Documents for an agreement with the management company. How to conclude an agreement with a management company

Solution

Hello Larissa,

I understand that we are talking about a one-sided refusal to pay for utilities due to the absence of an agreement with the Criminal Code? In this case, the absence of a contract does not give you any advantages in court.

Tell me, on what basis does this UK service your home?

If we are talking about MKD, and this MC was chosen at the general meeting of owners, in this case the absence of an agreement between you personally and your MC is not a reason for non-payment of utility bills if the services were provided in full.

So, if you live in an apartment building and if at the general meeting of the owners of residential premises, by a majority vote, it was decided to conclude an agreement with this Criminal Code, then you just have to accept the general decision and pay. Because the decision of the general meeting of owners of premises in an apartment building, adopted in accordance with the procedure established by the Housing Code of the Russian Federation, is mandatory for all owners of premises.

General meeting decisions
Decisions of the general meeting of owners of premises in an apartment building are made:
... by a majority of at least two-thirds of the total number of votes of the owners of the premises - on the issues of making decisions on reconstruction apartment building, construction of outbuildings and other buildings, structures, repair of common property, on the limits of use land plot, on which the apartment building is located, including the introduction of restrictions on the use of it, on the transfer for use of common property in an apartment building;
... more than fifty percent of the votes of the total number of votes of owners of premises - on the issue of creating a partnership of homeowners (clause 1 of article 136 of the RF LC);
... by a majority of votes from the total number of votes participating in this meeting - on other issues (Articles 44, 46 of the RF LC) if there is a quorum.
Decisions on the reconstruction of an apartment building, as a result of which there will be a decrease in the size of the common property, are taken only with the consent of all owners of the premises (clause 3 of article 36 of the RF LC).

Article 162 of the LC RF. Management contract for an apartment building

1. The contract for the management of an apartment building is concluded in writing by drawing up one document signed by the parties. When choosing a management organization by a general meeting of owners of premises in an apartment building, a management agreement is concluded with each owner of a premises in such a building on the terms specified in the decision of this general meeting. (In this case, the owners of premises in this house, possessing more than fifty percent of the votes of the total number of votes of owners of premises in this house, act as one party to the agreement to be concluded.)

2. Under the contract for the management of an apartment building, one party (the managing organization), on the instructions of the other party (owners of premises in an apartment building, management bodies of a homeowners' partnership or management bodies of a housing cooperative or management bodies of another specialized consumer cooperative), within an 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, provide utilities owners of premises in such a house and persons using premises in this house, to carry out other activities aimed at achieving the goals of managing an apartment building.

3. The contract for the management of an apartment building must indicate:

1) the composition of the common property of an apartment building, in respect of which the management will be carried out, and the address of such a building;

2) a list of services and works for the maintenance and repair of common property in an apartment building, the procedure for changing such a list, as well as a list of utilities provided by the management organization;

3) the procedure for determining the price of the contract, the amount of payment for the maintenance and repair of residential premises and the amount of payment for utilities, as well as the procedure for making such a fee;

4) the procedure for exercising control over the fulfillment by the management organization of its obligations under the management agreement.

4. The terms of the contract for the management of an apartment building are established the same for all owners of premises in an apartment building.

5. A contract for the management of an apartment building is concluded for a period of not less than one year and not more than five years, and in the case specified in part 5 of Article 161 of this Code, for a period of not less than one year and not more than three years.

6. In the absence of a statement by one of the parties to terminate the management agreement for an apartment building at the end of its validity period, such an agreement shall be deemed extended for the same period and on the same conditions as provided for by such an agreement.

7. Unless otherwise established by the agreement for the management of an apartment building, the management organization is obliged to begin the implementation of such an agreement no later than thirty days from the date of its signing.

8. Changes and (or) termination of the management agreement for an apartment building are carried out in the manner prescribed by civil legislation.

8.1. The owners of premises in an apartment building unilaterally have the right to refuse to execute an agreement for the management of an apartment building, concluded as a result of an open tender provided for in part 4 of Article 161 of this Code, after the expiration of each subsequent year from the date of the conclusion of the said agreement, if before the expiration of such of the agreement, a general meeting of owners of premises in an apartment building made a decision to choose or change the method of managing this building.

8.2. The owners of premises in an apartment building, on the basis of a decision of the general meeting of owners of premises in an apartment building, unilaterally have the right to refuse to execute the agreement for the management of an apartment building if the management organization does not fulfill the terms of such an agreement.

9. Management of an apartment building, which is owned by a housing cooperative or in which a homeowners' partnership has been established, shall be carried out taking into account the provisions of Sections V and VI of this Code.

10. The management organization, thirty days before the termination of the management agreement for an apartment building, is obliged to transfer the technical documentation for the apartment building and other documents related to the management of such a building to the newly selected management organization, a homeowners' partnership or a housing cooperative or other specialized consumer cooperative, or in the case of direct management of such a building. a house by the owners of premises in such a house to one of these owners specified in the decision of the general collection of these owners on the choice of a method of managing such a house, or, if such an owner is not specified, to any owner of the premises in such a house.

11. Unless otherwise established by the management agreement for an apartment building, the management organization annually during the first quarter of the current year submits to the owners of premises in the apartment building a report on the implementation of the management agreement for the previous year.

As for the court session, you have the right to file a motion to postpone it in order to prepare your legal position.

Your questions on the management of MKD will be answered in the State Housing Inspectorate for CO:

Clarification of the client

I probably did not clearly describe the situation. In general, there was a meeting. the manager's term was ending in a month and we wanted to choose another one, even the director of another came, but he was not even given the floor. The deputy of the district was in charge, she said, no new ones, you will have the same Criminal Code and that's it. People dispersed and that's it. ended.What was the Criminal Code that remained. No one signed the contract. The deputy said let them work for another year. Now March 1 is ending this year. I don’t understand, because the residents do not sign contracts, but they continue to manage. And they do not give a new one to choose. Neither the prosecutor’s office, nor anyone else. they want to help, they only give unsubscriptions, no checks are carried out wherever people go. The General Director says so to everyone, wherever you go, everything will always be my way. Is there really no justice for such people?

contract with a management company, arbitrariness

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Lawyers Answers (11)

Gosteeva Yana

Lawyer, Moscow

• 2695 replies

  1,298 reviews

Dear Vladimir.

And what is stopping you "by the whole world" in the person of one authorized "senior" to file a lawsuit and write a statement to the Prosecutor's Office ?!

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Lawyer, Stavropol

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• 9.8 rating
• expert

Hello Vladimir!

All tariff increases must be approved by the owners at the general meeting (in the order of Articles 44-48 of the RF LC) and drawn up by the minutes of the general meeting. You now need to demand the issuance of the minutes of the general meeting (write a written request to the Criminal Code) and then appeal it in court, part 6 of article 46 of the RF LC.

Regarding the change of the Criminal Code, it is necessary to hold a meeting of owners.

According to part 8.2 of article 162 of the Criminal Code of the Russian Federation, the owners of premises in an apartment building, on the basis of a decision of the general meeting of owners of premises in an apartment building, unilaterally have the right to refuse to execute the management agreement for an apartment building if the management organization does not fulfill the terms of such an agreement, and decide on the choice another management organization or about changing the way this house is managed.


Good luck!

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Konstantinov Oleg

Lawyer, Moscow

• 1851 answers

  733 reviews

Hello Vladimir.

Officially, you now have a new Criminal Code, which was elected by someone unclear as far as I understand ????

Make a formal written request to both UK which of them is yours management company... They will be obliged to answer you within 30 days.

Also, make a request to the city administration.Pay to the company that is now officially operating for you, that is, according to documents.

If you now officially have the Criminal Code, which has been promoted by the administration, then file a lawsuit to recognize the selected company illegally, since there should be 2/3 of the votes from the general meeting, and even falsification of signatures.

Be sure to immediately petition that you will not pay utility bills until there is a court decision on which company should manage you and whether it is legal.

Also write immediately a statement to the prosecutor's office.

Regards, Oleg

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Lawyer, Moscow

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Hello Vladimir!

If everything is so corrupt there that even the deputies defend the interests of the management company, then a complaint should be written to the General Prosecutor's Office of the Russian Federation. In the complaint, specify everything in detail and about the role of deputies and other officials, about the statement of the Director General: "Wherever you go, everything will always be my way"... It is better to file a complaint collectively, on behalf of the largest possible group of people. Those. all dissatisfied let them sign this complaint. Perhaps this will help solve your problem.

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Clarification of the client

Thank you understood. Maybe then specify the exact address of the General Prosecutor's Office, and which laws to refer to when filing a complaint.

Gosteeva Yana

Lawyer, Moscow

• 2695 replies

  1,298 reviews

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Lawyer, Moscow

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Lawyer, Stavropol

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Vladimir, I repeat, you yourself can choose a management company convenient for you by a majority of 2/3 of the owners, for this you need to create an initiative group, hold a meeting (without the participation of the old Criminal Code), count the votes and send the old Criminal Code a notice of termination of the contract (the contract continues act, tenants by their actions to pay com services and fees for the maintenance of common property actually prolonged the contract). If the Criminal Code refuses to transfer documents, personal accounts of owners, keys and other things necessary to manage the house of the new Criminal Code, then the new Criminal Code will file a claim with the arbitration court to remove obstacles to the management of the house.

In addition, I would advise you to complain about the actions of the deputy (she does not go into her own business) to the supreme body of the party (Moscow), where she is a deputy. You can also write in the media about the actions of the deputy, etc.

Why is the management company to which you want to go not working? Why doesn't she involve her lawyer? After all, they are interested in managing another house.

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Clarification of the client

A woman came as the director of the new Criminal Code, and so this our Administrator grabbed her by the breasts and let's yell right out,: Who are you, why are you climbing here, she says I am the director of such a Criminal Code, and he is in front of everyone _ you are the director today, and tomorrow you will be nobody I promise you. These are our things, people walk around and are afraid to say too much.

Lawyer, Stavropol

Chat
• 9.8 rating
• expert

A woman came as the director of the new Criminal Code, so this our Administrator grabbed her by the breasts and let's yell right out: Who are you, why are you getting in here, she says I am the director of such a Criminal Code, and he is in front of everyone _ you are the director today, and tomorrow you will be nobody I promise you. These are our things, people walk around and are afraid to say an extra word.


Yes, it's sad that everyone is afraid of everyone.

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Gosteeva Yana

Lawyer, Moscow

• 2695 replies

  1,298 reviews

Don't be afraid! You need to defend your interests!

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Clarification of the client

Thank you, my dears, tomorrow I will begin to act, if I think you can help me, Sincerely Vladimir.

Lawyer, Moscow

Chat
• expert

A woman came as the director of the new Criminal Code, so this our Administrator grabbed her by the breasts and let's yell right out: Who are you, why are you climbing here, she says I am the director of such a Criminal Code, and he is in front of everyone _ you are the director today, and tomorrow you will be nobody I promise you. This is how we are doing, people walk around and are afraid to say too much


You will be silent, in general they will drive you for mozhay. We must act, involve the Prosecutor General's Office in the proceedings, you can turn to the media as your colleagues advise.

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Lawyer, Moscow

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Hello Dmitry!




In accordance with paragraph 3. -6 of Art. 161 LCD RF

The method of managing an apartment building is selected at a general meeting of owners of premises in an apartment building and can be selected and changed at any time on the basis of its decision. The decision of the general meeting on the choice of the management method is mandatory for all owners of premises in an apartment building.

4. Local self-government body in the manner prescribed by the Government Russian Federation, holds an open tender for the selection of a managing organization, if, within a year before the day of the said tender, the owners of the premises in the apartment building have not chosen the method of managing this building, or if decision the choice of the way to manage this house was not implemented. An open tender is also held if, before the expiration of the term of the management agreement for an apartment building, concluded as a result of an open tender, the management method for this building has not been chosen, or if the decision to choose the management method for this building has not been implemented.




5. The local self-government body, within ten days from the date of the open tender provided for in part 4 of this article, notifies all owners of premises in an apartment building of the results of the said tender and the terms of the contract for the management of this building. The owners of premises in an apartment building are obliged to conclude a management agreement for this building with a management organization selected based on the results of an open tender provided for in part 4 of this article, in the manner prescribed by article 445 of the Civil Code of the Russian Federation.


8. The conclusion of an agreement for the management of an apartment building without holding an open tender provided for in parts 4 and 13 of this article is allowed if the said tender is declared invalid in accordance with the legislation.


That is, the method of managing an apartment building is selected at a general meeting of owners of premises in an apartment building.


If, within a year prior to the day of the competition, the owners of the premises in the apartment building did not choose the way to manage this building, or if the decision to choose the way to manage this building was not implemented, then the Local Authority. self. had the right to choose the Criminal Code, with which he owned. were obliged to sl. contract.

If, before the expiration of the contract for the management of an apartment building, concluded with the management company by competition, the decision on the choice of the method of managing this house was not implemented, then the administrator. has the right to hold a competition.

Therefore, if in March 2013 the contract with the management company expired, but in February the residents collected signatures (100%). but the contract with the new Criminal Code was not concluded, then Adm. has the right to hold an open tender and choose a management company for your home.

According to clause 8 of article 162 of the LC RF Amendment and (or)
termination of the management agreement for an apartment building is carried out in accordance with the procedure
provided for by civil law.




8.1. The owners of premises in an apartment building in
unilaterally has the right to refuse to execute the management contract
an apartment building, concluded based on the results of an open tender,
provided for in parts 4 and 13 of Article 161 of this Code,
upon the expiration of each subsequent year from the date of the conclusion of the specified contract in
if, before the expiration of such an agreement, the general meeting
owners of premises in an apartment building, a decision was made to choose or
changing the way that home is run.




That is, a unilateral refusal to execute the Agreement with the Management Company selected by competition is possible on the basis of the decision of the general meeting.

If the Criminal Code issues invoices all year, and residents pay, then they acknowledge the receipt of services and, therefore, the contract with the Criminal Code is actually valid.

According to Art. 435 and Art. 438 of the Civil Code of the Russian Federation

An offer is a proposal addressed to one or several specific persons, which is sufficiently definite and expresses the intention of the person who made the proposal to consider himself to have concluded an agreement with the addressee who will accept the proposal.


Acceptance is the response of the person to whom the offer is addressed regarding its acceptance.


The performance by the person who received the offer, within the time period established for its acceptance, of actions to fulfill the terms of the contract specified in it (shipment of goods, provision of services, performance of work, payment of the corresponding amount, etc.) is considered acceptance, unless otherwise provided by law, other legal acts or is not specified in the offer.


That is, if the Criminal Code issues invoices all year round and residents pay, then this is considered an acceptance of the offer of services and therefore the contract with the Criminal Code is considered concluded.


According to clause 1, clause 3 and clause 7 Article 156 of the LC RF

pay
for the maintenance and repair of a dwelling is set in the amount,
providing the maintenance of common property in an apartment building in
in accordance with the requirements of the legislation.

The amount of payment for the maintenance and repair of residential premises in an apartment building, in which an association of homeowners or a housing cooperative or other specialized consumer cooperative has not been established, is determined at a general meeting of owners of premises in such a building, which is held in accordance with the procedure established by Articles 45 - 48 of this Code. ... The amount of payment for the maintenance and repair of residential premises in an apartment building is determined taking into account the proposals of the management organization and is established for a period of at least one year.





The amount of payment for the use of residential premises
(rental fees), maintenance and repair fees for tenants
residential premises under social tenancy agreements and residential tenancy agreements
premises of the state or municipal housing stock and the amount of payment for
maintenance and repair of residential premises for owners of residential premises who
did not make a decision on the choice of the management method for the apartment building,
are established by local governments (in the subjects of the Russian
Federation - the cities of federal significance Moscow and St. Petersburg - the body
state power of the corresponding constituent entity of the Russian Federation, if
the law of the corresponding constituent entity of the Russian Federation does not establish that
these powers are exercised by local governments
intracity municipalities).

That is, prices for repair and maintenance of housing are set at the general meeting of owners of an apartment building, and for tenants (i.e. for residents of apartments that are in municipal ownership), they are set by the local administration. The increase in prices for tariffs established earlier is controlled by the owners, and new prices are approved by the decision of the meeting.

Therefore, in general, only owners have the right to raise prices for existing tariffs. In this case, residents should take into account the real costs of their management company.

Thus, you should now draw up a new decision to change the Criminal Code and send a letter. claims of the Criminal Code regarding tariffs. Besides, if Adm. imposes the Criminal Code on you, then you should send a letter. a complaint to the ZhIlinspektsiya.


I can
provide a service for drawing up a claim, complaint, and
advise on the successful solution of the issue in the chat.
Best regards F, Tamara


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And what are the contracts concluded by the HOA with the managing organizations?

The Housing Code of the Russian Federation obliges each apartment building to sign a management agreement with the Criminal Code. In this case, the Criminal Code is nothing more than DES, only with a different name, but with the same monopoly scale. The employees of the management companies simply changed the name of their previous job, and the same plumbers, inspectors and bosses remained in their places. But how to get all the same unscrupulous workers to do their job and the necessary services for which you, by the way, are now paying money out of your pocket?

An agreement with a management company will help to approve all rights and obligations, responsibility and a list of all works.

It is extremely important for all apartment owners in a multi-storey building to choose a management method at a general meeting, to draw up a text of a building management agreement, which the management company must subsequently sign with each apartment owner.

According to the Civil Code of the Russian Federation, such agreements are binding on all houses. They define the obligations of citizens, the observance of which will be regulated by the court. Based on this, it is critically important that each apartment owner knows what he signs and why he does it, what are the terms of the contract.

We provide a sample contract for the management of an apartment building. Performed in accordance with article 162 of the LC RF.





The contract with the management company for the management of an apartment building in 2013 must include:

• The composition of the property of the house;
• A number of robots performed by the MC for home maintenance;
• Price - the amount of payment for the repair and maintenance of housing;
• Information about the responsibility of each of the parties in court;
• Procedure and control over the fulfillment of each of the obligations specified by the management company;
• Reporting of the management commission for the implementation of the agreement;
• It is not necessary, but the composition of the property is entered for those. passport, so that it does not appear after, that it is not.
• A list of works and services required to complete the repair is introduced.
• It is also important whether the list of all works performed by the Criminal Code is spelled out in the contract, is an addition to the contract, and if this is not the case, then, in fact, the Criminal Code is not obliged to fulfill them.





The most important point in the contract is the price!

According to the price, the residents of the house are obliged to pay for the services of the Criminal Code. The new Housing Code of the Russian Federation established that local governments set prices for all utilities. And for the maintenance of the house and the repair of housing, prices are determined at the general meeting of tenants and the commission of the Criminal Code. This means that the price is negotiable and may change if it is specified in the contract as a percentage.

It is also recommended to include in the contract a clause on the creation of a personal account at home, on which funds for maintenance and repairs will be stored. It is necessary to pay attention to the fact that in the meeting to choose a person who will control the expenditure of funds.

The house management contract with the organization also requires a record about the responsibility of the Customer, where the homeowners prescribe the responsibility of the Contractor. This is a reverse process that is regulated on both sides.

To be honest, the executing companies are not often eager to report on where the funds were spent and in what volume, but if this clause is written into the contract with the management company, then the service company undertakes to provide a report on the funds spent according to the schedule that the partnership wishes. ...

Each company that concludes an agreement with you is not responsible for the tricks of the previous one, and most often the list of mandatory works of the Criminal Code includes:

• service in case of an accident;
• garbage disposal;
• repair of elevators and their maintenance, etc. etc.





An interesting example of an agreement with a management company can be found on the website of the Rusich management company. It is not ideal, but as an example it can be