How to force the management company to make repairs at the entrance?

The management office repaired the entrance by decision of the general meeting

The management organization in Kemerovo received the minutes of the general meeting of owners with a decision on the current repair of the common property of the house - one of the entrances (Part 4.1 of Article 44 of the Housing Code of the Russian Federation). The protocol was signed by members of the counting commission and the chairman of the council of the apartment building.

The OSS protocol indicated that the repairs were being carried out at the expense of the owners. They had to pay an additional monthly fee to the management company until the amount spent on the work was fully repaid. The cost of repairing the entrance was 68,000 rubles. The management authority, in accordance with the decision of the OSS, included an additional payment in the bills for housing and communal services.

The owners called an extraordinary general meeting and refused to pay for the repairs. At this meeting, they learned about the OSS protocol according to which the management organization acted. It turned out that such a meeting was not held; the owners of the premises in the house did not know about it and did not vote.

What is the time frame for troubleshooting during unscheduled maintenance?
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Sample claim against the Criminal Code in court

The statement of claim to the court must be drawn up in accordance with the rules and regulations of Article 131 of the Civil Procedure Code.

The application must meet the following requirements:

• the name of the judicial body is indicated, as well as the plaintiff and defendant, which is the management company;
• the text of the claim specifies violations of the law committed by the management company;
• describes the evidence confirming the violation. The authorities that residents contacted to solve the problem are listed;
• all evidence must be attached to the application.

After submitting the application, a decision is made on its acceptance or refusal within five days. When returning, the reasons for the refusal are indicated; the applicant can correct the error and submit the application again.

Execution of a court decision must be carried out voluntarily. If the management company refuses to comply with the decision, bailiffs begin work.

If the cost of the statement of claim does not exceed 1 million rubles, the plaintiff does not pay the state fee. This is established by the Tax Code of the Russian Federation.

ATTENTION! Look at the completed sample statement of claim for the Criminal Code:

The court declared the minutes of the general meeting invalid

The MA refused to recalculate, since the previously submitted protocol was not challenged. One of the owners filed a lawsuit with the court demanding that the OSS protocol on carrying out repairs at the expense of the owners of the premises be declared invalid, and the repairs be paid for from the own funds of the Management Authority (Part 6 of Article 46 of the Housing Code of the Russian Federation).

The owners proved in court that they were not notified of the general meeting in accordance with Part 4 of Art. 45 of the Housing Code of the Russian Federation, were not present at it and did not vote on the stated issues. The Chairman of the Council of the MKD confirmed that the OSS was not carried out, and she signed the documents for herself and for the members of the counting commission.

The court declared the minutes of the general meeting of owners invalid, and the management company had to return the money to the owners that they paid according to additional charges.

What to do if the court declared the OSS protocol invalid
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Filing a complaint to the management company

If the situation does not develop in such a way that it is necessary to immediately intervene in it, you can write a written statement to the management company itself. Write a complaint about the work of a dispatcher or an ordinary employee to the site manager or director. Most often, a written request helps solve the problem.

In accordance with the law, the management company must respond to the applicant’s request no later than 10 working days. If there is no answer, go to the next authorities.

It is important that the application to the management company be prepared in duplicate. One is sent to the office of the management company, the other remains with the applicant. It is important that the applicant’s copy bears an acceptance mark.

Read how tariffs for utility services are set in management companies here.

The management authority is obliged to carry out routine repairs every three to five years.

After the OSS protocol on the ongoing repairs was declared invalid, the management organization sued the chairman of the board of the apartment building, demanding compensation of 68,000 rubles for the repair of the entrance.

The courts of first and appellate instances rejected the management organization's claim. Their decisions were based on the following arguments:

1. According to the terms of the agreement concluded between the management company and the owners of premises in an apartment building, the management organization is obliged, for a fee, to maintain and repair the common property of the house in proper condition (Part 2 of Article 162 of the Housing Code of the Russian Federation).

In this case, the amount of payment is determined in the amount that allows maintaining common property in accordance with the requirements of the legislation of the Russian Federation (clause 29 of the RF PP No. 491).

2. The proper condition of the common property of the apartment building is compliance with the characteristics of the reliability and safety of the house, the life and health of citizens, the safety of property, as well as respect for the rights and interests of the owners of the premises in the house (clause 10 of the RF PP No. 491).

To ensure such conditions, the management company must carry out house maintenance, inspections, control checks and routine repairs (Article 36 of the Federal Law of December 30, 2009 No. 384-FZ).

3. Routine repairs of entrances should be carried out every 3–5 years, depending on the physical wear and tear of the apartment building (clause 3.2.9 of the State Construction Committee Resolution No. 170 dated September 27, 2003).

4. All ongoing work for the proper maintenance of the common property of the apartment building is considered provided for in the management agreement. Management organizations are obliged to fulfill them, regardless of the presence of such a condition in the contract or the decision of the general meeting of owners (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 29, 2010 No. 6464/10).

Taking into account these requirements of the legislation of the Russian Federation, the judges found that the management organization was obliged to carry out routine repairs in the entrance at the expense of funds collected monthly from the residents of the building in accordance with the management agreement.

The court did not establish a cause-and-effect relationship between the forged protocol signed by the chairman of the House Council and the renovation of the entrance. Therefore, the judges rejected the management's request to recover from the chairman an amount of damage equal to the cost of repairs.

On the right of the housing inspection body to doubt the reliability of the OSS protocol
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What to do if repairs are not being made at your entrance?

To decide where to go for puttying, painting walls and replacing the elevator car, you need to find out who is responsible for managing your home. According to current legislation, the management of an apartment building must ensure favorable and safe living conditions for citizens, proper maintenance of common property, resolution of all issues of its use, as well as the provision of utilities to residents of the building. The Government of the Russian Federation establishes standards and rules for the management of apartment buildings (clause 1 of Article 161 of the “Housing Code of the Russian Federation” dated December 29, 2004 No. 188-FZ).

In accordance with paragraph 2 of Art. 161 of the Housing Code of the Russian Federation, management of an apartment building can be carried out in the following ways:

• direct management of premises owners;
• management of a homeowners' association or housing cooperative;
• management of the management organization.

Information about the organization managing the house is contained in the receipt for payment of utilities. If you are a new tenant and have not yet received a receipt, you can obtain information from the concierge or neighbors. In addition, you can call the hotline at the State Public Institution “Coordination Center for GU IS”.

The fundamental legal acts in this matter are: the Civil Code of the Russian Federation, the Housing Code of the Russian Federation, Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170 “On approval of the Rules and Standards for the Technical Operation of the Housing Stock”, Rules for the Maintenance of Common Property in an Apartment Building (approved by the resolution Government of the Russian Federation dated August 13, 2006 No. 491) (as amended on May 6, 2011). They contain the basic rules, requirements, procedures for maintaining and maintaining common property in an apartment building, as well as the procedure for carrying out current and major repairs and distributing expenses.

Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170 “On approval of the Rules and Standards for the technical operation of the housing stock.”

Rules for the maintenance of common property in an apartment building (approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491) (as amended on May 6, 2011).

Persons obligated to carry out repairs can be identified depending on the way the house is managed. But first you need to make sure that this repair is necessary. This issue is within the competence of the general meeting of premises owners (clauses 1 and 4.1, clause 2, article 44 of the Housing Code of the Russian Federation, clauses 18 and 21 of the Rules for the maintenance of common property). The decision to carry out routine repairs is made by a majority vote of the owners of the premises in the house, and the decision to carry out major repairs is made by a majority of at least 2/3 of the total number of votes (Clause 1 of Article 46 of the Housing Code of the Russian Federation). Owners of residential premises must approve at a general meeting of owners the entire list of services and work, the conditions for their provision and implementation, as well as the amount of repair costs.

According to paragraphs 2.3.4, 3.2.9 of the Rules for the maintenance of common property, the frequency of routine repairs and the frequency of repairs of entrances must be observed once every five or three years, depending on the classification of buildings, physical wear and tear and local conditions. This is also stated in the Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170.

It is necessary to pay attention to the fact that, on the basis of Part 1 of Art. 161 Civil Code of the Russian Federation, paragraph 3 of Art. 39 of the Housing Code of the Russian Federation, as well as, in accordance with clause 6 of the Rules for the maintenance of common property in an apartment building and the Rules for changing the amount of payment for the maintenance and repair of residential premises, in cases of provision of services and performance of work of inadequate quality and with interruptions exceeding the established duration, the authorities HOA management, management organization, or persons performing the work are required to reduce the amount of fees for the maintenance and repair of residential premises.

All of the above answers the question: “how should it be?”, but often reality diverges from the legally regulated order of legal relations. What to do if the control method has been chosen, but the entrance has shabby walls, the roof is leaking and no one needs anything?

• It is necessary to contact the building management body with a written complaint (substantiating your requirements in detail) addressed to the manager or chairman, indicating that if you do not receive a response within the specified period, you will be forced to contact the State Housing Inspectorate of the subject of your place of residence, and in the future you will decide question in court. Be sure to request a note indicating acceptance of the claim. Be sure to make a copy so that you can mark it as accepted.
• If you do not receive a response within 10 days, you can contact the Inspectorate. Using an electronic appeal, you have the opportunity to report the unsatisfactory work of the management organization, illegal actions or inactions of HOAs and housing cooperatives.
• If there is no response from the inspection within 30 days, then you can contact the Territorial Administration of Rospotrebnadzor with a statement of violation of your rights as a consumer. Rospotrebnadzor will conduct an inspection and, in case of violation of the rights of residents, will issue an order to the building management body.
• If the body managing the house does not take measures to bring the property into proper condition, then you need to go to court, preferably attaching documented evidence to the claim.

Current repairs are carried out regardless of the decision of the OSS

Management organizations and homeowners' associations responsible for maintaining the common property of apartment buildings should not wait for residents' requests to carry out routine repairs or the decision of the general meeting of owners.

The MA should remember that:

1. Current repairs of the common property of apartment buildings should be carried out every 3–5 years (clause 3.2.9 of the State Construction Committee Resolution No. 170 dated September 27, 2003).
2. The obligation to carry out repairs is assigned to the management agreement and the norms of the Housing Code of the Russian Federation, No. 384-FZ, RF PP No. 491, Resolution of the State Construction Committee No. 170 and does not depend on the presence of a decision of the general meeting of owners of premises in the apartment building.
3. Carrying out current repairs, the financing procedure for which is defined in the management agreement, does not require an additional decision by the OSS. The obligation to carry out such work lies with the management organization, even if the owners refused to carry out routine repairs (appeal ruling of the Altai Regional Court dated 09/06/2017 in case No. 33-9061/2017).
4. The court, when considering claims against the management company for failure to carry out repairs, does not take into account the arguments that the organization began managing the house recently and all the defects and violations of the maintenance of the common property existed previously. These circumstances do not relieve the management company managing the house at the time the owner applied to the court from the obligation to carry out routine repairs (appeal ruling of the Altai Regional Court dated 09/06/2017 in case No. 33-9061/2017).

For improper maintenance of the common property of an apartment building, the management authority may be held administratively liable under Part 2 of Art. 14.1.3 Code of Administrative Offenses of the Russian Federation for operating an apartment building in violation of licensing requirements.

The courts also satisfy the owners’ demands for compensation from the management organization for moral damages and payment of a fine for refusal to carry out routine repairs under Art. Art. 14, 15, part 6 art. 13 No. 2300-I “On the protection of consumer rights” (decision of the Podolsk City Court of the Moscow Region dated September 28, 2017 in case No. 2-2453/2017, appeal ruling of the Altai Regional Court dated September 6, 2017 in case No. 33-9061/2017).

Who should clean the entrance after renovation?

Question: We have started carrying out routine repairs at our entrance. They made a terrible mess and left everything like that. They say that residents of the entrance must wash both the walls and the floor themselves. Is this fair? Answer: According to Part 1 of Article 161 of the Housing Code of the Russian Federation, 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 providing utilities to citizens living in such a building. This article establishes that management organizations are responsible to the owners of premises in an apartment building for the provision of all services and (or) performance of work that ensure the proper maintenance of common property in a given building and the quality of which must meet the requirements of technical regulations and the Maintenance Rules established by the Government of the Russian Federation common property in an apartment building. Clause 10 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491 (hereinafter referred to as Rules No. 491), establishes that common property must be maintained in accordance with the requirements of the legislation of the Russian Federation (including sanitary epidemiological well-being of the population, technical regulation, consumer protection). By virtue of paragraph 42 of Rules No. 491, management organizations are responsible to the owners of premises for violation of their obligations and are responsible for the proper maintenance of common property in accordance with the legislation of the Russian Federation and the contract. In accordance with Article 36 of the Housing Code of the Russian Federation, paragraph 2 of Rules No. 491, premises in an apartment building that are not parts of apartments and intended to serve more than one room in a given building, including inter-apartment landings, stairs, corridors, are included in the common property. Requirements and standards for the maintenance and servicing of the housing stock are determined by the Rules and Standards for the Technical Operation of the Housing Stock, approved by Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170 (hereinafter referred to as Rules No. 170). According to paragraph 1.8 of Rules No. 170, the technical operation of the housing stock includes its sanitary maintenance, including cleaning of common areas. Clause 4.8.14 of Rules No. 170 establishes requirements for the maintenance of staircases, in particular, it is established that their regular cleaning must be ensured: sweeping of windows, window sills, heating devices - at least once every 5 days; walls - at least 2 times a month; washing - at least once a month. In addition, Decree of the Government of the Russian Federation dated April 3, 2013 No. 290 approved the Minimum list of services and work necessary to ensure proper maintenance of common property in an apartment building. According to paragraph 23 of the Minimum List of work on the maintenance of premises included in the common property in an apartment building, include:

• dry and wet cleaning of vestibules, halls, corridors, galleries, elevator landings and elevator halls and cabins, landings and flights, ramps;
• wet wiping of window sills, window grilles, stair railings, cabinets for electric meters of low-current devices, mailboxes, door frames, door leaves, closers, door handles;
• washing windows.

The fee for these services is included in the fee for the maintenance and repair of residential premises (Part 2 of Article 154 of the Housing Code of the Russian Federation).
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Repair times

Most often, residents wonder how often they should make repairs to their entrances.
After all, in order to hold the management company accountable, you need to know the exact deadlines. In 2021, a typical apartment building is subject to routine repairs every 3-5 years, and major repairs every 20 years. In this case, the degree of wear and tear of the room, its operational characteristics and the type of building itself must be taken into account.

If the house is planned to be demolished in the near future, repairs in it must meet the requirements of feasibility based on the remaining life of the premises.

Houses for upcoming renovations are selected in the spring during the inspection period . A defect report is drawn up, and then an annual plan of entrances, which is published for review on the websites of management companies.