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Decision
Hello, Larisa,
I understand that this is a one-way refusal to pay utility bills due to the lack 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 serve your home?
If we are talking about MKD, and this UK was chosen at a general meeting of owners, in this case, the absence of a contract between you personally and your UK is not grounds for non-payment of utility bills if the services were provided in full.
So, if you live in an apartment building and if at a general meeting of the owners of residential premises by a majority of votes it was decided to conclude an agreement with this CC, then you only have to come to terms with the general decision and pay. Because the decision of the general meeting of owners of premises in an apartment building, adopted in the manner prescribed by the Housing Code of the Russian Federation, is binding on all owners of premises.
General Assembly Decisions
Decisions of the general meeting of owners of premises in an apartment building are made:
. by a majority of not less than two-thirds of the total number of votes of the owners of the premises - on decisions regarding reconstruction tenement housethe construction of farm buildings and other buildings, structures, the repair of common property, the limits of use of the land on which the apartment building is located, including the introduction of restrictions on its use, the transfer to use of common property in an apartment building;
. more than fifty percent of the votes of the total number of votes of the owners of the premises - on the establishment of a partnership of homeowners (Clause 1, Article 136 of the LC RF);
. by a majority of votes of the total number of votes participating in this meeting - on other issues (Articles 44, 46 of the LC RF) with a quorum.
Decisions on the reconstruction of an apartment building, which will result in a decrease in the size of common property, are made only with the consent of all the owners of the premises (Clause 3, Article 36 of the LC RF).
Article 162 of the LC RF. Apartment Management Agreement
1. The management contract for an apartment building is concluded in writing by drafting one document signed by the parties. When choosing a management organization by the general meeting of owners of premises in an apartment building, each management of the premises in such a house shall conclude a management agreement on the conditions specified in the decision of this general meeting. (At the same time, the owners of the premises in this house, with more than fifty percent of the votes of the total votes of the owners of the premises in this house, act as one party to the contract.)
2. Under an apartment building management agreement, one party (managing organization), on the instructions of the other party (owners of premises in an apartment building, management bodies of a partnership of homeowners or management bodies of a housing cooperative or management bodies of another specialized consumer cooperative), agrees to provide for a fee for a fee services and perform work on the proper maintenance and repair of common property in such a house, provide utility services to ICAM rooms in a house and enjoying the facilities in the house parties, to carry out other management aimed at achieving the objectives of an apartment house activities.
3. The contract for the management of an apartment building shall indicate:
1) the composition of the common property of the apartment building in respect of which management will be carried out, and the address of such a house;
2) a list of services and work on the maintenance and repair of common property in an apartment building, the procedure for changing such a list, as well as a list of utility services provided by the managing organization;
3) the procedure for determining the price of the contract, the amount of fees for the maintenance and repair of residential premises and the amount of fees for utilities, as well as the procedure for making such fees;
4) the procedure for monitoring the implementation by the managing organization of its obligations under the management agreement.
4. The terms of the apartment building management contract shall be established the same for all owners of premises in the apartment building.
5. An apartment building management agreement is concluded for a period of not less than one year and not more than five years, and in the case specified in paragraph 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 on the termination of the apartment building management contract at the end of its validity period, such an agreement shall be considered extended for the same period and under the same conditions as were provided for by such an agreement.
7. Unless otherwise provided by the apartment building management agreement, the managing organization shall be obliged to proceed with the implementation of such an agreement no later than thirty days from the date of its signing.
8. Change and (or) termination of the apartment building management contract are carried out in the manner prescribed by civil law.
8.1. The owners of premises in an apartment building unilaterally have the right to refuse to execute the apartment building management agreement concluded according to the results of an open tender provided for in paragraph 4 of Article 161 of this Code, after each subsequent year from the date of conclusion of the said agreement, if this expires of the agreement by the general meeting of the owners of the premises in the apartment building, a decision was made to choose or change the way this house is managed.
8.2. 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 contract for the apartment building if the managing organization does not fulfill the terms of such an agreement.
9. The management of an apartment building owned by a housing cooperative or in which a partnership of homeowners has been created is subject to the provisions of sections V and VI of this Code.
10. The managing organization, thirty days before the termination of the multi-apartment building management contract, is obliged to transfer the technical documentation for the multi-apartment building and other documents related to the management of such a building to the newly selected managing organization, the homeowners' association or the housing cooperative or other specialized consumer cooperative, or in the case of direct management of such home owners of premises in such a house to one of these owners specified in the decision of the general obraniya data owners on choosing a method of controlling such a home, or, if such owner is not specified, to any owner of the premises in such a house.
11. Unless otherwise provided by the multi-apartment building management agreement, the managing organization annually during the first quarter of the current year submits to the owners of the premises in the multi-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 by the State Housing Inspection on JI:
Do you have any questions? Ask, the answer will follow immediately!
Customer Clarification
i probably did not clearly describe the situation. In general, there was a meeting because the manager was running out of time in a month and we wanted to choose another, even the director arrived. But they didn’t even give a word. The deputy of the district was in charge, she said there weren’t any new ones, you would have the same Criminal Code and that’s all. over. What was the Criminal Code and that remained. Nobody signed the agreement. The deputies said let them work for another year. Now on March 1 this year ends. I don’t understand, because the residents of the agreements do not sign, but they continue to manage. And they don’t let me choose a new one. Neither the prosecutor’s office, nor anyone they want to help, they just do unsubscribe, no checks are carried out wherever people go to. The general director says to everyone wherever you go, everything will always be my way. Is there really no government for such people?
- contract with the management company, judicial arbitrariness
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Lawyers Answers (11)
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- Composition of the property of the house;
- A number of robots performed by the UK for home maintenance;
- Price - the amount of payment for the repair and maintenance of housing;
- Information about the liability of each of the parties in court;
- The procedure and control over the implementation of each of the obligations indicated by the management company;
- Reporting of the management commission for the implementation of the agreement;
- Not necessarily, but the composition of the property for those. passport, so as not to be after that it is not.
- A list of works and services required to carry out repairs is included.
- It is also important whether the contract contains a list of all the work carried out by the management company is an addition to the agreement, and if it is not, then, in fact, the management company is not obliged to perform them.
- accident service;
- waste disposal;
- repair of elevators and their maintenance, etc. etc.
Gosteeva Yana
Lawyer, Moscow
Dear Vladimir.
And what prevents you "the whole world" in the person of one authorized "senior" to sue and write a statement to the Prosecutor's Office ?!
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Lawyer, Stavropol
Chatting
Hello, Vladimir!
All tariff increases must be approved by the owners at the general meeting (in accordance with Articles 44-48 of the LC RF) and drawn up by the minutes of the general meeting. You now need to demand the issuance of the minutes of the general meeting to you (write a written request to the Criminal Code) and then appeal it in court under Part 6 of Article 46 of the LC RF.
Regarding the change of the Criminal Code, a meeting of owners is necessary.
According to part 8.2 of article 162 of the Criminal Code of the Russian Federation, 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 fulfill the management contract for the apartment building if the managing organization does not fulfill the terms of such an agreement and decide on the choice another management organization or a change in the way this house is managed.
Good luck!
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Konstantinov Oleg
Lawyer, Moscow
Hello, Vladimir.
Officially, you now have a new Criminal Code, which was not understood by anyone, as far as I understand ????
Make a formal written request to both of the management companies, which of them is your management company. Within 30 days they will be required to respond.
Also, make a request to the city administration. Pay to the company that you are currently operating officially, that is, according to the documents.
If you now officially have the Criminal Code promoted by the administration, then file a lawsuit against the recognition of the selected company as illegal, as there should be 2/3 of the votes of the general meeting, and even falsification of signatures.
Be sure to immediately solicit 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.
Regards, Oleg
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Lawyer, Moscow
Chatting
Hello Vladimir!
If everything is so corrupt there for you that even the deputies defend the interests of the management company, then you must write a complaint to the Prosecutor General of the Russian Federation. In the complaint, specify in detail everything about the role of deputies and other officials, about the statement of the Director General: “Wherever you turn, everything will always be in my opinion”. It is better to file a collective complaint on behalf of the largest possible group of persons. Those. all dissatisfied let them sign this complaint. Perhaps this will help solve your problem.
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Customer Clarification
Thanks understood. Maybe then specify the exact address of the prosecutor general’s office, and what laws to refer to when filing a complaint.
Gosteeva Yana
Lawyer, Moscow
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Lawyer, Moscow
Chatting
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Lawyer, Stavropol
Chatting
Vladimir, I repeat once again, you yourself can choose a management company that is convenient for you with a majority of 2/3 of the owners. To do this, you need to create an initiative group, hold a meeting (without the participation of the old management company), count the votes and send a notice to the old management company to terminate the contract (the contract continues act, residents with 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, the new Criminal Code will file a lawsuit with the arbitration court to remove obstacles to the management of the house.
In addition, she would advise complaining about the deputy’s actions (she’s not getting into her own business) to the party’s supreme body (Moscow), where she is a deputy. You can also write in the media about the actions of the deputy, etc.
Why does the management company you want to go to not work? Why doesn't she hook up her lawyer? After all, they are interested in managing another house.
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Customer Clarification
A woman came as the director of the new Criminal Code, so this one of our Managers raked her breasts and let's shout directly: you are who you are, what are you getting in here, she says I’m the director of such a company, and he is the director today, and tomorrow you’ll be nobody I promise you. These are our things, people go and are afraid to say another word.
Lawyer, Stavropol
Chatting
A woman came to be the director of the new Criminal Code, and so this one of our managers raked her breasts and let's shout directly: you are who you are, what’s you getting in here, she says I’m the director of such a company, and he is the director today, and tomorrow you’ll be nobody I promise you. These are our things, people go and are afraid to say another word.
Yes, it’s sad that everyone is afraid of everyone.
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Gosteeva Yana
Lawyer, Moscow
No need to be afraid! Need to defend your interests!
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Customer Clarification
thank you my dear tomorrow I’ll start acting, if I think you can help me, Regards Vladimir.
Lawyer, Moscow
Chatting
A woman came to be the director of the new Criminal Code, and so this one of our managers raked her breasts and let's shout directly: you are who you are, what’s you getting in here, she says I’m the director of such a company, and he is the director today, and tomorrow you’ll be nobody I promise you. These are our things, people walk and are afraid to say too much
You’ll be silent, in general you will be pushed for mozhay. We need to act, involve the Prosecutor General’s Office in the investigation of the matter, you can contact the media as advised by colleagues.
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Lawyer, Moscow
Chatting
Hello Dmitry!
In accordance with paragraph 3. -6 Art. 161 LCD RF
The method of managing an apartment building is selected at a general meeting of the owners of the premises in the apartment building and can be selected and changed at any time based on its decision. The decision of the general meeting on the choice of management method is mandatory for all owners of premises in an apartment building.
4. The local government in the manner prescribed by the Government of the Russian Federation, conducts an open competition for the selection of the managing organization if, within a year before the day of the said competition, the owners of the premises in the apartment building have not chosen the way to manage this house or if the decision has been made to choose the way to manage this The house was not sold. An open tender shall also be held if, prior to the expiration of the contract for the management of an apartment building, concluded as a result of an open tender, a method for managing this house has not been selected or if the decision to choose a method for managing this house has not been implemented.
5. The local government within ten days from the date of the open tender, provided for in paragraph 4 of this article, notifies all owners of premises in an apartment building about the results of the tender and the terms of the contract for managing this house. The owners of premises in an apartment building are required to conclude a management contract for this house with a management company selected based on the results of the open tender provided for in paragraph 4 of this article, in the manner established by article 445 of the Civil Code of the Russian Federation.
8. The conclusion of a multi-apartment building management contract without an open tender as provided for in paragraphs 4 and 13 of this article shall be 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 the owners of the premises in the apartment building.
If, during the year prior to the day of the competition, the owners of the premises in the multi-apartment building did not choose the method of managing this house, or if the decision to choose the method of managing this house was not implemented, then the Places Authority self. was entitled to choose the Criminal Code with which the property. were obliged to zakl. contract.
If before the expiration of the contract for the management of an apartment building, concluded with the Criminal Code by competition, the decision to choose a method of managing this house was not implemented, then the admin. entitled 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. The right to conduct an open competition and choose a management company for your home.
According to paragraph 8 of article 162 of the LC RF Change and (or)
termination of the apartment building management contract is carried out in the manner
provided for by civil law.
8.1. Owners of premises in an apartment building in
unilaterally entitled to refuse to execute the management contract
an apartment building concluded according to the results of an open tender,
provided for by parts 4 and 13 of Article 161 of this Code,
after each subsequent year from the date of conclusion of the specified contract in
if prior to the expiration of such an agreement the general meeting
owners of premises in an apartment building decided to choose or to
changing the way you manage this house.
That is, a unilateral refusal to fulfill the Agreement with the Criminal Code, selected by tender is possible on the basis of a decision of the general meeting.
If the management company invoices the whole year, and the residents pay, then they recognize the receipt of services and, therefore, the agreement with the management company is actually valid.
According to Art. 435 and Art. 438 of the Civil Code
That is, if the Criminal Code invoices the whole year 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.An offer is an offer addressed to one or several specific persons, which is quite definite and expresses the intention of the person who made the offer to consider himself to have concluded a contract with the addressee who will accept the offer.
Acceptance is the response of the person to whom the offer is addressed, on its acceptance.
The fulfillment by the person who received the offer, within the time period established for its acceptance, of actions to fulfill the conditions of the agreement specified therein (shipment of goods, provision of services, performance of work, payment of the corresponding amount, etc.) is considered an acceptance, unless otherwise provided by law, other legal acts or not specified in the offer.
According to claim 1, p. 3 and p. 7 Article 156 of the LC RF
That is, prices for repair and maintenance of housing are set at the general meeting of the owners of the apartment building, and for tenants (i.e. for residents of apartments owned by the municipality) are set by the local administration. The increase in prices for tariffs set earlier is controlled by the owners, and new prices are approved by the decision of the meeting.pay
for the maintenance and repair of residential premises is established in the amount of,
providing maintenance of common property in an apartment building in
compliance with legal requirements.The amount of the fee for the maintenance and repair of a residential building in an apartment building in which a partnership of homeowners or a housing cooperative or other specialized consumer cooperative is not established is determined at the general meeting of the owners of the premises in such a house, which is carried out in the manner established by Articles 45 - 48 of this Code . The size of the fee for the maintenance and repair of residential premises in an apartment building is determined taking into account the proposals of the managing organization and is set for a period of not less than one year.
The size of the fee for the use of residential premises
(fees for rent), fees for the maintenance and repair of housing for tenants
residential premises under social rental agreements and rental 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, which
didn’t make a decision on choosing a method of managing an apartment building,
established by local authorities (in the subjects of the Russian
Federation - cities of federal significance Moscow and St. Petersburg - authority
state authority of the respective subject of the Russian Federation, if
the law of the relevant constituent entity of the Russian Federation does not establish that
these powers are exercised by local governments
intracity municipalities).
Therefore, in general, only owners are entitled to raise prices for existing tariffs. At the same time, residents must take into account the real costs of their UK.
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. In addition, if Adm. imposes on you the Criminal Code, then you should send a letter. complaint to the Housing Inspection.I can
provide a claim, complaint, and
Advise on a successful solution to the issue in the chat.
Regards F, Tamara
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And what are the agreements concluded by the HOA with managing organizations?
The Housing Code of the Russian Federation obliges each apartment building to sign a management agreement with the Criminal Code. The Criminal Code in this case is nothing more than a DES, only with a different name, but with the same monopoly proportions. The employees of the management companies simply changed the name of their previous work, while the same plumbers, inspectors and superiors remained in their places. Only how to get all the same unscrupulous workers to carry out their work and the necessary services, for which you, by the way, now pay money from your pocket?
The agreement with the management company will help to approve all rights and obligations, responsibility and a list of all works.
It is extremely important for all owners of apartments in a multi-storey building to choose a management method at a general meeting, to draw up the text of a house management agreement, which the management company is obliged to sign with each apartment owner.
According to the Civil Code of the Russian Federation, such agreements are binding on all homes. It determines the obligations of citizens, the observance of which will be regulated by the court. Based on this, it is critical 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. It is carried out according to article 162 of the LC RF.
An agreement with a management company for managing an apartment building 2013 must include:
The most important point in the contract is the price!
According to the price, tenants are required to pay for the services of the management company. The new Housing Code of the Russian Federation has established that local utilities 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 residents 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, which will store funds for maintenance and repair. It is necessary to pay attention to the fact that in the meeting to choose a person who will control the flow of funds.
The house management agreement with the organization also requires a record of the Customer’s responsibility, where homeowners register the Contractor’s responsibility. This is a reverse process that is regulated on both sides.
Speaking of cleanliness, the executing companies are not often eager to report where the funds were spent and to what extent, but if this item is written in the contract with the management company, the service company agrees to provide a report of the spent money according to the schedule that the partnership wishes .
Each company concluding 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:
An interesting example of an agreement with a management company is on the website of the Rusich management company. It is not ideal, but as a case study, it can be
