How to refuse the services of a management company and create a homeowner association. How to refuse a management company
In accordance with the Housing Code of the Russian Federation, apartment owners have the right to choose management company... If tenants are dissatisfied with the quality of the services provided, then they can refuse the management organization and attract another management company.
But in this matter, not everything is so simple. There is a certain order and rules that cannot be violated.
Foundations
To refuse the services of any management company, you do not need special grounds, enough dissatisfaction with the quality of work. In the event that several tenants are dissatisfied with the situation at once, the replacement procedure is not difficult.
WHO HAS THE RIGHT?
The procedure for refusing a management company is regulated by 162 articles of the RF LC.
Only the owner of the apartment can refuse to provide services, that is, if the housing is privatized. If the apartment is not privatized, then the decision will be made by the municipality - in this case, it is he who is considered the owner of the property. But this does not mean that the tenant does not have the right to vote.
LEGISLATION
Article 162 paragraph 8.1 of the Housing Code of the Russian Federation regulates the procedure for leaving the management company. According to this regulatory legal act, homeowners can independently choose the Criminal Code and refuse the services they already have. At the same time, there are no fines, this procedure is carried out quite quickly and does not require any expenses.
HOW TO REFUSE A MANAGING COMPANY?
An important point - it is necessary to make a decision to refuse the services of the management company before the end of the contract with the organization. If you are late with this, then the contract will be prolonged for another 1 month, and then you will have to wait for the expiration date - that is, the procedure will drag on for at least another 1 year. We need to have a meeting first. It is necessary that each of the tenants is notified in writing. An initiative group of residents is selected, which sends an application to change the Criminal Code and minutes of the meeting. At the same time, it is not so important where exactly the house goes, it is quite acceptable - a partnership of homeowners. Only after this procedure, the refusal from the Criminal Code will be formalized legally.
IS IT POSSIBLE FOR ONE OWNER (ONE APARTMENT)
It is possible to refuse the services provided by the management company. One owner can also refuse unnecessary services. In this case, you will have to immediately look for a replacement and the process itself is quite lengthy and tedious, since you need to collect some documents.
GO TO ANOTHER
Moving to another management company is pretty straightforward. For this, a meeting should also be organized at which residents will decide whether a change of the Criminal Code is needed and which one to choose. For this, a protocol is drawn up. The main thing in this matter is to agree and choose the most acceptable option for yourself. In order not to run into scammers, it is recommended to study the reviews of the declared Criminal Code. The management company provides services on a paid and free basis. Need a sample management company change notification? See here.
CREATE HOA
You can create a homeowners' association... But on the way to this there are some difficulties, for example, a large number of documents and papers, and they all need to be filled out correctly. But sometimes the local municipality prepares everything required documents on your own, you just need to indicate information that relates specifically to the applicant's house. To create an HOA, you need to: open a separate personal account; to hold a meeting. Then a decision will be made based on the results. It is important that as many people as possible vote to create a homeowners' association.
STEP-BY-STEP INSTRUCTION
Is it possible to give up the management of the company?
Yes, for this it is necessary: to gather the tenants; vote; if the decision is made by a large number of people, then it will be necessary to refuse the services provided.
GENERAL MEETING OF RESIDENTS
If one of the owners is extremely dissatisfied with the work of the management company, then he should act as an initiator in this matter. It is necessary to gather tenants and, based on the results, a decision will be made - which company should be chosen. In the event that there are apartments in the house social recruitment, a representative of the administration should be invited. It is necessary to try as much as possible to make the official believe the initiator is right. At the signal, a check will be carried out. It should be noted that according to the results of the work, certain acts are drawn up.
It is also important to determine which apartments have been privatized and which have not. For this, a survey is conducted. It is also permissible to obtain this information from the local municipality. Then you need to get together and discuss the problem. At the general meeting of owners of real estate objects, issues related to the change of the management company are raised. If the choice is made, then you need to see a doctor. In any case, it should be explained why this particular company.
If the collection did not work out, you should print your offer and send it to all apartments. Residents will thus vote in absentia. But it should be noted that the decision will be made on the basis of the occupied area.
That is - 5 people on 20 squares affect the final voting result less than 1 in 50. Here is a sample minutes of the meeting on changing the management company. In any case, the decision is made in writing and must be certified by a seal. For it to be considered legal, at least 1000 people must vote for 1 option.
SELECTING THE CONTROL METHOD
At the in-person meeting of the owners of the premises, a decision is made not only to refuse the services of the current management system, but also to find a new one. You can select a management company at the meeting itself. Usually there are 3 options: search for a new Criminal Code; creation of a partnership; creation of direct control. Only in the first case no costs are required.
In the case of the creation of a homeowners association and direct management, you will have to run around with various pieces of paper through the authorities for a long time. Direct management is quite convenient, with it direct contracts for the supply are concluded utilities... This form of government has a huge advantage - there is no need to pay for the maintenance of the management company or homeowners association. But nevertheless, when choosing different options, tenants have some problems - they cannot always agree among themselves and choose the option they need.
The responsibility of the management company for failure to fulfill its obligations is determined by the current legislation. Do you need a sample 2017 report of the management company to the owners?
REQUIRED DOCUMENTS
To change the management company, you need: an agreement with the management company; written summary of the meeting; a statement of refusal from the services provided; certificate of ownership of the apartment. Here you can download a sample contract with the management company. It should be noted that at the slightest dissatisfaction, the Criminal Code can be changed. In this case, the process will go faster, if not interrupted.
The legislation spelled out the rules that say how to abandon the management company. These norms are enshrined in Housing Code... A refusal can be written in the event that the owners are not satisfied with the quality of the service provided by the company, and it will be necessary to involve another management company. However, the solution to this issue does not have an unambiguous solution, since it is imperative to comply with the established rules.
Who can refuse
Termination of the existing agreement with the management company is not associated with the occurrence of a certain kind of circumstances, that is, it is understood that it is enough that the owners of residential premises are not satisfied with the services provided. In the event that more than 1 tenant refuses, the procedure for changing the management company will be simple. The process in question is regulated in article 162 of the housing legislation.
The right to terminate the contract with the management company belongs to the owner of the living space, that is, the process can be implemented if the apartment has been privatized. When the municipality or government agencies own the ownership of housing, the decision will be made by them. At the same time, do not forget that tenants live in the apartment, who have the right to express their position on this issue.
The Housing Code says how to terminate the contract with the management company, that is, the owners can independently decide to terminate the management contract and move to another company. In order to get out, you do not need to carry financial expenses and the process is fast.
Cancellation procedure
Important! The owner needs to use this procedure as a model, then the procedure will be endowed with legal status.
It must be said that one owner of a living space can also refuse the services provided by the company. As an example, he can move to another management company that provides quality services. If the contract is terminated in this way, then you need to stock up on patience and time, since the procedure will be lengthy. This is due to the need to collect documentation.
Another Criminal Code or the creation of an HOA
In order to move to another management company, you do not need to spend a lot of time and effort, the process is quite simple. There is also an organization general meeting, and it decides whether a replacement of the company is required and where to go. Before creating a meeting, you need to send notifications to all owners. During the discussion, minutes should be kept. The main goal is to reach a compromise on the issue under consideration. In order not to fall into the hands of scammers, you need to personally check all the information about the company where you will be moving.
On the way to the created HOA lies a large number of completed forms, and the collection of other documentation. A sample for filling can be found on the Internet or by contacting professional lawyer... It is worth noting that, at times, to create a partnership, all Required documents prepares the municipal authority, it will only be necessary to prepare papers relating to the house in which the applicant lives. Keep in mind that to create a partnership you need:
- hold a general meeting;
- open a personal account, which will be separate.
After the documents are considered, a decision will be made. In this case, it is of great importance that as many votes as possible are cast for the formation of the HOA in question. You can leave the HOA if you have written a corresponding application.
In order to terminate an agreement with one company and switch to another, you need to collect a certain package of papers, it includes an agreement concluded with the Criminal Code, a decision made at a meeting, documented, tenants must write a statement stating that they refuse the provided service. In addition, you will need papers confirming that the person has ownership rights to the dwelling.
Instructions
As already mentioned above, in order to change the management company, you need to carry out general fee owners and vote. In the event that the decision is made by a large number of votes, then it will be possible to refuse the provided service without any problems.
The meeting can be initiated by one of the owners who is not happy with the way the company is fulfilling its obligations. If the house is occupied by tenants who have entered into a social employment contract, then you will need to invite a representative of the municipality to the meeting. Before holding a meeting, it is better to make a door-to-door tour and find out which part of the residential premises is not privatized. This is necessary in order to know which of the tenants cannot attend the meeting, since they do not have the appropriate rights to the apartment. In addition, such information can be provided by the municipality. If it was not possible to organize the meeting, then you need to send all the owners written proposals for the change.
In the event that a management agreement with the management company is concluded based on the results of an open tender, then refuse to execute this agreement in unilaterally owners can after each subsequent year from the date of its conclusion. However, the decision to unilaterally withdraw from the management agreement, as well as the decision to choose the method of managing the house, in this case, must be made by the owners before the expiration of the management agreement (Part 8.1. Article 162 of the RF LC).
Refusal from the management company chosen by the owners
That is, for example, the owners decided to unilaterally withdraw from the contract with the management company, since they decided to create an HOA, to which the management of the house will be transferred, or a decision was made on direct management. In this case, in order to refuse the services of the management company, there is no need to look for deficiencies in the services it provides, it is enough to make a decision to cancel the contract and choose another method of managing the house.
See also publications:
- Cancellation of the contract with the management company. Litigation and arbitration practice
- Change of the management company - cancellation of the management agreement. Arbitrage practice
Situations often arise when the owners of one of the apartments are dissatisfied with the conditions of membership in a homeowners' association (HOA), which they previously had to join, but now there is a desire to leave it. How to do this if the building is an apartment building? There is no prohibition on taking such a step in the current legislation. However, you will have to adhere to some rules and be aware of possible consequences... This will be discussed below.
Each member of the partnership can count on certain rights, but, at the same time, must fulfill certain responsibilities. In case of withdrawal from it, such legal relations are abolished. How do I terminate my membership? There are several options for this procedure.
Compliance with conditions
You can leave the HOA with the whole house, which is the easiest and fastest way. Or one apartment. Then the procedure will have its own specifics. In any case, the first thing to do is to contact the board of the partnership with a corresponding statement.
Since the exit from one apartment occurs most often, let's dwell on this particular option in more detail. The procedure must be spelled out in the charter of the partnership. In addition, the document lists the grounds for terminating your membership. They, as a rule, correspond to those highlighted in the legislation.
So, you can express your disagreement with how the collected money is distributed in the partnership (it is advisable to give specific examples), or distrust of board members. The intention to use the services of another management company that offered more profitable terms service. The decision to change the form of organization of the partnership. Complete loss of confidence in apartment owners ... No one, of course, forbids to indicate their reason, prompting the decision to change managing organization.
Another condition in order to terminate membership in the HOA is the fulfillment of certain conditions by the owner of the apartment (they are also prescribed in the Charter). It is about the complete absence of debts for the communal apartment (current payments will also have to be paid), and about a written appeal addressed to the chairman of the board. Without this, the matter will not get off the ground.
It turns out that there are no restrictions on leaving the partnership. The main thing is to pay off debts, if any. The same applies to the situation when the entire apartment terminates membership, and one of the owners of the share in it owes something. The procedure will not start until it is completely extinguished.
What documents are required?
When leaving the HOA, all cooperation with the partnership, of course, ceases. At the same time, some opportunities remain. This is due to the fact that the living space must still be part of some kind of association, so that it is easier to solve the constantly arising housing issues.
Termination of your membership does not prohibit joining the partnership again. At the same time, it will not matter whether one had to take such a step voluntarily or forcibly.
The current housing legislation and the Charters developed on its basis provide for different ways withdrawal from partnerships. Any of them are allowed to be used at your own discretion.
So, you can personally contact the board with a corresponding statement. The main thing in this situation is not a personal visit to the office, but a handwritten appeal. It is not forbidden to send it by mail. But only by registered mail with acknowledgment of receipt to the addressee. After considering the application, the members of the board will make a decision to exclude the owner or the entire apartment from the partnership.
Another option is to make a deal with the apartment. For example, selling it or donating it. Then, when registering ownership of housing by the new owner, the previous owner will automatically lose all rights.
It is possible that the partnership may cease to exist. As soon as the process of its liquidation begins, the participants immediately cease to be members.
In the first two of the above methods, the desire of the owner of the apartment is required, and in the third case, leaving the association will be compulsory.
The question often arises: how many times is it allowed to enter and leave the partnership. This is a free expression of will and is not limited by anything.
In addition to the application for withdrawal from the HOA, the board will require technical documentation apartments; documents for the right to own it; certificates from utilities about the absence of debts on mandatory payments, from the accounting department - on payment of contributions.
What is the procedure for terminating membership in an HOA?
It will not take much time, provided that all the necessary documents have been collected and a weighty reason for such a decision is indicated. In fact, the board has no right to refuse the owner.
Experts in the field of housing law recommend that when leaving the partnership of one of the apartments, adhere to such an algorithm of actions. After writing the relevant statement, take a step towards reconciliation of the parties. The thing is that usually the reason for leaving is dissatisfaction with something of the owner of the apartment. It is possible that the board will consider the owner's arguments justified, will take measures to eliminate the reasons that contributed to his decision, then the procedure will not make any sense.
If a compromise has been reached, an order is issued to withdraw from the HOA. After that, all relationships are considered terminated. There is no need to pay for the procedure.
Further, the owner of the apartment will have to visit the resource-supplying organizations in order to conclude contracts with them directly without the mediation of the partnership, and in the future to receive payments for the services provided. But it is advisable to pay off all existing debts even before writing an application, to which you must attach a certificate that there are none.
Often, tenants ask what privileges do you lose when you leave the partnership, whether additional responsibilities appear? As practice shows, after the deprivation of membership, you will have to independently establish contacts with utilities, directly receive receipts from them for payment, and also clean up the common area. That's all.
If you unhappy with the actions of their HOA, then naturally, the question arises - is it possible to get out of it.
A lot of information on this matter has been collected on the Internet, but it either contradicts itself at the root, or is very confusing for an ordinary layman, far from legal issues.
In this article we will tell you, how exactly is the withdrawal from the partnership, for what reasons and what nuances this procedure has.
This form of management is the most popular, since according to all the laws of logic, tenants who are members of the board and who make decisions on certain issues should act in the interests of preserving the house in a proper form, and therefore in the interests of other owners.
But in fact, other situations are not rare either. Many people who have reached the board, and hence the budget money, begin to behave inappropriately.
Of course, in this case, many property owners may wish to leave the partnership in order to organize your office home management or beautification on one's own.
Contrary to popular belief, it is possible to leave this organization. In this case, it is not at all necessary to have good reasons for this.
What laws are regulated?
This article also states that the main purpose is not meeting the needs of everyone on the board, a direct control and wise use common property in an apartment building.
A homeowners' partnership cannot exist without those included in it, so if the whole house decided to adopt a different organizational legal form, this is automatically is the liquidation of the organization.
Read about the reasons and stages of the HOA bankruptcy in.
Grounds and reasons
- Owners may be dissatisfied with the policy regarding the distribution of funds.
- Owners can distrust board members.
- The owners have found an organization that is more accommodating and profitable for them.
- The owners want to change the organizational and legal type of house management.
- Homeowners' associations have lost their trust in citizens.
As you can see, there can be a lot of reasons.
Step by step instructions
If it is decided to single-handedly refuse the services of the partnership, then it is necessary to perform the following sequence of actions:
- Come to the HOA office, declare your desire and ask for a sample application. They cannot refuse you.
- In the application, indicate the reason for leaving.
- Go through the mediation procedure - try to negotiate a solution to the problem peacefully. If your requirements are not met, the partnership issues an order to withdraw you from its membership.
- Contact the resource organization with a copy of the application. You must agree to be personally notified of payments. As a rule, this is also done in the form of an application.
If your apartment has debts for certain types of services - you cannot leave the membership until you pay them off.
If the whole house wants to leave the HOA, then this procedure is called liquidation.
Without a formed composition of tenants in the number of half, this organization cannot exist:
- Residents write a statement that they do not want to be served in this organization and why.
- The HOA resigns its powers and transfers all documentation to the owners.
- Within a month, residents should decide on new way building management.
- Homeowners' association closes all its accounts, takes documentation from resource-providing enterprises.
Where to start, where to go?
The first step is to form an opinion about why you want to leave the organization. Further, you can offer other owners join your side.
In the case of a single exit - the application is accepted by the members of the partnership, in cases of mass - the administration of the city or district.
What documents are required?
The following documents must be provided:
How fill out the application correctly about the exit?
The application is drawn up in free form, but if your HOA has an established form, do everything exactly with its description. It is also necessary to put a signature and date of writing.
Processing time and cost
Withdrawal from the partnership is formalized during one week... In an individual case, the period may vary.
The exit procedure is absolutely free. You will have to fork out only if you have debts.
What documents are issued after? After that, an answer is issued from the administration or the HOA that you are no longer part of the organization.
When can they refuse? They may refuse upon the fact that you have debts or if you are not the rightful owner of the property.
Effects
Leaving the community of tenants will have to pay independently to resource supplying organizations, and most importantly - to learn from them about their testimony. In addition, it is necessary to carry out caring for the common area adjacent to your apartment.
Now, knowing all the nuances of leaving the partnership, you can not wait for other owners to decide on a detailed step, but act independently now.
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