state notarial offices for the certificate of constituent documents (copies of constituent documents) of organizations (Article 333.24 of the Tax Codecarf). In addition, with independent registration, additional organizational expenses will inevitably arise related to the registration of homeowners' accessories.
Registration is carried out by the territorial bodies of the Federal Tax Service.
Housing Association
All issues of home management are resolved by the management bodies of the HOA (the general meeting of members of the partnership) or a cooperative (the general meeting of members of the cooperative conference). The current home management activities are most often carried out not by the general meeting of members of the HOA and Cooperative, but by elected managing and chairman of the Board. At the same time, a revision commission is created, which verifies the financial activity of the partnership (cooperative).
A non-profit organization can manage an apartment building independently (carrying out activities on their own or included in his staff on the basis of an employment contract of home management) or to attract an external control organization (manager) to this, concluding the relevant contract with it. HOA is obliged to conclude agreements on the maintenance and repair of residential premises and common property in an apartment building with owners even if they are not members of the partnership.
Housing Association, a non-profit organization to be registered. Her charter is approved at the general meeting of apartment owners. According to the housing code, "the number of members of the HOA, creating a partnership, should exceed 50% of the votes from the total number of owners of the premises in an apartment building." Listening to the creation of HOA, the management of the house is carried out by organs elected at the general meeting of owners.
Weight forms of management a lot of advantages over others. First of all, HOA as a legal entity can take a bank loan on the common needs of the owners.
In addition to the possessions of the partnership, not only the owners of the owners can be treated, but also a land area at home, a house area, common areas.
Property should first arrange, after which the HOA has the right to dispose of it at its discretion: to sell, lease. But under one condition: the remedy means goes only for house needs. The passport for home ownership is located in the organization who managed the house earlier (Directorate of the Unified Customer), or in BTI, which is enshrined by the instructions on the accounting of the Housing Fund in the Russian Federation (approved by the order of the Ministry of Nations of the Russian Federation No. 37 of 04.08.1998). The land plot on which the apartment buildings and other objects of immovable property are located, is a common share owner of the owners of premises in an apartment building. If the land plot was formed before the introduction of the housing codec and was on the state cadastral records, it goes free of charge into the overall shared property of the owners of the premises in an apartment building.
If the boundaries of the land plot on which the apartment building is located are not defined and documented (i.e., the land is not formed), then on the basis of the decision of the General Assembly of the Owners, the manor or any other authorized by the specified meeting of the person is entitled to apply to state authorities or authorities local self-government with a statement about its formation. After the formation of a land plot and holding its state cadastral accounting, it goes to the total share ownership of the owners of the premises in an apartment building (Article 16 of the Federal Law No. 189-FZ dated December 29, 2004. "On the introduction of housing codecsarf").
There is a HOA and cons. Hospital, it is this form of management that can be a field for abuse from the management bodies of the HOA. The Housing Code contains provisions by which the main idea of HOA is a private-based resolution of residents, and everything else, including the activities of the Board, Chairman, is the activity exclusively managerial, controlled and accountable. In practice, there is often an inverse situation. Invente, the most important minus partnership is the total burden of responsibility. If your neighbor and colleague on the HOA suddenly decides not to pay for utilities, all other owners will have to first cover the shortage of the shortcoming, and only then call the conscience of the defaulter. Thus, instead of rights, which actually acquires the Board of the HOA, the owner of the residential premises reserves only one obligations to pay on accounts on the basis of paragraph 3 and 4 of Article 137 of the Housing Codecarf. Of course, a fee for utilities made by other owners can be returned through the court, but it is almost impossible to achieve evictions of the owner.
The property should first be issued, after which the homeowners are entitled to dispose of it at its discretion: to sell, rent. The remedied funds must only go for house needs.
Managing organization
The assembly of tenants can attract a controller from. By the way, it can make members of the HOA. If before 1 Jump 2007. Owners will not be determined with the candidate of the manager, he will be appointed by the decision of the municipality, which is obliged to hold an open competition of governing organizations.Managing organizations are subject to certification for the conformity of staff under the enterprise group of utilities management bodies, including managing organizations, HOA, JSC IDR. ". Registers of persons and organizations that have passed certification will be published in the media. Housing owners who choose the management organization, so will be able to receive information about those companies whose quality of services is guaranteed by the state.
In fact, the rights and obligations of the management organization will be similar to those eligible for the eligible tenant in direct management. The management organization, representing the interests of tenants, concludes contracts with operational services, solves the improvement of the territory, repair, the use of non-residential premises. Details of the rights and obligations of the manager should be reflected in the contract. It is possible to take into account the interests of all residents and try to foresee all possible options, owners of housing will have to turn to the help of a lawyer. The contract must necessarily provide for measures for the disciplinary and material responsibility of the management organization.
Plus this type of management is obvious: there is no need to create a legal entity (partnership). To appoint a management organization, it is sufficient to solve the general meeting of owners. However, it is necessary to very carefully approach the selection of the management organization, since, having transferred its powers to the management of professional manager, residents will be able to control mainly the results of the management, but not the process itself.
How to determine the fee for utilities and check the size of the contributions?
General rules for the provision of utility services to citizens in accordance with the account 1 Article 157 of the Housing Codecarf are established by the Government. Traditionally, the size of utility fees (hot and cold water supply, water disposal, power supply, gas supply, heating) is determined based on the readings of the accounting devices. If there is no accounting devices, the fee will be calculated on the basis of public services consumption standards. These standards are approved by local governments (in the constituent entities of the Russian Federation of federal significance Moscow and the St. Petersburg authority of the state power of the relevant subject of the Russian Federation) in the manner prescribed by the Government.
In order to check the amount of payment set by the management organization, it is necessary to take the appropriate decree of the territorial settlement and operational body and compare the calculated amount of utility payments with the accrued.
Start to manage
Voting may be full-time and absentee. With a large number of owners of the premises, the general meeting in the form of absentee voting is rationally. In this case, owners convey their decisions on issues posed on the vote in writing at the address that is listed in the General Assembly.
The form of voting at the general meeting of the owners of the premises is determined by the RF.3 Article 48 of the ZhCRF: the number of votes of each owner of the room in an apartment building at a general meeting is proportional to his share in the right of common property for general property in this house. In other words, the number of votes that the owner has is determined by the size (actual area) of its property.
This voting method is common. If we are talking about making decisions by members of the HOA, the order of voting can be defined in the setup (the partnership is entitled to choose not the "voting of square meters", but by any other, for example, by the number of living in the residential room). If there is no voting method in the Charter, it is not stipulated, it should be carried out in accordance with the Housing Code.
The management agreement should reflect the interests of all owners of residential premises in an apartment building equally, as well as provide for the same approaches to cost financing.
If one of the owners is the state
As already mentioned, the worst part of the residential premises is currently owned by citizens. However, residential premises belonging to the municipality are always left. They are necessary, for example, to implement a social hiring program, to remove defaulters of IT.P.Municipal entities, subjects and the Russian Federation participate in decision-making at the General Meeting on Equal Rights with other owners. No privileges for this group of owners of residential premises are not provided by law.
It is also possible that the owner of the premises will be the public association of citizens or trade union. Then the rights and obligations of the collective owner will coincide with the rights and obligations of the individual owner. The only difference will be that to present its interests to the public association will have to be elected one of its members and documented its powers.
If the selection period of the management organization is missed
It is likely that not all owners of the residential premises will be determined with the choice of management option in the allotted period. There is a lawsager question: what will happen to undefined? Of course, after 1 Junk 2007. Owners will not lose the right to choose. The right to manage his property, proclaimed in the Constitution, was enshrined by the Civil Code of Ten years ago. If the owners in the allotted time could not choose a management method, the state will hold a competition for the selection of an organization, which will carry out public utilities of an apartment building. A year later, the company will be inspected by the municipality, and the tenants will communicate whether their work arranges the designated organization. Such a scheme will make it possible to form relationships between the owner and the managers on the basis of an agreement providing for mutual rights and obligations, and the main establishment of responsibility.
If the owners in the allotted time could not choose a management method, the state will hold a competition for the selection of an organization that will carry out public services of an apartment building.
If the management company is discussed
And finally, the last question arises from each owner of the housing: how effective is the new management system? Most- 51% of the surveyed Romir Monitoring Muscovites believe that innovations in the field of managing the residential foundation will not change the current situation; 17% believe that changes will improve the work of public utilities; 11% think that the quality of utility services will deteriorate, and 21% of respondents found themselves with the answer.
According to the majority, the Directorate of the Unified Customer is the main stimulus in the utility system. But we can not appreciate the activities of commercial management organizations. Big plus Deza lies in controllability: The Directorate of the Unified Customer is interested in managing a residential foundation and has certain skills in this area (in the future, all the desars are supposed to be transformed into joint-stock companies, which will increase the interest of the Directorate in the provision of high-quality services). That is why many officials, including representatives of the Department of Housing and Communal Services and Improvement of Moscow, believe that the desire is not the worst management organization.
Summing up, let's say that the relationship between residents of the house and the project manager must be documented. The management agreement, on the basis of which the rights and obligations of both residents of the house and the manager will be carried out, must be particularly carefully. After all, the availability of the impact on the manager and the mechanism of controlling the activities of the management company also depend on it. So the question of friendship between the manager and the resident of the apartment building remains open. The experience of the activities of the HOA has proven that it is possible to establish interaction, but this also requires the time and availability of a legal consultant. Ivangently remember that the chosen way to manage the house can be changed at any time on the basis of the decision of the owners. It will evidence, the decision will be canceled by the owners, and the search for a suitable form of management is continued.