home Credit Agitation of the settlement for the choice of a management company. How does the competition for the selection of a management company take place: the procedure and rules for choosing under the current Housing Code

Agitation of the settlement for the choice of a management company. How does the competition for the selection of a management company take place: the procedure and rules for choosing under the current Housing Code

Housing

The best choice is inaction

The Temptations and Dangers of Managing Multi-Family Residential Buildings

As you know, the owners of apartments in a large apartment building are now faced with a choice - should they create an HOA? Or choose a management company? Or maybe it’s better to do nothing at all, entrusting the solution of all housing maintenance problems to the municipality?

The truth about HOA

The option of creating an HOA, in my opinion, is the most inappropriate, because. its appeal is based solely on a few ingrained myths.

The partnership of owners is supposedly the most profitable form of managing a house. Propaganda for the creation of homeowners associations has been carried out by the authorities at all levels for many years and is aimed at shifting the burden of responsibility for the maintenance of housing onto the shoulders of the population. At the beginning of this propaganda campaign, the form of management with the help of management companies was not tested, so the HOA became the subject of praise. Homeowners' associations are created for 1-2 houses, because with more houses, they become unmanageable and lose their only advantage - the personal acquaintance of all members as the basis of trust in the organization. At the same time, such a small size of HOAs makes them economically unprofitable. Management costs divided by a small amount of apartments are unreasonably high.

Homeowners' associations, as if, can work better than management companies, because. management is carried out by people who live in the house, "they themselves live here and will not do bad things to their house." In practice, this means that the leadership is carried out by amateurs. Many homeowners' associations understood this danger and, in fact, turned into professional management companies. Those who could not do this should seriously think about liquidating the HOA.

Homeowners' associations are allegedly more sensitive to the needs of residents. However, unlike management companies, the factor of personal preferences of the management of the HOA plays a significant role in the work. In the HOA, there are frequent cases when the head openly discriminates against individual tenants, whom for some reason he did not love. With management companies, for example, this simply cannot be, because. the parties are bound by the agreement. The truth about management companies

The process of choosing management companies is now actively going on in almost all houses in the city. Owners of apartments are invited to their place by several companies at once. It seems that the process is going on in conditions of fair competition, and the tenants only have to make a choice. In practice, everything is more difficult.

Agitation of management companies is carried out under an attractive slogan: "You yourself will determine where your money will go." Many tenants melt at the mere mention of it. But no one sees the most serious problem: such an approach, at least, means that the management company shifts responsibility for maintaining the house onto the shoulders of the tenants themselves. Imagine that you came to the post office to send a letter, and you are told: "Now you will determine how to deliver your letter." Before, you put a stamp on the envelope, threw the letter in the mailbox and no more problems - you were sure that the letter would be delivered even if the train on which it was going to be transported was canceled. Will you consider it a virtue that you will have to solve all the issues related to the delivery of a letter on your own? Unlikely. Then why does everyone consider it attractive to independently solve the issues of managing a residential building?! Isn't this a great conquest, that after paying the due amount utility bills no one thinks about why there is hot water in the tap, the lights are on and gas is flowing?

Previously, apartment owners paid the housing maintenance organization for maintaining a certain condition of the house, established in sanitary and other norms and rules: engineering systems serviceable, the yard is clean, the roof does not leak, etc. Now, instead of maintaining housing in proper condition, payment is offered certain types works. The difference is cardinal! According to the draft contracts offered by management companies, residents (customers) are forced to negotiate with the management company (contractor) on the performance of work for the money already paid. From management management company it is impossible to get an intelligible answer to the question of what will happen if the apartment owners consider the estimate proposed by the management company to be too high, because they have nowhere to go - the money has already been paid.

Homeowners are very positive about the availability of separate personal accounts for each house. It is not clear why, but the residents of each house believe that the neighboring houses lived off their payments. Many republics in former USSR they also thought so ... However, a "common pool" for payments for home repairs is economically justified and simply necessary! Indeed, if tomorrow, due to some emergency, your house needs repairs (a tree has fallen and damaged the roof), then you will have to wait until personal account the necessary amount will be accumulated at home. The "common cauldron" allows us to somehow resolve these issues, although it also has flaws. But the rejection of it imposes great risks on the owners of apartments. There are no other ways, for example, special forms of insurance, yet. And most importantly, if the guardians for personal accounts counted the amounts that they protect from encroachment, they would shed tears ...

The decision to choose a management company in practice is made, as a rule, by pensioners. They have free time, they are used to trusting the authorities, who say: "Don't be late! Tomorrow will be too late"! But these people, as a rule, are incompetent, they can be easily deceived and forced to make the "right" choice in favor of the management company, which uses professional agitators for these purposes.

The draft contracts proposed by the companies have many flaws and pitfalls, up to limiting the liability of the management company by the amount of funds collected from the house. Draft contracts are sometimes difficult even for a lawyer to understand, they are so superficial and do not contain real obligations. The attitude of management companies towards them can be judged even by the fact that owners are rushing to make a choice right at a meeting in the courtyard of the house, saying that changes to the contract can be agreed upon and then in working order.

The very attempt of management companies to conclude contracts with each house on individual terms is suspicious. So one house will have a better deal than the other? Even the most qualified manager will get confused in 70 contracts with different conditions, namely, this is the volume of housing stock in the management of an average company. Only standard service conditions for all houses can be economically calculated and implemented.

The authorities provide tacit support to individual companies. However, after the choice made by the tenants, all responsibility lies with the tenants themselves and there will be no one to complain about. The conclusion from all of the above suggests itself: there is no need to create an HOA, or choose a management company now. We, homeowners, do not yet have any experience, knowledge, or information to right choice. Our business is to pay and use communal benefits, and not to check calculations and adjust contracts. Surely, in the future, homeowners will learn all this, the terms of standard contracts will be settled, management companies will stop treating tenants as they would when selling Herbalife. In the future we will choose, but not now...

Let the municipality make the first choice: it has both specialists and opportunities. We chose the government to solve our problems and bear responsibility for it.

Having failed to fulfill its obligations for the capital and current repairs of dilapidated housing, the state decided to transfer the crumbling housing stock to the responsibility of homeowners. In the early 1990s, tenants eagerly began to privatize housing, as owning real estate promises great life and legal prospects. You can register or not register certain relatives in your housing, you can give housing on the security of a loan or sell it, gaining significant cash. You can bequeath it to whomever you want, you can finally ensure a dignified old age and fading away, being alone.

But the clothes of rights are sewn on the lining of duties. In addition to the right to sell housing, you now have an inalienable obligation to keep it safe and sound, protecting the rights of other tenants. You can make redevelopment taking into account the norms of the law and the wishes of your neighbors. But as a homeowner, you can have a stable rental income from it.

These are the benefits of owning a home. There are also encumbrances. You have to pay real estate tax, which will increase every year, as is customary in the civilized world. And, in the end, you must manage the property that is outside your apartment, but without which there is no your comfort and well-being - that is, common house communications, technical rooms, walls and roof of the house, as well as the local area. If you don't take it upon yourself, someone else will take care of it, and yet trust in state and business structures close to them is steadily declining. Wealthy people, if they buy real estate, then outside Russia, in those countries where the legislation is on guard of the owner.

It is necessary to convey these facts to the consciousness of the owners of the premises. It is necessary, in any way, to encourage residents of municipal and departmental apartments to privatize housing. It is necessary to form a condominium, a closed habitat, where only the tenants manage, and no municipal structures. It is necessary to instill in people the psychology of the owner, to show that their responsibility is limited not by the front door of the apartment, but by the front door of the house.

This is easiest to do in an old house (1960-1970s), inhabited by people of the same social stratum, preferably if the apartments in the house are not sold to strangers, and the residents have personally known each other for decades. We need a charismatic person (the initiator of the meeting, who then will definitely become the chairman of the HOA), preferably released. This may be a pensioner of the Ministry of Internal Affairs, the KGB or a professional builder. Personal qualities are of paramount importance.

1. Convey to the minds of people that as soon as you privatize the local area, then there will be no parking lots, barbecues, saunas or skyscrapers on it (without the consent of the residents). If the state needs to withdraw this land for its own needs (construction of the summit facilities in Vladivostok in 2012 or in Sochi for the 2014 Olympics), then the land will be purchased at the market value, and not at the cadastral value!
2. You yourself will be able to plan the use of common house premises and the adjacent territory to suit your needs.
3. You can make legal parking of personal vehicles right under the windows. You will provide land under the garages, which then no one will touch!
4. You will be able to post outdoor advertising on the walls of the house, rent out the basement of shops (if any), attics, technical rooms. The income from these transactions will go first to overhaul(dampness, fungus in the entrance will be destroyed, boring elevator cabins will be replaced, the issue of an ever-leaking roof, with gusts of supply pipes and disconnection of hot water for an indefinite period will be resolved forever), it is possible that land will be leased (at market value) for small business, and the income will go to subsidies to tenants to pay utilities. Perhaps the rent will be canceled forever!
5. Tell people that the HOA will expand, taking control of neighboring houses, and the sooner management experience is gained, the easier it will be for the residents of this house to solve their problems, at least at the expense of newly attached houses. Make it clear that what is done voluntarily today will be enforced tomorrow.
6. Convince people what larger structure, the lower the unit costs for personnel. The more members of the HOA, the more contributions there will be, the stronger economically the HOA will be, the more global tasks it will be able to solve. Who did not have time - he was late and will always trail in the tail!

At least at the first stage, the impeccable honesty of the people elected to the board and audit commission HOA. Look for people who have personal and business connections with the City Administration, grow your own staff. The longer and more successfully your HOA chairman works, the more experience he will have. Try to orient him towards eternal work in this capacity, make it clear that the reward for his work will be worthy.

The main thing to remember is that the HOA is not a momentary conjuncture, it is forever. As experience shows, the existing HOAs are not being liquidated, which means that the future belongs to them!

Change of management company is one of the most popular reasons for convening general meeting. And, as practice shows, the transition from one management company to another does not always go smoothly. Those who disagree with the voting results are challenging the protocol in the courts. And often the ministers of Themis recognize the meeting as illegitimate. The reason for this is all sorts of violations of the procedure for holding a gathering of residents. To talk about how to change the Criminal Code or create an HOA, City News carefully studied the current housing legislation, and also talked to experts. The algorithm of actions of the owners, if they decide to abandon the services of the former managers, is prescribed in the Housing Code (LC RF). And the change of the Criminal Code and the creation of an HOA is possible only with the decision of the general meeting. And in order for the decision of people to be legitimate, you need to follow the following rules.

1. Any owner or group of owners can be the initiator of the general meeting. At the same time, last year changes were made to the Housing Code of the Russian Federation, according to which residents have the right to entrust the organization of the general meeting of their Criminal Code, HOA or Housing Construction Cooperative. It is necessary that owners holding at least ten percent of the votes ask the managing organization about it in writing. In the appeal, it is necessary to indicate the issues to be included in the agenda of the meeting. In order to convene and hold a meeting, housing residents have 45 days from the date of receipt of the application. “The most cynical residents can ask their Criminal Code to hold a meeting to terminate the contract with themselves and choose a new company, and housing residents have no right to refuse this,” Roman Kazakov, chairman of the public movement “People’s Control in Housing and Public Utilities,” emphasizes.

Sometimes only after the change of the management company in the management of the house there are positive changes.

2. The initiator of the meeting forms the agenda, chooses the form of holding and notifies the owners of the gathering no later than ten days before the date of its holding. Within the specified period, a notice of holding a general meeting must be sent to each owner by registered mail or delivered personally against signature. As experts say, it is often the failure to comply with this requirement that leads to the fact that people's decisions are recognized as illegal. Every time you need to hold a meeting, personally handing the announcement to each owner is problematic, but the law provides a way out of the situation.

3. The most realistic form of holding a general meeting is face-to-face. Thus, if the quorum could not be reached in person (less than half of the residents came to the meeting), there is no need to initiate a new meeting, but you can immediately start absentee voting. Only the owners can express their opinion on certain issues on the agenda, just people registered in the apartment do not have the right to vote.

Important! The General Meeting is not entitled to make decisions on issues not included in the agenda, as well as change it.

4. Depending on the issues raised, the number of votes for a decision may vary. So, if we are talking about the reconstruction of a house, then people should vote for it unanimously, if current repairs are required, then two-thirds of the votes are enough, most issues, like changing the method of management, are decided by a simple majority (50 percent plus one vote).

Unfortunately, such a stir happens only around social security, as practice shows, no more than 10 people come to the meeting. The initiators have to catch the rest of the owners apartment by apartment.

Important! The decision of the general meeting is binding on all owners of premises in an apartment building, including those residents who did not vote.

5. The results of the general meeting are documented in minutes.

Important! Decisions and minutes of the general meeting of owners of premises in an apartment building are official documents. Forgery is punishable by law.

6. Within ten days after the meeting, the initiator of the meeting is obliged to transfer a copy of the protocol to his management company, HOA or housing cooperative. Managing organization in turn, is obliged to transfer a copy of this protocol to the housing supervision service within five days. In addition, within ten days the initiator is obliged to notify the owners of the voting results.

The minutes of the general meeting must be submitted to the Criminal Code for execution.

Important! If several copies of protocols from the same house at meetings with a similar agenda get into the construction supervision within three months, this will be the basis for an unscheduled inspection.

7. Thus, the decision of the general meeting comes into force at the moment when the document is checked by the housing supervision service. Consequently, the contract with the former management company will be terminated at the moment when the house is excluded from the license.

8. If, following the results of the general meeting, the residents decided to conclude an agreement with the new management company, then, in fact, the participation of the initiators in the process of changing the company ends here. New organization she herself will demand from the former technical documentation for the house, the funds accumulated on the account of the house, and also conclude agreements with resource-supplying organizations. If, as a result of voting, a decision was made to create an HOA, then before the partnership starts managing the house, it must be registered. To do this, the elected board pays the appropriate fee, notarizes the application for registration, which is written on a special form (it can be obtained from tax service), and together with the charter approved at the meeting, submits for registration to the nearest inspection of the Federal Tax Service.

Important! At state registration The HOA is also presented with the minutes of the general meeting of owners, at which decisions were made to establish a partnership and approve its charter, as well as information about the persons who voted at the general meeting for the creation of a homeowners' association, about the shares belonging to these persons in the right of common ownership of common property in apartment building.

On a note

How best to formulate the protocol clause on informing owners about general meetings and their results

"Determine that the notification of the owners of the premises about the holding of general meetings will be carried out by placing a notice on information stands, bulletin boards, access doors and other places available for viewing by the owners in the entrances and (or) outside the entrances, but within the boundaries of the local area.

Determine that informing the owners of the premises about the decisions taken by the general meeting of owners will be carried out by placing an appropriate announcement or a copy of the minutes of the general meeting on information stands, bulletin boards, access doors and other places available for viewing by the owners in the entrances and (or) outside the entrances, but within the boundaries of the local area.

To this topic

What must be included in a notice of a meeting?

1) information about the initiator;

2) the form of holding this meeting (in-person, absentee or in-person voting);

3) the date, place, time of this meeting or, in the case of holding this meeting in the form of absentee voting, the closing date for the adoption of decisions of the owners on the issues put to the vote, and the place or address where such decisions should be transmitted;

4) agenda;

5) the procedure for getting acquainted with the information and (or) materials that will be presented at this meeting, and the place or address where they can be found.

Where to get comprehensive advice on organizing and holding a general meeting.

"Gorodskiye novosti" collected on one map all consulting centers on housing and communal services operating in Krasnoyarsk. The services of all these institutions are free. Municipal authorities are marked in red state power, blue - resource centers management for work with homeowners associations and the development of local self-government, green - public organizations.

MKU "Department for work with HOAs and the development of local self-government"

Resource center "Department for work with HOAs and the development of local self-government"

st. Oktyabrskaya, 3, tel. 277-58-29

st. 40 years of Victory, 4, tel. 225-02-14

st. Kirova, 2, tel. 227-28-85

st. Youth, 39, tel. 264-60-38

st. Pionerskaya Pravda, 8, tel. 260-00-71

Public movement "People's control in housing and communal services"

Contacts: st. Gorky, 10, tel. 288-16-10, website: NKZhKH.RF, e-mail: [email protected]

Opening hours: Monday - Friday, from 9 to 18 hours, lunch break from 13 to 14

Department of Housing and Public Utilities of the Administrations of the Central District

Contacts: Mira Ave., 63, tel. 227-94065, website: admkrsk.ru, e-mail: [email protected]

Opening hours: Monday - Friday, from 9 to 18 hours, lunch break from 13 to 14

Consultative and legal center on the organization of the provision of housing and communal services to the population under the Ministry of Housing and Public Utilities of the Territory

Alexander Grigoriev(TIN: 720304084519) is going to deceive his voters for the second time as a deputy of the Duma of Tyumen, and the owner of the Management Company "Universal". On June 3, the entrepreneur passed the primaries organized by the party's city organization « United Russia» . He is going to run in 21 single-mandate constituencies of the city of Tyumen. Earlier, Grigoriev had already been elected a deputy of the Tyumen Duma in the fifth convocation of the city assembly in the same district. However, it is unlikely that Grigoriev's deputyship brought real benefit to the townspeople who voted for him.

Alexander Grigoriev

Campaign grid of Alexander Grigoriev

In this matter, one should take into account the professional specifics of the activities of Alexander Voldemarovich Grigoriev, which fits perfectly into the campaigning process. The thing is that Grigoriev is a 100% owner of an ordinary city management company. And this means that he has a ready-made campaign grid at hand. Moreover, Grigoriev has worked in the housing sector for almost his entire adult life, and is well versed in the intricacies of management. apartment buildings and specific relationships with people. Alexander Grigoriev became the director and owner of Universal Management Company eight years ago, having gone from an ordinary plumber to commercial director companies in 2003. Having headed LLC MC "Universal" in 2010, he was almost immediately elected to the Tyumen Duma with the help of gullible voters and administrative resources.

To begin with, about the administrative resource. In any city or region, the housing and communal services industry is considered a strategic direction in the economy and people's livelihoods. What is very important for power. Therefore, any enterprise operating in this area is an important tool for the authorities not only in economic matters, but also politically important. It is no coincidence that Alexander Grigoriev, in addition to being the owner of the company, is also a member of the United Russia party, and in general a “valuable person for the city”. His value is partly due to the fact that he has a reliable propaganda tool in his hands, which he has successfully used already once, and is going to use again. And in this case, the ruling party will get its own person in the City Duma, and will increase the percentage of its “success” in the elections, which will then make it possible to report to the party authorities. And in order for this to happen, both the ruling party and Grigoriev himself are going to use ordinary citizens whose homes are served by the company.

This is the same propaganda network. As a rule, it consists of ordinary employees of the "manager" - locksmiths, plumbers, foremen of operational sites. But the most valuable thing is the activists of house councils, the elders in the entrances and just active residents who expect to receive some preferences from the management company for their activity. While being leaders public opinion in your home, porch, or stairwell. Preferences, as a rule, relate to issues of building management, repairs in entrances, etc. But it also happens that some particularly active citizen will have a loggia glazed for free, or the plumbing will be repaired.

“And some, especially trusted persons, have the authority to sign acceptance certificates for some home improvement work (for example, roof repairs). In this case, funds collected from residents are debited from the account of the house, and a special trustee receives a bonus from the management company. Only the rest do not know about it, say, if the work was not completed in full, or not completed at all, ”the Charter said. no interlocutor from among the owners of the house, which serves the management company "Universal" Alexander Grigoriev.

Some of these people are campaigning for professional basis. Since the management companies in the conditions of constant competition for the right to manage the housing stock simply hire "special people" for money to campaign in their favor. All of them form the backbone of Alexander Grigoriev's campaign network.

"Fruits of Promotion"

Given that the company currently manages 169 apartment buildings with total area 67557705 square meters, you can imagine what a huge propaganda force it is. However, any campaign has the opposite effect. Especially when you consider that most of the management companies in Tyumen, included in the list of the ten largest, can hardly be called conscientious companies providing housing and communal services. Management Company "Universal" takes the 8th place in this rating. Social media users are extremely negative about her. Maintenance of houses is accompanied by huge additional fees in the form of illegal charges, a large number of accidents, and poor-quality work of employees. In 2016, Universal Management Company LLC topped the list of 20 debtors for consumed heat before heat supply organization"Heat of Tyumen". In 2017, the debt amounted to 58 million 013 thousand 979 rubles. In 2017, 14 apartment buildings refused the services of the company. Here are just a few reviews of consumers of the services of the Management Company "Universal", and by the way, voters of the city:

Owner Ilya: “In January 2018, a line appeared in the receipt for common house needs of 2000 rubles, supposedly a debt for 2015. How can there be a debt if I paid monthly for water for general needs of 17,18,12 and 5 cubic meters. None repair work they do not produce, it flows in the basement, the cold water and hot water risers constantly fail, flooding the lower floors.

GZhI closes his eyes as usual, (write we will answer). How much can you steal. Entrance and staircase in a terrible state. Olympiyskaya st., 12a.

Owner Lyubov: “February 12, 2018 at 13:10 Quality of service: “30 Years of Pobeda Street 115 And for water supply for general house needs, payment is regularly taken in January as much as 375 rubles, and in the corridors and garbage chutes only posters are hung out to ensure the sanitary condition looked, and cleaning is not done for months. It doesn’t even sweep, let alone wash.”

Owner Alexander: “The company is very bad. I've been calling the department for accrual of housing and communal services for a whole week. Nobody picks up the phone. I decide to apply to the housing inspection of the Tyumen region, ”the homeowners report on the website of Universal Management Company LLC.

Meanwhile, the revenue of Alexander Grigoriev's company for the last reporting year alone amounted to 339 million rubles. Its cost is 9 million 400 thousand rubles with the amount authorized capital 10 thousand. So it turns out that the candidate for the Duma of Tyumen, and the owner of the management company "Universal" Alexander Grigoriev is robbing consumers of the company's services, and is going to deceive his voters, as he already did during his first deputy term.