The house is under direct management. Direct form of management of an apartment building

Owners of apartments in modern multi-storey buildings have a unique opportunity to independently choose an effective form of house management.

In addition to signing an agreement with the Management Company, residents can choose for themselves such a form as direct management. But it must be borne in mind that the number of houses in which this form is legally permitted is limited.

Direct control method apartment building permitted only for those apartment complexes that contain no more than 16 apartments. This restriction came into force in 2015 after the release of Federal Law No. 255.

This law led to some changes in housing legislation. According to it, property owners in multi-apartment buildings can choose between two forms for managing their houses - the Homeowners' Association and the Management Company, with which they must sign an agreement.

ATTENTION! If a building with a large number of apartments used the direct control method before 2015, you need to switch to another method.

Peculiarities

What is the main difference between this form of home life management? Residents independently carry out its maintenance and repairs; they themselves enter into contracts with service companies and resource suppliers. In this case, they do not need to create a Homeowners Association or cooperate with a Management Company operating on a commercial basis.

ATTENTION! The building, which consists of more than 12 apartments, is undergoing renovation common property must be carried out, according to Article 161 of the Housing Code of the Russian Federation, by professional construction companies.

Contracts are concluded with such employees, all cooperation takes place on a legal basis.. Typically, direct control can be found in older houses of two or three floors. The work of those directly involved in managing the house is aimed at ensuring comfortable, safe living conditions in the house.

Principle of operation

Residents of an apartment building distribute responsibilities for managing the house among themselves. There are several options for such a decision, which is made at general meeting residents.

  • Apartment owners can distribute all responsibilities for managing the house evenly (or unevenly) among themselves. They also have direct contact with third parties, such as employees of home maintenance companies or construction crews.
  • One person can assume all the powers to manage the lives of the house; the housemates trust him to protect their interests. This is a responsible job for someone who has taken on the responsibilities of ensuring a normal life. apartment building, you will need not only a desire to act, but also competence in housing issues.
  • Another profitable option– management rights are acquired by a third party who is not the owner of the apartment in this building. The third party will not be considered a manager; he receives only representative duties.

Approval procedure

Transition process this method Managing a house takes more than one day.

First, the initiative group gathers like-minded people and finds out the residents’ opinions on the form of management.

You need to start preparing for the general meeting, choose the date, time and place of its holding, and post announcements about this important event in advance. The announcement must indicate what issues are being submitted for consideration. All legislative standards regarding the rules of general meetings of residents must be observed.

The meeting regarding the choice of a form of governance can be in person or in absentia; in the second case, ballots for voting for one or another option are distributed. In addition to the management method, it is also necessary to elect persons who will represent the interests and powers of residents, and to select utility service providers.

The decision is recorded in the protocol.

Distinctive features

Payment in mandatory is made only for basic services. If one of the residents initiated repairs to the entrance without first collecting money, it may happen that he will have to pay for the repairs personally.

IMPORTANT! The house is managed free of charge; an initiative group or one person to whom residents have entrusted management works for free.

Advantages and disadvantages

Despite the fact that residents of houses with a small number of apartments are offered several modern methods home management, many of them still prefer the direct form. With it, they do not feel so many bureaucratic tricks; there are no administrative superstructures over this method.

Residents make all decisions regarding house maintenance promptly; the wishes, comments and suggestions of all residents of the apartment building are taken into account.

This form has many advantages.

  • Residents of the house will be able to achieve savings on utility costs, as they work without intermediaries, directly with suppliers, and can control the volume of services provided.
  • Issues regarding maintenance, maintenance, and repairs are decided by homeowners at their own discretion.
  • There is no such thing as collective responsibility.

There are also disadvantages to this form of management.

  • Additional services are paid by those who agree to such expenses.
  • There is no opportunity to participate in government programs.
  • Repair of premises common use, home improvement and local area– all this falls on the shoulders of apartment owners.
  • Sometimes in such houses conflicts may even arise related to the distribution of money; this worsens the atmosphere in the house and the relationship between neighbors.

Over time, apartment owners may change their view of the form of house management used and choose another that is permitted Federal Law No. 255, adopted in 2015.

They can create a Homeowners Association or sign an agreement with a Management Company.

Report with an expert in the field of public utilities: all the pros and cons of direct management of apartment buildings.

Legislation

Residents independently enter into agreements with utility providers, with construction organizations. They need to be very careful and competent in legal terms so as not to run into problems.

The main law that regulates direct management is Article 164 of the Housing Code. This form of management takes into account several regulations.

  • Rules for carrying out activities related to the management of apartment buildings. They were approved by Resolution No. 416 of the Government of the Russian Federation dated May 15, 2013.
  • Rules for the provision of services and performance of work on the content of MKD. They were approved by Government Decree of 04/03/2013.
  • Also by the Decree of the Government of the Russian Federation dated 03.04. 2013, under No. 290, the Minimum List of Services and Works was approved.

What other changes have occurred in the legislation that may affect issues related to the direct management of the house? Residents of the house can place funds collected for major renovation, in a deposit account of one of the banks.

In this case, they will be able to protect finances from inflationary processes if repair work is delayed. A person who does not live in the house, but has a power of attorney from the owner of the apartment, can come to vote at the general meeting. The power of attorney must be certified by a notary or at the place of work.

And you need to remember that direct management can be chosen for a house, according to Federal Law No. 255, in which there are no more than 16 apartments.

Direct control apartment building - one of the forms of performing management activities by all owners of apartments in high-rise buildings, characterized by refusal of the services of management companies or the creation of an owners' partnership.

The essence of this form of management is that residents themselves decide on current issues regarding their home. However, like any form, independent management has its advantages, nuances and disadvantages. The legislation imposes certain obligations on the owners of living space. These include maintaining a decent condition not only of their own property, but also of common household possessions. Correct management multi-storey building First of all, it is necessary to maintain order in engineering structures

  • . Payments received from home owners are distributed to:
  • creation of comfortable conditions;
  • cleaning;
  • prevention of property damage;
  • restoration and repair work;
  • compliance with the requirements for apartment buildings (sanitary, fire, etc.).

Russian housing legislation provides home owners with a choice of three forms of managing a high-rise building:

  • through a property owners' association;
  • by receiving services from management organizations;
  • direct (independent) control.

The first two forms are characterized by the presence of intermediaries (TSN, UK). With independent management, owners directly, without the participation of any organizations, resolve issues relating to the house in which they live.

To choose one form or another, the owners need to hold a meeting at which this issue will be decided by voting. The decision must be reflected in an official act - minutes of the meeting. In the same way, you can change the previously selected method in the future. If previously, for the issue to be considered resolved, 2/3 of the owners’ votes were needed, now 50% and one more vote are enough.

The difference between direct control and other forms

Distinctive feature This form is expressed in its very concept - the owners are authorized to resolve all the problems of a multi-story building directly, bypassing various representatives and intermediaries. The common areas of the residents are under the direct control of the owners.

  1. Common areas (stairwells, elevators, vestibules and corridors, storage rooms, waste disposal structures).
  2. Foundation (including the ground underneath) and basements.
  3. Ceilings, door and window openings.
  4. Attics and roofs.
  5. House area (children's or sports grounds, parking lots, recreation areas for residents).

Any problem regarding the maintenance of the above-mentioned territories is resolved through a meeting of the owners. Each owner of the living space in the house has the right to propose his own version of the permit, which will be submitted for consideration. Having agreed on a way to fix the problem, the owners also select one or more residents who are authorized to carry out the order. A contractor (for example, an organization) may also be selected to perform the work. Then the owners will act as customers. An agreement is concluded with the contractor.

When solving utility problems for a separate home, the owner of the premises personally enters into an agreement with the contractor or supplier.

Options for resolving current problems can only be selected collectively, taking into account the wishes of all apartment owners. Meetings must be held at least once a year. There are options for both in-person (meeting) and absentee (poll) voting.

Control options

For rational and operational management activities, owners choose one of the following methods:

  • Issues can only be resolved collectively– every owner of housing takes part in management, all agreements with contractors and specialists are signed by the majority of residents;
  • selection of representative– an eligible person is selected from among the residents, who subsequently represents the interests of the entire apartment building;
  • attracting a stranger– owners can hire an authorized citizen who is not the owner of the premises in the house, he will perform representative and managerial functions under a power of attorney.

Any choice of residents is documented through a protocol.

However, independent management is possible only in those apartment complexes that include a maximum of 30 apartments (Article 161 of the Housing Code of the Russian Federation). The presence of a larger number of dwellings obliges the owners to enter into an agreement with the governing body or create a TSN (F).

Positive and negative sides

If the multi-apartment building complies legal requirements(maximum 30 dwellings), it can be chosen to be independently managed by the apartment owners. Self-maintenance of a home has its advantages and pitfalls.

Positive sides independence of owners:

  1. The costs of maintaining a high-rise building are significantly reduced due to the refusal of housing and communal services, as well as the lack of payment for the activities of intermediaries.
  2. Issues are resolved quickly, due to the interest of home owners in a comfortable environment.
  3. The initiators and controllers are the owners of the premises themselves. It is in their interests to ensure high-quality and fastest implementation of activities related to the maintenance of a high-rise building, so the best performers are selected.
  4. Funds received from the owners go to finance the maintenance of a particular apartment building.

Negative sides independence:

  1. Lack of control over the activities of owners and the condition of apartment buildings.
  2. If unscrupulous owners do not fulfill the tasks assigned to them and the house falls into disrepair, government bodies they will refuse help.
  3. Independent management of a high-rise building takes time from all residents, as it requires a lot of attention.

The beginning of the transition to direct management option depends only on the initiative of the owners themselves. For active owners who are ready to spend their own time on the needs of the house, this method is the most successful. If apartment owners take a passive position in relation to the high-rise building in which they live, the simplest option would be an agreement with the management body or the creation of a TSN.

Procedure for switching to a new form

The transition to direct management of an apartment building is a fairly simple procedure in terms of registration. The most difficult thing is to gather all the owners, and most importantly, to convey to them the benefits of transferring to new uniform.

The transition process comes down to going through three stages:

  1. The initiative group - the initiators of the transition (one or more apartment owners) to a new management form must perform the following tasks:
  • prepare a translation and follow-up plan;
  • notify residents of the planned transfer of the house;
  • provide other owners with information about the plans;
  • conduct a survey to determine the consent of the owners to the changes;
  • agree on the date and place of the owners’ meeting.

Typically, the group of initiators consists of 3 to 5 owners. There is no need for registration or any formalities for the group. Her main function– determine the attitude of residents to the upcoming changes.

An invitation to a meeting by the owner can be placed in the entrance, on an information board, or handed over to residents in person no later than 3 days before the event.

  1. Meeting of owners - held to resolve basic issues relating to apartment buildings. These include:
  • the transition itself, is there a need for it, are the owners interested;
  • which of the residents will take responsibility for management;
  • selection of the chairman (head) and the Council of the high-rise building;
  • issues related to the execution and terms of agreements with service companies.

The first meeting should be held in person. More than half of the housing owners must attend. The reason for the meeting is announced, then a direct vote takes place, the result of which is documented in the protocol.

If it was not possible to gather the owners, a procedure for making a decision in absentia can be carried out. For this purpose, owners are provided with questionnaires on which they should express their attitude towards changes in the management form.

  1. Preparation and signing of contracts with service companies. Such an organization is hired by the owners to carry out maintenance activities of the high-rise building. The contract is signed by the owners themselves or their authorized representative.

Some building maintenance tasks can be performed by the homeowners themselves. However, such functions as waste disposal and repair of common building structures must be performed by competent services.

Registration of the contract

To start cooperation with service companies, you need to draw up an agreement. To apply, you must provide:

  • the decision of the owners of apartment buildings, reflected in the protocol;
  • personal document of the representative;
  • power of attorney;
  • high-rise technical papers;
  • other documentation as required by the contractor.

In addition, each owner must independently take care of concluding a contract for the provision of water, gas, heat and electricity to his home. The absence of a contract with contractors or service companies will invalidate the transition to direct management. In this case, a management organization will be forcibly appointed for the multi-apartment building.

Any form of house management has both positive and negative sides. In some situations, the chosen method completely suits the residents, in other cases it only causes negativity. When choosing a management form, it is necessary to be based on the preferences of the majority of owners, to study all the nuances and pitfalls that accompany each option.

If you have any questions, you can ask them free of charge to the company’s lawyers in the form provided below. An answer from a competent specialist will help you make the right decision.

More and more often we hear that direct (independent) management of their apartment building by residents in 2017 is the only correct option for organizing a comfortable life for the owners of premises in an apartment building.

But you shouldn’t blindly believe loud propaganda, because as they say, “trust, but verify.” Independent organization of the life of a residential building is an important decision, and before you start agitating your neighbors, it is better to soberly weigh the pros and cons of the future event and discuss the issues of concern with a lawyer and other owners of premises in your house.

This is a serious question and it is better not to guess on the tea leaves, but to turn to experienced specialists who will help you understand everything and decide on how the form of management can best be implemented by you and other owners of premises in your home.

On our website you can not only ask your question to legal consultants around the clock using the chat form in the lower right corner home page, but also download an apartment building management agreement or a sample of any other agreement.

Operating in the region housing issues legislation Russian Federation, as of 2017, provides residents with the opportunity to independently choose the procedure for administering their apartment building from those expressly provided for legal acts operating at the federal level.

If we talk about methods of direct house management by residents, then Housing Code Russia provides the following forms:

  • direct management of an apartment building by residents;
  • management of an apartment building, carried out through the board of a housing cooperative (also called a housing cooperative) or a partnership of owners of such housing (short name - HOA);
  • transfer of rights for house management to a specific organization or company.

To carry out the transfer of rights and responsibilities in the field of home ownership administration from residents to management organization, absolutely all owners of premises must sign a management agreement for an apartment building with the company they have chosen.

The terms of such cooperation must be determined, agreed upon and recorded by the owners of the premises in the minutes of the meeting. The form for concluding such an agreement is simple written.

This agreement must contain the same conditions for all residents. The current legislation of 2017 also provides that the term of such an agreement has come to an end, but neither party has the intention of terminating the document; the management agreement for an apartment building is automatically extended on similar terms and for a similar period.

Also, when concluding such an agreement, it is worth considering that the procedure in force in 2017 directly stipulates that the selected management company is obliged to begin fulfilling the conditions expressly provided for by such an agreement a month after its conclusion, unless the agreement itself directly establishes another start date for the provision of services.

Unfortunately, today there is no single correct answer to the question of what form and method of managing a house or houses in 2017 is the best. Indeed, in order to decide which path to take, it is necessary to take into account a lot of external and internal factors. In addition, it is often difficult for people without a legal education to assess all the risks and predict the possible scale of the disaster of making the wrong choice.

How to manage your home yourself?

If you, together with other apartment owners, have decided that you will independently manage an apartment building, then it is worth starting to bring your plans to life.

The Housing Code in force on the territory of the Russian Federation, as of 2017, provides for the right of apartment owners who have chosen direct management of an apartment building to take one of the following paths:

  • together with other residents, resolve administrative issues that arise during independent house management and maintenance of all property of the house during general meetings of residents;
  • evenly distribute responsibilities related to building management among all owners of apartments in this building;
  • authorize either one of the residents of the house, or select and authorize a third party to represent the interests of the residents of the house and perform actions on behalf of and in the interests of all owners of apartments in the house.

If the residents, by their joint decision, have designated one of the apartment owners as an authorized representative, then such a person, as of 2017, can manage the apartment building without a power of attorney.

The powers of such a representative will be based on the provisions of the minutes of the meeting of owners.

If the residents’ choice fell on someone who is not the owner of the premises in their apartment building, then such a representative will need a power of attorney from the residents of the building to exercise his powers. Russian legislation, as of 2017, establishes a simple power of attorney for this type of power of attorney. written form. A sample of such a power of attorney can be obtained by sending a corresponding request to our specialists.

Legal aspect

Legal acts regulating issues in the housing sector directly indicate that if residents decide to carry out independent house management, then such premises owners must enter into agreements for the provision of services for house management and maintenance of the house and, if necessary, enter into agreements for the implementation repair work. Typically, service organizations have their own form for each contract, which cannot be changed, with the exception of a number of commercial conditions (price, term, etc.).

It is worth noting that in order for such documents to be considered properly concluded, they must be signed by more than half of the residents of the house.

Do not forget that in addition to the above agreements, each owner of premises in the house must conclude the following agreements:

  • gas supply (if necessary);
  • water supply (both hot and cold);
  • drainage;
  • heating.

Is the game worth the candle?

On the one hand, with direct building management, residents will directly manage the apartment building at their own discretion, and, importantly, for free. Most likely, this form of management will help reduce total cost utilities. This is undoubtedly an argument in favor. But this argument will have positive weight only if the residents fully agree with all the principles of joint management of the house. Most often, this control scheme is practically impossible to implement if there are a large number of owners of premises in the house.

Next organizational problem problem that residents may encounter is the search and selection of a direct manager. Most often, residents do not show proper initiative and are not ready to take on sole management of an apartment building, as well as the associated responsibility and burden of organizational work.

Moreover, we should not forget that it is extremely rare that the owners of premises in an apartment building have the set of managerial skills and practical experience necessary to carry out house management.

The result of attracting a manager without sufficient qualifications may be a complete lack of planning for any repairs or maintenance of the building.

And on top of that, in accordance with the current provisions of federal legislation for 2017, apartment owners who implement direct house management are deprived of the right to raise funds necessary for carrying out repairs in their home from the budget fund.

Positive aspects of house management

As positive side Direct management can be called transparency of the cost of resources and services, since such a cost does not include any additional necessary and not so necessary services of intermediaries. But 2017 marked the beginning of the practice of direct payments, which implies the same transparency of the cost of services, but does not require changing the way an apartment building is managed.

And so, independent management is clearly inferior to the management that can be provided professional organizations, whose staff includes professional and experienced employees, and whose material and technical base has a list of necessary equipment. But thriving corruption leads to a significant and, sometimes, groundless increase in prices for housing and communal services, forcing residents to think about alternative forms of home management.

But, unfortunately, residents most often do not have the necessary material and technical base and experience in this area. This is why independent home management, most often, effectively solves only small tasks and problems associated with maintaining the house.

And yet, whether or not to directly manage an apartment building is up to you and your neighbors to decide. If you have weighed all the pros and cons and understand that among the apartment owners there are proactive people who are ready to take responsibility, people and the community of neighbors have a common opinion on most issues, then go ahead! Feel free to set sail on the voyage of independent management of common property! And may the wind be fair to you!

When choosing a method for managing an apartment building, owners pursue a single goal: comfortable living along with optimal costs.

Why are residents increasingly opting for direct management rather than appointing a manager?

Direct management of an apartment building means that the owners or involved persons carry out coordinated actions aimed at ensuring the comfort and safety of residents.

Art. 164 Housing Code of the Russian Federation states that the basis of concluded agreements with this method of managing an apartment building is apartment owners' decision adopted at the general meeting.

Residents must take care of their relationships with public utilities (supply and removal of hot and cold water, electricity, gas, heating, etc.) on their own.

Usage electronic form document assumes that the citizen will place the agreement in the appropriate system.

Last changes

At last change a provision was introduced into housing legislation according to which the management company only partially responsible for poorly performed services.

New edition of Art. 157 of the RF Housing Code says that the presence of evidence of the impossibility of correcting the situation allows one to evade responsibility. Simply put, with rusty water, no one has done anything, and no one will do anything.

Kinds

The absence of intermediaries in the management of an apartment building suggests that Residents will do their own work:

To make a decision on a particular issue, residents must organize collective meeting. Voting can be either absentee or in-person. In the same way, it is possible to appoint a trustee, whose duty will be to represent the interests of the main number of residents in the house.

In accordance with Russian legislation, the structure may include 1 residential building, several buildings or an entire block. This form of management requires that decisions are made at collective meetings, and the board is headed by a chairman.

AND current repairs it is allowed to either carry out it independently or enter into labor agreements with the relevant teams or contractors.

Housing cooperative is another form of management of an apartment building. The organization is an independent entity, composed of the chairman and owners of real estate.

Among features of such management can be distinguished:

  • permission or prohibition on renting common premises;
  • individual rules for counting votes;
  • regulatory legal acts do not contain any information regarding the procedure for such management, that is, the housing cooperative can come up with them themselves and include them in the Charter.

Russian laws state that apartment owners can independently choose and change the way they manage the building where they live. But, if they were unable to come to a consensus within 1 year, then the local government body will do it instead through an open competition.

What it is

Direct management is a way to ensure comfortable stay in an apartment building.

This event pursues following goals:

Anything important or global solution must be adopted at a general meeting of residents. The results are set out in a protocol, which is signed by each owner.

To increase efficiency, you can create special advice, which will perform certain functions:

  • prepare general meetings;
  • control the implementation of decisions made;
  • present the results of the work done to the owners.

Only the owners of housing in an apartment building can be the chairman and members of the council.

Advantages and disadvantages

Direct management involves the following advantages:

  1. The ability to independently decide what to do with your property. Other forms assume that issues of carrying out repair work, distribution of finances and many others are resolved by the controlling organization.
  2. Availability legal grounds to refuse any utility resource.
  3. Individual responsibility for relationships with resource supply organizations. That is, if one of the owners, for some reason, is unable to pay utility bills, then the shutdown of water, gas or heat supply will affect him.
  4. Savings on management, since apartment owners do not have to pay management companies or cooperatives.

Despite a large number of positive qualities, not without shortcomings. Residents of the house who have chosen direct management have to independently cope with:

Work organization procedure

The start of work on the system of direct management of an apartment building involves sequential execution of the following actions:

To enter into a direct contract, you need to prepare:

  • a protocol that records the residents’ desire to switch to direct management;
  • a protocol containing information about the person responsible for negotiations with service organizations;
  • technical passport of the house;
  • application-appeal to the head of the organization with a request to conclude a direct contract;
  • powers of attorney certified by a notary.

The same procedure applies to registration of any other services necessary for the maintenance or repair of the house (solid waste removal, elevator maintenance, etc.). Moreover, if the house is small—the number of apartments does not exceed 12—then residents are not required to use the services of a contractor. But, if this has already happened, then payment for services falls on the shoulders of the owners in equal parts.

Procedure and control of financing

When directly managing an apartment building, homeowners independently enter into contracts with each of the contractors and resource supply companies.

Individual contracts exclude the possibility of applying collective liability. No one is responsible for the consumed general utilities.

Distribution of accumulated financial resources carried out by the owners. They select contractors, monitor the integrity of the work, compliance with deadlines, etc.

The positive thing is that everything is extremely transparent regarding finances. Disadvantages are sometimes manifested by inconsistency in decisions made.

The advantages and disadvantages of direct management of an apartment building are described in the following video:

Amendments to the Housing Code of the Russian Federation came into force back in 2015 after the adoption of Federal Law No. 255. In fact, as such, the direct management of an apartment building in its “pure” form is almost never used. Owners unite into HOAs (homeowners' associations) or LCDs (housing cooperatives).

Direct management is allowed only in buildings with a small number of apartments (up to 16). Thus, a complete elimination of this form of management is not expected in the next few years.

This form of management represents the coordinated actions of the owners of apartments in the building, aimed at ensuring the comfort and safety of the living citizens. Direct management of an apartment building implies a simplified way of solving current issues. There is much less bureaucracy in this form, since there is virtually no administrative apparatus.

All decisions are made very quickly. At the same time, the wishes of residents are taken into account and opinions are heard. Maintenance of the house is carried out by residents or contractors on the basis of a contract. With direct management, costs for housing and communal services are reduced and there is no collective responsibility.

However, this form excludes the possibility of participation in social programs. All additional expenses fall on the owners themselves.

For independent management, apartment owners can organize an HOA. In this case, it is mandatory to formulate a charter and register a non-profit partnership. The Partnership assumes basic obligations, such as:

  • ensuring the operation of real estate in an apartment building;
  • disposal, use and ownership of common property;
  • creating comfortable and safe living conditions for citizens;
  • representing the interests of homeowners in housing and communal services and other authorities.

Besides creation of a homeowners association, apartment owners can choose a management company and enter into an agreement with it for the provision of services. Then all the listed functions will be taken over by this organization. However, it should be understood that the main purpose of the existence of a management company is to make a profit.

Organization of activities under the direct management of apartment buildings

There are several main responsibilities that owners will need to perform when directly managing an apartment building:

  1. Preparation and storage of technical documents relating to an apartment building.
  2. Collection and storage of data about owners, tenants and users of common property on the basis of contracts.
  3. Development and submission of proposals for discussion by residents of the house, affecting the maintenance of common property and repair work.
  4. Formation of a plan for maintaining the house and carrying out repair work, a list of required services, calculation of financial needs and sources of material support.
  5. Resolving issues related to major repairs.
  6. Concluding contracts with performers of work and companies providing services.
  7. Exercising control over execution, participation in claims and claims work in case of detection of deficiencies.
  8. Carrying out payments for services and work, as well as documentation.
  9. Interaction with state and municipal institutions.

Issues related to the management of an apartment building are considered at a general meeting of apartment owners. The initiators indicate in advance the list of issues that are planned to be considered.

The decisions made at the meeting are documented. In the future, apartment owners have the right to control the execution of the decision. Without holding a general meeting of owners, it is not allowed to conclude contracts with service providers or performers of work.

An exception will be the issue of concluding contracts for the provision of housing and communal services. The supplier company must enter into an agreement with each owner individually.

The owners jointly monitor the condition and operation of common property. This includes:

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  • premises intended for public use - landings, corridors, stairs, elevator, other equipment;
  • roof;
  • fencing of the common area;
  • bearing structures - balcony slabs, floors, columns;
  • non-load-bearing structures - windows, doors, parapets, stair railings, etc.;
  • a plot of land on which an apartment building is located;
  • territory recognized as local area.

This is not an exhaustive list. This can also include various equipment that is located inside an apartment building or even outside its boundaries, but is intended to serve residential and non-residential premises in a buiding. In addition, the common property may include other objects intended to ensure the operation and improvement of an apartment building.

How to distribute responsibilities during direct management?

In accordance with the requirements of housing legislation, if there are more than four apartments in a building, and a HOA has not been formed, it is necessary to organize a general building council. The persons who will join the council, as well as its chairman, are elected at a general meeting of homeowners.

After the formation of the house council, all organizational work will be entrusted to it. However, the council should not be confused with the governing body. The main activities continue to be the responsibility of all owners. Without bringing the issue to the general meeting of apartment owners, not a single management decision can be made.

The chairman of the council will coordinate the work on home improvement, conclude contracts, draw up documentation and prepare the necessary reports. In addition to the chairman, a commission may be selected that will assist in the preparation and substantiation of proposals submitted for consideration by all owners.

In turn, the elected chairman is authorized to negotiate with municipal and government agencies, as well as with service providers and work performers. In addition, he has the right to represent the interests of any of the owners on the basis of a power of attorney. The chairman's work is paid. Order and size monetary reward established at a general meeting of residents.


Pros and cons of direct control of MKD

The advantages of the direct form of management of an apartment building include:

  • no obligations to management company from the owners;
  • absence of collective financial responsibility if one of the apartment owners has debt for housing and communal services;
  • absence of intermediaries in determining the service provider.

Apartment owners independently choose the companies with which they will cooperate. For example, if there is a homeowners' association, these decisions are made by the HOA with little or no input from the owners. When concluding contracts directly, citizens do not have to pay for additional work and services that were not initially specified in the agreement. It can be said that control is carried out more carefully than with other forms of management.

TO negative aspects can be attributed:

  • absence state support in financial matters;
  • there is no control over direct management by supervisory authorities;
  • When concluding an agreement, for example, for the supply of something, it is necessary that at least half of the owners sign it.

Despite the savings on housing and communal services and other types of supplies and work, owners have to spend more on cosmetic and major repairs.

If you have any questions, please contact legal advice. You can get free legal assistance on our website. Ask a question to an expert in a special window.