Housing Code Art 162. Theory of Everything

Article 162. Management contract apartment building

checked today
code from 12.01.2019
entered into force on 01.03.2005

There are no new revisions of the article that have not entered into force.

Compare with the revision of the article dated 11.01.2018 01.09.2014 22.07.2014 19.04.2013 18.06.2011 31.12.2006 01.03.2005

Amendments to Art. 162 LCD RF

References to Art. 162 LCD RF in legal advice

Part 1 of Article 7.23.3. Administrative Code
04.07.2017 are: a) compliance with the requirements provided for in Part 2.3 of Art. 161 LCD RF; b) fulfillment of obligations under the contract for the management of an apartment building, provided for in Part 2 Art. 162 LCD RF; c) compliance with the requirements provided for in Part 1 of Art. 193 LCD RF. Implementation entrepreneurial activity for the management of multi-apartment residential building in violation
Legal relationship with the house management company.
25.03.2017 Good evening, Alla. Yes, the contract must be stated in Article 162 of the RF LC: 1. The contract for the management of an apartment building is concluded with managing organization, which has been granted a license to carry out management activities
Audit committee
14.02.2017 apartment building, elected commissions and other proposals on issues, the adoption of decisions on which does not contradict this Code; Say in accordance with paragraph 4 of part 3 Article 162 of the RF LC the contract must stipulate clause: 4) the procedure for exercising control over the fulfillment by the managing organization of its obligations under the management contract

13.10.2016 make sure that your appeal is registered. If the answer is not provided, write a complaint to the State Housing Inspectorate. And pay attention of the Criminal Code to clause 4, part 3 Article 162 of the RF LC, where it says: 3. The contract for the management of an apartment building must indicate: 4) the procedure for monitoring the implementation of the managing organization

12.05.2016 Good evening, Yuri. In part 10 Article 162 of the RF LC it is said that 30 days before the termination of the contract, the Criminal Code was obliged to transfer all the documentation to its follower, that is, another Criminal Code or any of the owners

08.05.2014 constant readiness engineering communications, metering devices and other equipment that are part of the common property of the owners of an apartment building. V Article 162, part 2 of the RF LC indicated that in accordance with the contract Management Company is obliged to provide services and perform work on the proper maintenance and repair of common property

Payment for the services of the management company
23.04.2014 the management company is obliged annually, in the first quarter, to provide homeowners with a report on the fulfillment of the terms of the management agreement for the apartment building. In item 1 Article 162 of the RF LC it is indicated that the terms of the contract are discussed and approved general meeting owners before the conclusion or before making changes. The contract can be concluded

19.03.2014 Good evening, Vladimir. I managed to read the notification. Article 162 of the RF LC there is a possibility of unilateral withdrawal from the management agreement ONLY ON THE INITIATIVE OF THE OWNERS. However, the management contract itself may

1. An agreement for the management of an apartment building is concluded with a management organization, which has been granted a license to carry out activities for the management of apartment buildings in accordance with the requirements of this Code, in writing or electronically using the system 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.

(as amended by Federal Laws of 04.06.2011 N 123-FZ, of 21.07.2014 N 263-FZ, of 21.07.2014 N 255-FZ)

1.1. In the case provided for in part 13 of Article 161 of this Code, with each person who has accepted from the developer (the person providing the construction of an apartment building) after the issuance of a permit to enter an apartment building into operation, a premise in this building is concluded under a deed of transfer or other transfer document. management agreement for an apartment building. In this case, such persons act as one party to the concluded agreement if they constitute more than fifty percent of their total number.

(Part 1.1 is introduced by the Federal Law of 05.04.2013 N 38-FZ)

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, governing bodies of a homeowners' partnership, governing bodies of a housing cooperative or governing bodies of another specialized consumer cooperative, the person specified in clause 6 of part 2 of Article 153 of this Code, or in the case provided for in part 14 of Article 161 of this Code, the developer) within the agreed period for a fee undertakes to perform work and (or) provide services for the management of an apartment building, provide services and perform work on the proper maintenance and repair of the general property in such a house, provide public 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.

(as amended by Federal Laws of 04.06.2011 N 123-FZ, of 05.04.2013 N 38-FZ, of 21.07.2014 N 255-FZ)

2.1. The management agreement for an apartment building, concluded in the manner prescribed by this article, must be placed by the management organization in the system in the manner prescribed by the federal executive body performing the functions of developing and selling public policy and legal regulation in the field information technologies, together with the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services.

(Part 2.1 is introduced by Federal Law of 21.07.2014 N 263-FZ)

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 works and (or) services for the management of an apartment building, 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;

(as amended by Federal Law of 21.07.2014 N 255-FZ)

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. The contract for the management of an apartment building is concluded:

1) in the case specified in subsection (1) of this section, for a period of not less than one year, but not more than five years;

2) in the cases specified in parts 4 and 13 of Article 161 of this Code, for a period of not less than one year, but not more than three years;

3) in the case specified in part 14 of Article 161 of this Code, for a period not exceeding three months.

(Part 5 as revised by Federal Law No. 38-FZ of 05.04.2013)

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 start 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 in unilaterally has the right to refuse to fulfill the contract for the management of an apartment building, concluded as a result 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 if, prior to the expiration of such an agreement, the general meeting of owners of premises in In an apartment building, a decision has been made to choose or to change the way of managing this building.

(Part eight.1 introduced by Federal Law No. 251-FZ of December 29, 2006, as revised by No. 123-FZ Federal Law of June 4, 2011)

8.2. The owners of premises in an apartment building, on the basis of the 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 to decide on the choice of another management organization or on changing the way of data management home.

(Part eight.2 was introduced by the Federal Law of December 29, 2006 N 251-FZ, as revised by the Federal Law of 04.06.2011 N 123-FZ)

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 managing organization, thirty days before the termination of the management agreement for an apartment building, is obliged to transfer technical documentation for an apartment building and other documents related to the management of such a house of a newly selected management organization, a homeowners' partnership or a housing cooperative or other specialized consumer cooperative, or in the case of direct management such 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 data of owners on the choice of the 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 provided by the contract for the management of an apartment building, the management organization annually during the first quarter current year submits to the owners of premises in an apartment building a report on the implementation of the management contract for prior year and also posts the specified report to the system.

To carry out activities for the management of apartment buildings in accordance with the requirements of this Code, in writing or in electronic form using the system 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. Each owner of a premise in an apartment building independently fulfills its obligations under the management agreement for an apartment building, including the obligation to pay for residential premises and utilities, and is not responsible for the obligations of other owners of premises in this building.

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, governing bodies of a homeowners' partnership, governing bodies of a housing cooperative or governing bodies of another specialized consumer cooperative, the person specified in clause 6 of part 2 of Article 153 of this Code, or in the case provided for in part 14 of Article 161 of this Code, the developer) within the agreed period for a fee undertakes to perform work and (or) provide services for the management of an apartment building, provide services and perform work on the proper maintenance and repair of the general property in such a house, to provide utilities to the owners of premises in such a house and to persons using the premises in this house, or in the cases provided for in Article 157.2 of this Code, to ensure the readiness engineering systems, to carry out other activities aimed at achieving the goals of managing an apartment building.