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Jul 31, 2020
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I’ll go to the house manager! When and how to change your Criminal Code

Tired of hot water interruptions and frequent power outages, many residents are trying to abandon the management services of some utilities and invite others to take their place. Life figured out how to change the Criminal Code if the quality of its work does not suit, and how much this step can justify the wishes of homeowners in an apartment building.

Residents of apartment buildings, paying monthly for the work of their management company (MC), rightly count on high-quality services and a conscientious attitude of performers to their work, but some companies do not really try for their clients even in normal times. And in the post-coronavirus time, some utilities generally lowered the quality of their work. In a number of cases, the Criminal Code performs only emergency work, while officially, in response to complaints, they answer that, they say, the volume of preventive work is increasing, and there is not enough funding even for current repairs. And, in general, the temporary moratorium on debt collection in the current situation allegedly makes the operation of the Criminal Code unprofitable.

Communal problems

Indeed, our government, in its decree No. 424 of 04/02/2020, established that in the period from April 2, 2020 to December 31, 2020, the right of utilities to demand the payment of penalties (fines, penalties) for debts on utility services was suspended, and during this period it is also impossible disconnect consumers from utility services, even if they are non-payers. Thus, when applying to court before the beginning of next year, management companies have the right to recover only the principal amount without interest. At the same time, a simplified procedure is provided for collecting debts for housing and communal services: the court issues a court order (this is done without notifying the debtor), and the bailiffs on the initiated enforcement proceedings on the basis of this court order have the right to withhold money from the debtor's bank accounts.

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But the "communal businessmen" were not happy with this state of affairs, they still want to collect for "general house services", and in the courts this line, which is at least a quarter of the monthly payment of each payer, raises questions that have no answers. And the owners of residential premises themselves in some cases began to suspect that their money was going "in the wrong place", and took care of changing the management company.

The main thing is initiative

According to the law, you can change the management company in one of two ways: wait until the contract with the current company ends, or terminate the contract with it by inviting another. The first method is the simplest and most painless, but rarely applicable. As a rule, the Criminal Code draws up the contract in such a way that it is renewed automatically or with minimal legal risk. Therefore, the general rule applies: if the tenants do not declare the termination of the contract by the expiration date, the contract is extended for the same period under the same conditions. This means that the way through unilateral termination - such a right is provided for by Part 8.2 of Art. 162 LCD RF. But this process is not easy.

By law, the decision to terminate the management contract is made by the general meeting of the owners. The meeting itself can be organized by any of the owners of the premises in the house (in practice, in order to do everything, an initiative group is needed), while the initiator must not only determine the range of issues on the agenda, determine the form (full-time, part-time, part-time), date, the place of the meeting or the place of collection of votes in absentee voting, but also notify all owners in the house about the upcoming meeting, this must be done no later than ten days before the selected date (Articles 44-48 of the LC RF).

If the meeting decides to change the management company, the old management company must be notified of this within five working days. At the same time, it is necessary to notify the bodies of state housing supervision and municipal housing control (if there is such a department in the city) about the decision of the meeting of owners.

At the same time, according to Decree of the Government of the Russian Federation No. 416, these notifications should already indicate a new management company (although the law does not require at this stage a contract with a new Criminal Code), but the choice and determination of the conditions for working with it is the most difficult.

All power to the council at home

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There are a number of fundamental issues that the owners must resolve if they want to change the Criminal Code. In addition to a specific company, which should be selected based on its rating for current work with other houses, it is immediately necessary to decide on the procedure for monitoring its actions.

Experts advise: in order for control over new utilities to be effective, first of all, it is necessary to create a council of an apartment building, which will include at least three owners, this form is reflected in the law (part 1 of article 161.1 of the RF LC). Moreover, if the house has owners of not only apartments, but also non-residential premises, it is advisable to invite them to the council. This will allow to identify the needs for improving the work of the CM from different sides and make the assessment more objective.

The second step is to determine the powers of the house council in relations with the management company, so that formal reporting can be required from utilities. This approach will improve the process of control over the accumulation of funds for major overhaul of the house, and the acceptance of work on the improvement of the adjacent territory, and monitoring of all common areas in the house to objectively record their current state.

Thirdly, it is necessary to draw up such an agreement between the owners and the new Criminal Code, so that it reflects the provisions on the responsibility of public utilities and the possibility of terminating the contract on the initiative of the owners of the premises in the house. Competently compiled requirements of residents will allow a new management company, striving to work with the house, to immediately determine the range of services provided and redistribute resources (for example, not formally shifting asphalt around the house and not buying more reagents for the winter than they really need), and residents - to control the work according to the drawn up and agreed plan.

We control the house manager

After all issues have been considered and agreed upon, an agreement is concluded with a new managing organization. According to Part 1 of Art. 162 of the RF LCD, more than 50% of the owners of the premises must leave their signatures in the new agreement. If the owners do not take this action, the management agreement is not considered concluded, despite the decision of the general meeting of the owners.

After holding a meeting, drawing up an appropriate protocol and signing a management agreement, the new Criminal Code will have to apply to the state housing supervision body in order to amend its license within ten days (clause 4 of the procedure approved by order of the Ministry of Construction of the Russian Federation No. 938 / pr). With the renewed license, the new management company will be able to start its duties.

However, the most important thing to understand is that changing the management company is an effective way only if the owners of premises in an apartment building are ready to show adequate initiative to control the actions of utilities. If the Criminal Code reports only to the municipal authorities, its change does not promise any positive changes.

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