Management of apartment buildings. Law on the management of apartment buildings Management of the microdistrict residential complex of the Russian Federation

In the context of rapid reform of public utilities, there is an urgent need for proper management apartment buildings. If previously these issues were the responsibility of the state and local authorities, now the burden of concern is placed directly on citizens - owners of residential premises. In most cases, owners are not ready to manage their houses themselves, which results in many problems that require resolution. Let's try to understand this issue.

Managing an apartment building means ensuring living conditions for citizens, providing utilities, content common property, determining the procedure for using such property.

Housing Code The Russian Federation defines the following types of management:

management organization;

owners of residential premises;

housing or specialized cooperatives;

homeowners association.

The type of management is chosen at general meetings of owners and is subject to change at any time. If during the calendar year the owners have not decided on the type of management, local authorities, based on a competition, determine the management company.

Management of an apartment building by management organizations

A management organization is a legal entity that carries out management, operation, sanitary and maintenance of a house.

This type of management is carried out under an agreement concluded with the property owners. The management agreement provides equal conditions for residents and has certain period actions.

The contract must indicate:

address of the house and list of property that will be managed;

list of works and their frequency for home repairs and its maintenance, provided utilities;

the procedure for calculating the amount of costs for maintenance, repairs, the cost of services, the payment procedure;

a way for owners to control the fulfillment of obligations.

The management company is obliged to begin execution of the contract within thirty days. Homeowners have the right to refuse to fulfill the contract on the grounds improper execution agreements with the management organization. It also provides early termination agreement based on a change in the type of management.

Management of an apartment building by owners

Management of an apartment building by the owners themselves is permitted if the number of apartments in the managed building does not exceed twelve. Issues related to this type of management, including the election of the house council and the number of its members, are resolved by voting at a meeting of owners. For example, the general meeting raises the issue of the amount of monthly contributions for . The meeting votes on the expected amount of payment and makes a decision that receives more than 50% of the votes.

The house council is obliged:

ensure implementation of meeting decisions;

make proposals for holding the meeting at the meeting repair work, provision of public services;

submit proposals for management;

present your opinion on project contracts;

control the execution of work and the quality of services provided.

Management of an apartment building by housing cooperatives

A housing cooperative is a voluntary association of citizens designed to meet the need for housing and manage houses. Members of such a cooperative own funds participate in the acquisition of property, major repairs, and maintenance of houses. The association must have at least five members, but no more than the number of apartments in the building being built or purchased.

A participant in a cooperative can be a legal entity or a citizen who has reached the age of sixteen. Persons wishing to join a cooperative are considered a member after paying the entrance fee.

Each participant in such a cooperative is obliged to make share payments. The terms and conditions for contributing a share are regulated by the charter of the cooperative.

The cooperative participant is provided with housing in the cooperative building by decision of the fees in accordance with the amount of the contribution paid upon entry. Ownership of residential premises begins from the moment of full payment of the contribution.

The division of property of a residential cooperative occurs among shareholders and is allowed if there are isolated premises. If implies isolation real estate, such property is also subject to division.

Management of an apartment building HOA

A homeowners' association (HOA) is an association of owners for the purpose of general management, ownership, use, disposal, within the limits of federal legislation, of common property, the property of home owners, for the creation, increase and preservation of such property.

The number of members of such a partnership must be more than 50% of the total number of owners. The decision to establish a partnership is made general collection based on voting results.

Such partnerships can be formed:

owners of real estate in houses in which the number of apartments is no more than thirty, if the houses are located on plots with a common border, common engineering, technical support and infrastructure.

owners of several nearby houses, country houses With personal plots, if such houses are located on plots with a common border, common engineering and technical support, and infrastructure serving these houses.

To perform the assigned functions, the partnership is obliged to:

manage an apartment building

ensure the sanitary and technical condition of the property

ensure that participants fulfill responsibilities for maintaining and repairing property in the house

The governing body of such partnerships is the board of the partnership. The highest governing body of the partnership is the meeting of owners.

The HOA has the right to engage economic activity, namely:

maintenance and repair of real estate;

construction;

rental of property in the house.

Funds from business activities are used to pay general expenses.

Regardless of the type of management chosen, the person managing the house is responsible for the obligations assigned to him to the owners.

Protection of the housing rights of owners violated as a result of managing the house is entrusted to the person performing the management and to judicial system RF.

Federal law applies upon entry into force

1. The management of an apartment building must ensure favorable and safe living conditions for citizens, proper maintenance of common property in an apartment building, resolving issues regarding the use of said property, as well as the provision of utilities to citizens living in such a house, or in the cases provided for in Article 157.2 of this Code, constant readiness engineering communications and other equipment included in the common property of the owners of premises in an apartment building for the provision of public services (hereinafter referred to as ensuring readiness engineering systems). Government Russian Federation establishes standards and rules for the management of apartment buildings.

Information about changes:

The provisions of Article 161 of this Code (as amended by Federal Law No. 59-FZ of April 3, 2018) apply to relations arising from agreements for the management of an apartment building concluded before the date of entry into force of the said Federal Law

2.2. When an apartment building is managed by a homeowners' association or a housing cooperative or other specialized consumer cooperative, the said partnership or cooperative is responsible for maintaining the common property in this building in accordance with the requirements technical regulations and the rules established by the Government of the Russian Federation in Article 157.2 of this Code, for ensuring the readiness of engineering systems. The said partnership or cooperative may provide services and (or) carry out work on the maintenance and repair of common property in an apartment building on its own or attract, on the basis of contracts, persons carrying out the relevant types of activities. When concluding an agreement for the management of an apartment building with a management organization, the specified partnership or cooperative exercises control over the management organization’s fulfillment of obligations under such an agreement, including the provision of all services and (or) performance of work ensuring the proper maintenance of the common property in this building, the provision of utilities services depending on the level of improvement of a given house, the quality of which must meet the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and limitation of the provision of utility services to owners and users of premises in apartment buildings and residential buildings.

Information about changes:

Part 2.3 amended from April 3, 2018 - Federal Law of April 3, 2018 N 59-FZ

2.3. When managing an apartment building by a management organization, it is responsible to the owners of the premises in the apartment building for the provision of all services and (or) performance of work that ensure the proper maintenance of the common property in this building and the quality of which must meet the requirements of technical regulations and maintenance rules established by the Government of the Russian Federation common property in an apartment building, for the provision of utility services depending on the level of improvement of the building, the quality of which must meet the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and limitation of the provision of utility services to owners and users of premises in apartment buildings and residential buildings, or in cases provided for in Article 157.2 of this Code, for ensuring the readiness of engineering systems.

3. The method of managing an apartment building is chosen at a general meeting of owners of premises in the apartment building and can be chosen 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.

Information about changes:

Article 161 was supplemented with part 3.1 from January 11, 2018 - Federal Law

3.1. When management of an apartment building is terminated by a homeowners' association, housing or housing-construction cooperative, or other specialized consumer cooperative, the said partnership or cooperative, within three working days from the date of the decision of the general meeting of owners of premises in the apartment building to change the method of managing such a building, is obliged to transfer technical documentation for an apartment building and other documents related to the management of such a building, keys to premises that are part of the common property of the owners of premises in an apartment building, electronic access codes for equipment that is part of the common property of owners of premises in an apartment building, and other technical means and equipment necessary for operation apartment building and its management, to the person who has assumed the obligations to manage the apartment building, or, if chosen direct method management of an apartment building to the owner of premises in an apartment building, indicated in the decision of the general meeting of owners of premises in an apartment building on the choice of a direct method of managing an apartment building, or, if such an owner is not indicated, to any owner of premises in such an apartment building.

4. The local government body, in the manner established by the Government of the Russian Federation, holds an open competition for the selection of a management organization in the cases specified in part 13 of this article and part 5 of article 200 of this Code, as well as if within six months before the date of the of the specified competition, the owners of premises in an apartment building did not choose a method of managing this building or if the decision made to choose a method of managing this building was not implemented. An open competition is also held if, before the expiration of the management agreement for an apartment building, concluded as a result of an open competition, a method of managing this building has not been chosen or if the decision made to choose a method of managing this building has not been implemented.

4.1. Information about an open competition for the selection of a management organization is posted on the official website of the Russian Federation on the Internet information and telecommunications network for posting information about bidding (hereinafter referred to as the official website on the Internet). The Government of the Russian Federation determines the official website on the Internet and the body authorized to maintain it. Before the Government of the Russian Federation determines the official website on the Internet, a notice of an open competition is posted on the official website of the municipality on the Internet information and telecommunications network, and is also published in the official printed publication intended for publishing information about placing orders for municipal needs. Information about the said competition must be available for review to all interested parties without charging a fee. Information about the results of an open competition is posted on the website on the Internet information and telecommunications network, on which information about its conduct was posted, no later than three days from the date of determination of such results, and is also published in the official printed publication in which information about it was published its implementation.

5. The local government body, within ten days from the date of the open competition provided for in Part 4 of this article, notifies all owners of premises in an apartment building about the results of the said competition and the terms of the management agreement for this building. The owners of premises in an apartment building are required to conclude a management agreement for this building with a management organization selected based on the results of an open competition provided for in Part 4 of this article, in the manner established by Article 445 of the Civil Code of the Russian Federation.

6. The local government body, no later than a month before the expiration of the term of the apartment building management agreement specified in Part 5 of this article, convenes a meeting of the owners of the premises in this building to decide on the choice of method of managing this house, if such a decision has not previously been made in accordance with part 3 of this article.

7. Any owner of premises in an apartment building may go to court with a demand to oblige local government bodies to choose management organization in accordance with the provisions of part 4 of this article.

8.1. It is not allowed to conclude an agreement for the management of an apartment building based on the results of an open competition or if the said competition is declared invalid, earlier than ten days from the date of posting information about the results of the said competition on the official website on the Internet. This requirement does not apply until the Government of the Russian Federation determines an official website on the Internet.

9. An apartment building can be managed by only one management organization.

11. In the case provided for in Article 157.2 of this Code, a management organization, a homeowners’ association or a housing cooperative or other specialized consumer cooperative that manages an apartment building, in the manner established by the Government of the Russian Federation, is obliged to:

1) provide resource supply organizations, the regional operator for the management of municipal solid waste with information necessary for charging for utility services, including the readings of individual metering devices (when such readings are provided by the owners of premises in an apartment building and tenants of residential premises under contracts social hiring or lease agreements for residential premises of the state or municipal housing stock in a given building of a management organization, a homeowners' association or a housing cooperative or other specialized consumer cooperative) and collective (community) metering devices installed in an apartment building;

2) monitor the quality of communal resources and the continuity of their supply to the boundaries of the common property in an apartment building;

3) accept from the owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or rental agreements for residential premises of the state or municipal housing stock in a given building about violations of the requirements for the quality of public services and (or) the continuity of provision of such services, violations in the calculation the amount of payment for utility services and interact with resource-supplying organizations and the regional operator for the management of municipal solid waste when considering these applications, checking the facts stated in them, eliminating identified violations and sending information about the results of consideration of applications in the manner established by the Government of the Russian Federation;

4) provide resource-supplying organizations with access to common property in an apartment building in order to suspend or limit the provision of utility services to owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or lease agreements for residential premises of the state or municipal housing stock in a given building or by agreement with resource supply organizations suspend or restrict the provision of utility services to owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or lease agreements for residential premises of the state or municipal housing stock in a given building.

11.1. When an apartment building is directly managed by the owners of the premises in the apartment building, the utility service for the management of municipal solid waste is provided to the owners and users of the premises in this building by the regional operator for the management of municipal solid waste.

Information about changes:

Part 12 amended from April 3, 2018 - Federal Law of April 3, 2018 N 59-FZ

12. Management organizations, homeowners’ associations or housing cooperatives or other specialized consumer cooperatives that manage apartment buildings do not have the right to refuse to conclude, in accordance with the rules specified in Part 1 of Article 157 of this Code, contracts, including in relation to communal resources , consumed in the maintenance of common property in an apartment building, with resource supply organizations that provide cold and hot water supply, sewerage, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of a stove heating), and the regional operator for the management of municipal solid waste, except for the cases provided for in part 4 of this article, open tender. Within ten days from the date of the open competition, the local government body notifies all persons who accepted from the developer (the person providing the construction of the apartment building) after issuing permission to put the apartment building into operation of the premises in this building under the transfer deed or other transfer document, on the results of an open competition and on the terms of the management agreement for this house. These persons are required to enter into a management agreement for this house with a management organization selected based on the results of an open competition. If within two months from the date of the open tender the owners have not concluded a management agreement with the management organization, such an agreement is considered concluded on the terms determined by the open tender.

14. Before concluding an agreement for the management of an apartment building between the person specified in paragraph 6 of part 2 of Article 153 of this Code and a management organization selected based on the results of an open competition, the management of the apartment building is carried out by the management organization, with which the developer must conclude an agreement for the management of the apartment building not later than five days from the date of receipt of permission to put into operation an apartment building.

Information about changes:

Federal Law No. 217-FZ of July 21, 2014 supplemented Article 161 of this Code with Part 14.1

14.1. In the event of termination of the use of the building as a rental house, the owner, who owns all the premises in the apartment building, makes decisions on issues related to the management of the apartment building in the manner established by Part 7 of Article 46 of this Code. In the event of the sale or otherwise alienation of the first premises in this apartment building, the owners of the premises in this apartment building, within one year from the date of sale or otherwise alienation of the first premises in this apartment building, must choose at a general meeting of such owners and implement a method for managing this apartment building .

Information about changes:

Federal Law No. 123-FZ of June 4, 2011 supplemented Article 161 of this Code with Part 15

15. The organization that supplies the resources necessary for the provision of public services is responsible for the supply of these resources of appropriate quality to the boundaries of the common property in an apartment building and the boundaries of the external networks of engineering and technical support for this building, unless otherwise established by an agreement with such an organization.

Article 161 was supplemented by part 17 from January 12, 2019 - Federal Law of December 31, 2017 N 485-FZ

17. Management of an apartment building, in respect of which the owners of the premises in the apartment building have not chosen a method of managing such a house in the manner established by this Code, or the chosen method of management has not been implemented, a management organization has not been determined, including due to the recognition of an open selection competition as invalid management organization, carried out by a local government body in accordance with this Code, is carried out by a management organization that has a license to carry out entrepreneurial activity for the management of apartment buildings, determined by a decision of a local government body in the manner and under the conditions established by the Government of the Russian Federation. Such a management organization carries out activities to manage an apartment building until the owners of the premises in the apartment building choose a method of managing the apartment building or until the conclusion of an agreement for the management of the apartment building with a management organization determined by the owners of the premises in the apartment building or based on the results of an open competition provided for in Part 4 of this article, but no more than one year.

According to paragraph 1 of Art. 161 of the RF Housing Code, the management of an apartment building must ensure favorable and safe living conditions for citizens, proper maintenance of common property in an apartment building, resolving issues regarding the use of said property, as well as the provision of utilities to citizens living in such a building.

At the same time, standards and rules for managing apartment buildings are established by the Government of the Russian Federation.

It should be added that the powers of the owner also include possession and disposal of property (clause 1 of Article 201 of the Civil Code of the Russian Federation).

The objects of housing rights are residential premises - a residential building or part thereof, an apartment or part thereof, a room (Articles 15 and 16 of the Housing Code of the Russian Federation). But in addition to residential premises in apartment buildings (especially modern ones) there is a significant amount non-residential premises useful purpose, not intended for residential use. For example, built-in and attached non-residential premises of the first floors (office, retail, Catering, social purposes - kindergartens and children's leisure centers, etc.), parking spaces in underground parking lots, warehouses in basements and ground floors. Let us note that relations arising regarding the ownership, use and disposal of such non-residential premises are not subject to regulation by housing legislation.

At the same time, the owners of non-residential premises in an apartment building, in relation to the common property of the house, have the same rights and bear the same responsibilities as the owners of residential premises:

They own, by right of common shared ownership, the common property of the apartment building (Clause 1, Article 36 of the Housing Code of the Russian Federation);

They are obliged to bear the burden of expenses for maintaining the common property of an apartment building (Article 39 of the Housing Code of the Russian Federation);

They have the right to participate in the general meeting of owners of premises in an apartment building (Article 44-48 of the Housing Code of the Russian Federation);

They have the right to be members of a homeowners’ association created to manage an apartment building (Article 139 of the Housing Code of the Russian Federation) and to participate in the management of the HOA itself;

They are required to participate in the management of an apartment building and the choice of management methods (Articles 161-164 of the Housing Code of the Russian Federation), etc.

Therefore, the owners of non-residential premises are not only obliged to bear the burden of expenses for maintaining the common property of an apartment building and participate in the management of it (the house), but also have the right, on an equal basis with citizens living in the house:

Count on providing favorable and safe conditions for using your non-residential premises;

Receive necessary utilities.

The choice of management method is, first of all, the choice of a system of contractual relations. Legislatively, the owners of premises in an apartment building are given two options for deciding on the choice of management method:

Independent decision (at a general meeting or by absentee voting);

The decision of local governments to hold an open competition to select a management organization that will manage an apartment building, the owners of the premises of which either did not choose a management method, or the decision was not implemented.

The implementation of the first option is carried out by holding a general meeting of owners of premises in an apartment building in accordance with the procedure provided for in Chapter.

6 of the Housing Code of the Russian Federation. General meeting owners of premises in an apartment building is competent (has a quorum) if the owners of premises in this building or their representatives with more than 50% of the votes of the total number of votes of all owners in the apartment building took part in it. The decision is made by a majority vote of the total number of meeting participants. The decision of the general meeting on choosing a management method is mandatory for all owners of premises in an apartment building, even for those who did not take part in it or voted against such a decision.

According to Part 2 of Art. 161 of the Housing Code of the Russian Federation, owners of premises in an apartment building are required to choose one of the following management methods.

Management directly by the owners of premises in an apartment building;

Management of a HOA or a housing or other specialized consumer cooperative;

Management of the management organization.

The implementation of the second option is carried out in the following order.

1. The local government body informs the owners of premises in an apartment building:

About their obligation to choose one of the methods of managing an apartment building and about the consequences of failure to fulfill this obligation;

The timing of an open competition for the selection of a management organization (one year from the date of informing the owners of the premises). During the year before the date of the said competition, the owners of premises in an apartment building have the right to independently choose one of the ways to manage this building.

In accordance with Art. 18 of the Federal Law of December 29, 2004 No. 189-FZ “On the implementation of the Housing Code of the Russian Federation” (hereinafter referred to as Federal Law No. 189-FZ), local government bodies, starting from January 1, 2007, have the right to hold an open competition to select a manager organization, if before this period the owners do not independently choose the method of managing the apartment building.

In particular, within ten working days from the date of issuance, in the manner established by the legislation on urban planning, of a permit to put into operation an apartment building, the local government body, in the manner established by the Government of the Russian Federation, holds an open competition to select a management organization to manage this building.

Before concluding an agreement for the management of an apartment building between the developer and a management organization selected based on the results of an open competition, the management of the apartment building is carried out by the developer, subject to its compliance with the standards and rules for managing apartment buildings established by the Government of the Russian Federation, or the management organization with which the developer has entered into an agreement management of an apartment building, which is concluded no later than five days from the date of receipt of permission to put the apartment building into operation.

2. Upon the arrival of the deadline for holding an open competition, local government bodies inform management organizations about the procedure and conditions for its conduct, as well as about the quantitative and qualitative indicators of the housing stock to be managed, and in the manner established by Decree of the Government of the Russian Federation of February 6, 2006 No. 75 “On the procedure for holding an open competition by a local government body to select a management organization to manage an apartment building” (hereinafter referred to as Resolution No. 75), a competition is held.

3. The local government body, within 10 days from the date of the open competition, notifies all owners of premises in an apartment building about the results of the competition and the terms of the management agreement.

4. The management organization sends a draft (offer) of a management agreement to each owner. The owners of the premises sign (accept) a management agreement with a management organization selected based on the results of an open competition.

5. Unless otherwise established by the management agreement, the management organization begins to implement the agreement no later than 30 days from the date of its signing.

6. The local government body, no later than one year after the conclusion of an agreement between the management organization and the owners of the premises of an apartment building, convenes a general meeting of owners to decide on the choice of a new management method or maintaining the previously chosen one.

Management directly by the owners of premises in an apartment building. The choice of this method of managing a house indicates that the owners are ready to independently carry out activities to manage the common property in the house, without the involvement of management organizations and the creation of an HOA.

It is not difficult to assume that the real effectiveness of independent management will manifest itself better in conditions of a small number of premises owners. This is due to the fact that effective planning, organization and control of all processes aimed at managing a house are possible if there is a sufficiently small number of owners who have common interests and sufficient moral incentives.

Advantages this method management (no need to incur management costs, simplified management procedures) are especially evident in rural areas, when there is no multi-apartment building, and the houses have from 2 to 30 apartments.

One of the most serious disadvantages of management directly by the owners is the lack of the right to receive budget funds for overhaul. Most likely, this is due to the lack of a current account to which targeted budget funds would be transferred (a group of owners cannot open a current account for everyone, and an account for one of the owners does not inspire confidence), and a responsible person who could account for the expenditure of budget funds. means (everyone is responsible, which means no one in particular).

Despite this, direct control can work successfully in rural areas, where small houses it is possible to repair at the expense of the owners of the premises.

The decision to choose a method of managing an apartment building directly by the owners is made at a general meeting of owners, who vote by a majority vote of those present. Then the question of how such management will be organized is decided. In any case, all issues of managing the house are resolved at a general meeting, however, the practical implementation of decisions and interaction with third parties can be carried out in different ways.

Options for direct management of an apartment building directly depend on the number of apartments in the apartment building.

So, if there are more than four apartments in a building, the owners of the premises in this building at their general meeting are obliged to elect the council of the apartment building from among the owners of the premises in this building. Moreover, if during the calendar year the decision on electing the council of an apartment building by the owners of the premises in it is not made or the corresponding decision is not implemented, the local government body, within three months, convenes a general meeting of owners of the premises in the apartment building, the agenda of which includes questions about the election in this the council house of an apartment building, including the chairman of the council of this building, or on the creation of a homeowners’ association in this building.

The council of an apartment building cannot be elected in relation to several apartment buildings.

Registration of the council of an apartment building with local authorities or other bodies is not carried out.

The number of members of the council of an apartment building is established at a general meeting of owners of premises in the apartment building. Unless otherwise established by a decision of the general meeting of owners of premises in an apartment building, the number of members of the council of an apartment building is established taking into account the number of entrances, floors, and apartments in the building.

From among the members of the council of the apartment building, at the general meeting of owners of premises in the apartment building, the chairman of the council of the apartment building is elected, who manages the current activities of the council of the apartment building and is accountable to the general meeting of owners of premises in the apartment building.

The council of an apartment building is subject to re-election at a general meeting of owners of premises in an apartment building every two years, unless a different period is established by a decision of the general meeting of owners of premises in a given building. In case of improper performance of its duties, the council of an apartment building may be re-elected early by the general meeting of owners of premises in the apartment building.

Thus, the council of an apartment building operates until re-election at a general meeting of owners of premises in an apartment building or in the event of a decision to create a homeowners’ association until the election of the board of the homeowners’ association.

The competence of the council of an apartment building and the chairman of this council is determined by Art. 161.1 Housing Code of the Russian Federation.

In particular, the council of an apartment building:

1) ensures the implementation of decisions of the general meeting of owners of premises in an apartment building;

2) submits to the general meeting of owners of premises in an apartment building, as questions for discussion, proposals on the procedure for using common property in an apartment building, including the land plot on which it is located this house, on the procedure for planning and organizing work on the maintenance and repair of common property in an apartment building, on the procedure for discussing draft agreements concluded by the owners of premises in a given building in relation to the common property in a given building and the provision of utilities, as well as proposals on issues of competence of the council of an apartment building , elected commissions and other proposals on issues, the adoption of decisions on which does not contradict this Code;

3) submits proposals to the owners of premises in an apartment building on issues of planning the management of an apartment building, organizing such management, maintenance and repair of common property in this building;

4) submits to the owners of premises in an apartment building, before consideration at the general meeting of owners of premises in this building, its conclusion on the terms of the draft agreements proposed for consideration at this general meeting. If a commission is elected in an apartment building to evaluate draft contracts, the said conclusion is presented by the council of this building together with such a commission;

5) exercises control over the provision of services and (or) performance of work on the management of an apartment building, maintenance and repair of common property in an apartment building and the quality of utilities provided to owners of residential and non-residential premises in an apartment building and users of such premises, including premises, included in the common property in this house;

6) submits a report on the work done for approval to the annual general meeting of owners of premises in an apartment building.

The powers of the chairman of the council of an apartment building are as follows:

1) before the general meeting of owners of premises in an apartment building makes a decision on concluding a management agreement for an apartment building, the right to enter into negotiations regarding the terms of the said agreement, and in the case of direct management of an apartment building, the owners of premises in this building have the right to enter into negotiations regarding the terms of the agreements specified in Part. 1 and 2 tbsp. 164 of the Housing Code of the Russian Federation and brings to the attention of the general meeting of owners of premises in an apartment building the results of these negotiations;

2) on the basis of a power of attorney issued by the owners of premises in an apartment building, concludes, under the conditions specified in the decision of the general meeting of owners of premises in this building, a management agreement for an apartment building or agreements specified in Parts 1 and 2 of Art. 164 Housing Code of the Russian Federation.

Under the management agreement for an apartment building, all owners of premises in the apartment building who have granted the chairman of the board of the apartment building powers certified by such powers of attorney acquire rights and become obligated. The owners of premises in an apartment building have the right to demand from the management organization a copy of this agreement, and in the case of direct management of an apartment building by the owners of premises in this building - copies of agreements concluded with persons providing services and (or) performing work on the maintenance and repair of common property in this home, from the specified persons;

3) exercises control over the fulfillment of obligations under concluded contracts for the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building on the basis of a power of attorney issued by the owners of premises in an apartment building, signs acceptance certificates for services provided and (or) work performed on content and current repairs of common property in an apartment building, acts of violation of quality standards or frequency of provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building, acts of failure to provide utility services or provision of utility services of inadequate quality, and also sends them to local government bodies appeals about failure of the management organization to fulfill its obligations;

4) on the basis of a power of attorney issued by the owners of premises in an apartment building, acts in court as a representative of the owners of premises in this building in matters related to the management of this building and the provision of utilities.

In other cases, the following methods of distributing responsibilities and representing interests between owners are possible:

1) all responsibilities for managing the house are distributed among all owners and are performed by them on a voluntary and voluntary basis, including representation in relations with third parties;

2) by decision of the general meeting one of the owners is authorized to initiate all decisions on the management of an apartment building, including the right to represent the interests of the owners before third parties;

3) on the basis of a decision of the general meeting, another person who is not the owner of the premises, but who has a power of attorney from all or the majority of the owners, has the right to act on behalf of the owners. It should be noted that this person is not a manager, since all decisions are made by the general meeting of owners of the premises, but a representative of the interests of the owners before third parties.

In order to authorize a third party (non-owner of the premises) to represent interests on issues of managing an apartment building, it is necessary:

Availability of a decision of the general meeting of premises owners to authorize a person to act on their behalf in relations with third parties;

Power of attorney drawn up in writing, issued to an authorized person by all or a majority of the owners of premises in an apartment building.

When directly managing an apartment building with less than four apartments, the only governing body may be the general meeting of owners of premises in the building. At the general meeting, all decisions related to the maintenance and repair of common property, the provision of utilities, the disposal of common shared ownership in the house.

In the direct management of an apartment building, the number of apartments in which is no more than twelve, the owners of premises in such a building enter into agreements for the provision of services for the maintenance and (or) performance of repairs of common property in such a building with persons carrying out the relevant types of activities, the owners of premises in such a house is concluded on the basis of decisions of the general meeting of these owners. In this case, all or most of the owners of premises in such a house act as one party to the concluded agreements.

When directly managing an apartment building, the number of apartments in which is more than twelve, the owners of premises in this building enter into an agreement with the management organization for the provision of services and (or) performance of work on the maintenance and repair of common property in this building on the basis of a decision general meeting of the said owners. In this case, the owners of premises in this building, having more than 50% of the votes of the total number of votes of the owners of premises in this building, act as one party to the concluded agreement.

Part 2 Art. 164 of the Housing Code of the Russian Federation provides for the need to conclude agreements for the provision of utility services with each owner of premises in an apartment building separately. The rule that all or the majority of the owners of the premises are parties to the agreement no longer applies here.

Agreements for the provision of utility services are concluded by each owner of the premises on his own behalf. However, in accordance with Art. 540 of the Civil Code of the Russian Federation, in the case where the subscriber under an energy supply contract is a citizen who uses energy for domestic consumption, the contract is considered concluded from the moment the subscriber is first actually connected in the prescribed manner to the connected network. Thus, there is no need to conclude a separate agreement with each citizen in writing.

Owners of premises in an apartment building who directly manage the building pay utility bills on the basis and in accordance with agreements concluded with persons providing utility services. The amount of the fee is calculated according to the tariffs established by state authorities of the constituent entities of the Russian Federation and local governments.

Thus, the direct management of an apartment building is the activity of the owners of the premises, aimed at ensuring favorable and safe living conditions, proper maintenance of common property, resolving issues of use of this property, as well as providing utilities to citizens living in such a house, during which contracts for the supply of utility services is concluded with each owner on his own behalf, and contracts for the provision of services for the maintenance and repair of common property are concluded with all or with the majority of the owners of premises in the house based on a decision of the general meeting. (Management of a homeowners' association is discussed in Chapter 10.)

Management of the management organization. The managing organization is commercial organization, to which, by decision of the general meeting of premises owners, the powers to manage the common property of an apartment building, create favorable and safe living conditions for citizens and provide housing and communal services can be transferred.

Management organizations carry out their activities in accordance with the norms of the Civil Code of the Russian Federation and the federal laws “On Limited Liability Companies”, “On joint stock companies", "On state and municipal unitary enterprises", "On production cooperatives", "On state registration legal entities and individual entrepreneurs”, as well as on the basis of management agreements for an apartment building.

Despite the fact that the Housing Code of the Russian Federation speaks only about the management organization, in practice, managing a house within the framework of this method can also be carried out individual entrepreneur(managers).

Legal entities specializing in management housing stock, are, as a rule, independent economic entities. They have an independent balance sheet, current and other bank accounts, a seal, forms, stamps and other details of legal entities.

Customers of management organization services can be:

Owners of premises in an apartment building (individuals and legal entities, Russian Federation, constituent entities of the Russian Federation, municipalities that own part of the premises in the building);

Homeowners' association, residential complex, housing cooperative (associations of owners);

The Russian Federation represented by state authorities, the constituent entities of the Russian Federation represented by regional authorities, municipalities represented by local governments, which own all the premises in the house.

Owners of apartment building premises can choose a management organization:

On a competition basis;

According to the list prepared by the initiative group, i.e. without competitive selection.

Owners of premises must develop and approve the Regulations on competitive selection (hereinafter referred to as the Regulations), which set out the criteria for selecting an organization. All organizations that submitted applications to participate in the competition are selected taking into account the criteria specified in the Regulations.

If the owners do not conduct a competitive selection, then the choice of the management organization is carried out arbitrarily at the discretion of the majority of the owners of the premises. First, a list of management organizations is compiled, then at the general meeting the advantages and disadvantages of each of them and the conditions for concluding a management agreement are announced. By decision of the general meeting, a management organization is selected, and then contractual work with it begins (development of a draft agreement, approval essential conditions agreement and draft agreement), which ends with the signing of a management agreement between the selected management organization and the owners of the premises.

If the decision was not implemented or the owners of the premises did not choose a method of managing the apartment building before the deadline established by law, then the local government body holds an open competition to select a management organization in the manner established by Resolution No. 75.

If the customer for the services of a management organization to manage a house is an HOA (residential complex, housing cooperative), then this does not apply to the “managing a management organization” method of managing a house. In this case, the management method is to manage the house of the HOA (residential complex, housing cooperative).

However, a management agreement is also concluded between the HOA and the management organization. Although in this case its content may be broader or narrower than specified in Art. 162 Housing Code of the Russian Federation.

As already indicated, if the state or municipality is the owner of part of the premises in an apartment building, then they act as one of many owners, acting on general rules choosing a control method. However, if all the premises in an apartment building belong to the Russian Federation, a constituent entity of the Russian Federation, or a municipal entity, then partly different rules apply here.

Firstly, the method of management is already predetermined by law - only management by the management organization.

Secondly, the selection of the management organization is carried out on the basis of an open competitive selection, and if the competition did not take place, then without holding such a competition.

The organizers of the competition may be:

State authorities, regional authorities, local governments;

A third party engaged under a contract by a state authority, regional authority, or local government.

The procedure for managing such houses, where all premises are owned by the state or municipality, is established accordingly by the authorized Government of the Russian Federation federal body executive power (if the owner of the Russian Federation), a government body of a subject of the Russian Federation (if the owner is a subject of the Russian Federation) or a local government body (if the owner is a municipality).

A management agreement is concluded between the selected management organization and the owners of the premises, which is the basis for the provision of services for the management of an apartment building.

If the choice of a management organization is made by a general meeting of owners of the premises, then the management agreement is concluded on the terms specified in the decision of this general meeting, documented in the minutes.

If the selection of a management organization is made on the basis of a competitive selection, then the management agreement is concluded on the terms set out in the competition documentation.

The owners of the premises should be familiarized with the draft management agreement before the meeting at which the terms of concluding the management agreement will be approved.

The management agreement for an apartment building is concluded in writing by drawing up one document and signed by the owners of all premises of this residential apartment building, on the one hand, and the head of the management organization, on the other. The required number of copies of the contract is determined by the number of premises in the house.

The procedure for selecting management organizations by local government bodies. Exists special order selection of management organizations by local governments for management residential buildings, where all premises are owned by the municipality represented by local governments.

This procedure is applied when local authorities hold an open competition to select a management organization to manage apartment buildings, where the owner of all premises is municipality represented by local government bodies.

The competition is regulated Federal law dated July 21, 2005 No. 94-FZ “On placing orders for the supply of goods, performance of work and provision of services for state and municipal needs.” The customer of services under the competition is local government bodies, or bodies authorized by them, or a legal entity engaged by the customer under a contract to conduct the competition.