During the operation of a residential building, quite often there is a need to repair one or another type of common property of apartment owners (entrance, elevator, windows, roof, etc.). Often, residents have to remind the management company (HOA, housing office, etc.) about this by sending a corresponding application.
So, how to properly prepare and send this document? How long does it take to receive a response? What if the management company ignores the application containing a request for repairs?
Who can write a complaint to the management company?
The right to demand that the management company carry out repairs to the entrance or other objects related to the common property of the apartment building belongs to the owners of this house (read more about the maintenance of the common property of the apartment building here). In this case, the corresponding statement can be written as follows:
- independently by one of the apartment owners - in this case we are talking about an individual complaint;
- a group of owners - such a statement is considered collective (examples of statements can be found below).
It should be borne in mind that the second option of writing a complaint to the management company will have the greatest weight and force. In this case, it will be much more difficult for her to ignore the legal demands of the residents of the apartment building.
Sample application to the housing office for entrance repairs
In the latter case, it is imperative to list each person who signed the application. 3. In the main part of the application, you must inform about the need to repair the entrance. Here it is important to indicate the date when the entrance was last repaired. After all, in the technical rules. Maintenance of the housing stock (https://www.ran.ru/law/gs.htm) states that entrances (depending on wear and tear and classification of the building) must be repaired once every three to five years. 4. Then you need to describe the condition of the entrance in detail. Even to the point of mentioning areas that require urgent repairs. It’s even better to attach a photo of these objects. 5. Indicate the date of compilation of the application, sign (for everyone who takes part in the preparation of the document and agrees with the application), decipher the signatures. 6. This application must have two copies. One is sent by registered mail to the addressee with mandatory return receipt, and the second (preferably with a registration mark) is kept by the applicant. This is done so that the recipient, the Criminal Code, does not refer to the lack of a request, since it was not received (lost, did not arrive, etc.) 7. Wait for a decision. If no action is taken after this statement, you need to file a complaint with the administration (sample here https://www.svem.ru/question/141944/), the Housing Inspectorate or a lawsuit. If the case goes to court, it is important to collect any evidence of the deplorable condition of the entrance, testimony of witnesses that repairs are necessary. 8. If the court makes a decision in your favor, another important matter will follow - to achieve execution of the decision. That is, in this situation, the entrance must be repaired within the established time frame.
This consideration procedure is established by the Law of Ukraine “On Citizens’ Appeals.” In addition, you have the right to take part in the inspection by housing department employees upon the fact of the application, get acquainted with the materials of this inspection, be present during the consideration of the written application and demand that the consideration of the application (petition) or complaint be kept confidential.
Where to submit the letter?
The answer to the question of where to send an application for repairs to the entrance mainly depends on the chosen method of managing an apartment building. So, in accordance with paragraph 2 of Art. 161 of the Housing Code of the Russian Federation, there are several options:
- Transferring the functions of managing a high-rise building into the hands of a management company - in this case, your application for restoration work at the entrance should be addressed to it.
- Independent management of the common property of the house, that is, by its owners - with this method, all issues related to the repair of the entrance will be resolved at a general meeting of apartment owners, as a result of which a specific decision will be made. In this situation, sending an application is not required.
- Carrying out responsibilities for maintaining the common property of an HOA, housing office, etc. – if it is necessary to carry out repairs at the entrance, residents must send their application to the chairman of the relevant association.
Thus, the addressee who must be indicated in your complaint may be a management company, a homeowners’ association, a housing cooperative, or another organization elected to conduct the affairs of the apartment building.
Where can I complain about the management company?
If your requests are ignored or your obligations are not fulfilled in good faith, it makes sense to file a complaint against the management company. Complaints and claims are sent to the following organizations (usually in the order indicated below):
- Complain directly to your management company . As a rule, it is written in the name of the manager. If the initials are unknown, then simply to the legal address of the company indicating the position of the person to whom the claim is addressed.
- To the administration - district or city. As a rule, there is little benefit from this, since most requests receive formal replies signed by an official who does not even read them. But, nevertheless, such a possibility of filing a complaint exists and for the sake of completeness and objectivity of the coverage of the material, it cannot be ignored.
- Housing Inspectorate (Sample application to the Housing Inspectorate for inaction of the Criminal Code). Appeals to this authority are relevant if the management company fails to fulfill its duties or performs them in bad faith. It also considers issues related to the competence of choosing a management company or other organization involved in the maintenance of a residential building. It is inappropriate to send questions related to the resolution of financial issues to the Housing Inspectorate - the legality of charges, and so on.
- Prosecutor's office. It is most advisable to contact this authority in cases of controversial financial issues (illegal charges, etc.) and in other cases of gross violation of current Russian legislation (refusal to issue documentation or failure to provide information, etc.).
- Court. If it is impossible to resolve the problem pre-trial, a statement of claim is filed in court. It is recommended to attach evidence to the application (photos and videos, receipts and so on). In most cases, a court decision is made in favor of the residents and in 85% of cases it is executed in full or in part.
How to correctly write a letter to a management company, homeowners association or housing office?
At the legislative level, there is no uniform regulation for writing a pre-trial claim against the management company. However, when preparing it, you must be guided by the following generally accepted rules:
- It is best to type the document on a computer and print it on A4 paper.
- The text of the letter must be written in an official style, clearly and to the point.
- It is unacceptable to use obscene language and insults.
- From the content of the application, the essence of the requirements being put forward should be immediately clear.
- It is recommended to refer to the specific norms of the current legislation, which stipulate the responsibilities of the management company (homeowners association, housing office, etc.) for the maintenance of the common property of the apartment building.
- Documentary evidence of the legality of the demands put forward by the residents of the house (entrance inspection report, photos and videos) should be attached to the letter.
- The application should be prepared in 2 copies. One will remain with the management company, and the other with the applicant with a mark of delivery to the addressee.
Contents of the document
As mentioned above, the application for repairs is drawn up in any form. However, its content should still include the following blocks of information:
- The “header” of the document - it indicates the details of both parties, namely: the name of the organization providing services for managing apartment buildings, the name of its director, as well as personal information about the applicant (full name, address, telephone). If the claim is collective, then it is written - “Residents of house No. .....” (the exact location of the residential building is indicated).
- The introductory part - here again the applicant’s full name and address of his apartment are duplicated, it is indicated that he is a consumer of services under an agreement concluded with the management company, and it is also stated that, according to the current legislation, it is obliged to maintain the common property of the apartment owners in proper condition that meets safety requirements , sanitary and epidemiological rules and other standards.
In addition, in this section it would not be amiss to mention that the applicant fully fulfills its obligations under the apartment management agreement, making all payments in good faith. - Specific requirements - apartment owners can ask the management company to answer when exactly the last time repair work was carried out at the entrance. In this case, you can express a request to voluntarily eliminate the violations committed (in the event that the governing body does not carry out restoration work within the time limits specified in the law).
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
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According to clause 3.2.9 of the Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170, repairs in the entrance of a residential building must be carried out once every 5 or 3 years. In this case, the frequency of restoration work is determined based on the category in which the building belongs and the degree of its wear and tear.
Sample application for replacing a door at the entrance
It should be said right away that you don’t need a special form , just use a ballpoint pen and a sheet of A4 paper. The requirement to provide documents on a special form by the Criminal Code is not legal, according to state legislation.
The main part of the application should contain a request to repair the roof, entrance, drainage, staircases, and so on. If you know the exact or approximate date of the last repair work, be sure to indicate it. This is important because the rules and regulations establish specific periods of time after which repairs must be carried out. For example, the operating standards for the entrance are from three to five years, that is, repairs to the entrance must be carried out at least every fifth year. In the main part, you describe in as much detail as possible all the existing claims against the company and express your requirements. If there is evidence to support the complaint, be sure to include it. Evidence may include photographs and videos of, for example, a leaking roof or leaves left in the yard.
Transfer methods
There are a variety of options for delivering to the addressee an application for repairs at the entrance. However, the most important thing is that in the end the applicant has in his hands documentary evidence that the claim was indeed transferred to the management company’s employees.
The main most common methods include the following:
- Delivery in person to the secretary through a personal visit to the organization - in this case, you should ensure that the employee accepting the document puts his signature and date on the second copy.
- Sending by registered mail with acknowledgment of delivery of the document.
- Submitting an application electronically – today, many management companies provide their clients with the opportunity to send various requests through a feedback form on the website.
It is worth noting that the latter method is not the most reliable, since in the event of a trial it will be difficult to prove that the claim was actually sent.
How to write an application to the Criminal Code to replace the entrance door at the entrance
Hello.
I want the management company to change the iron entrance door to the entrance. Because when clearing the snow, the tractor’s bucket hit the door and it became deformed and a gap formed. But the fact that the door was hit with a scoop is from the words of the neighbors. Question: how is it legally correct to write an application to the Criminal Code specifically for replacing the doors, because the repair may not give a positive result. And if you write an application to the Criminal Code, is it necessary to collect the signatures of all residents or can I personally write an application on my own? Because I live on the 1st floor, and due to the deformation of the door, the floors in the apartment are cold. THANK YOU. You can personally send an appeal to the management company with a request to repair the entrance doors - due to the fact that it is cold in your apartment. Replacement of doors will be carried out by decision of the meeting of owners.
Terms of consideration
In accordance with paragraphs. j) clause 31 of section IV of the Decree of the Government of the Russian Federation dated May 6, 2011 No. 354, the contractor (management company) is obliged to keep records of complaints received from residents of apartment buildings. At the same time, 3 days are given for consideration of received applications, after which the management company must respond to satisfy the residents’ demands or refuse it.
In addition, another situation is possible. So, if we are talking about poor-quality repairs to the entrance, then the residents in their application must independently establish a reasonable period during which the management company is obliged to correct the violations. This statement follows from the provisions of Art. 30 of the Law of the Russian Federation “On the Protection of Consumer Rights”.
If the residents' demands are ignored, a penalty will be charged to the organization providing apartment management services. The amount of this penalty is 3% of the price of the work (in this case, it is the payment for the repair of a multi-storey building) for each day of delay (clause 5 of Article 28 of the Law of the Russian Federation “On POPP”).
Replacing the entrance door to the entrance
[Law “On the Prosecutor's Office of the Russian Federation"] [Article 10] 1. The prosecutor's office, in accordance with their powers, resolves statements, complaints and other appeals containing information about violations of laws.
The decision made by the prosecutor does not prevent a person from going to court to protect his rights. A decision on an appeal against a sentence, decision, determination and order of the court can only be appealed to a higher prosecutor. 8. We are worried about the knocking of the iron entrance door in the entrance, which is located under our bedroom (we live on the 2nd floor) almost around the clock, how can we demand from the management company to replace this door, which has been in the house for 8 years, at the expense of current or capital funds? repair. The company that services the intercom installed on this door says that the door is heavy and warped, and replacing the door closer will not solve the problem.
Sample application for replacement of entrance door
The housing office or any other management company must maintain the engineering and technical systems in an apartment building. Problems with heating, hot water, electricity, gas supply - no matter what the managers of management organizations say, they must still maintain this property using money from residents’ payments Other content housing For the most part, lawyers help draw up an application from residents for the repair of the entrance, guided by this particular category of mandatory services from the management organization.
- Data that the management company must be guided by the norms of Art. No. 161 Housing Code of the Russian Federation - it is in this article that you can find information that the management organization is obliged to comply with the standards for creating favorable conditions for citizens to live in the houses under its jurisdiction.
- It is not necessary to provide the full registration details of the management company, but it is possible.
- It is worth adding the line: “In connection with the monthly payment of the payment document from the management company, I ask you to oblige the director of the organization, Full Name, to comply with the law and carry out routine repairs to the entrance, carry out cosmetic repairs, glaze the windows and repair the canopy.”
Frequency of repairs to entrances
When a person has other written evidence, he has the right to attach it to the completed application. In such circumstances, the application shall indicate the entire list of information attached to it. The front door is an integral part of the common property.
Write an application to the management company, give it to the signature and date on the second copy. If they don’t repair it, file a complaint with the Housing Inspectorate. It would be good not to let things take their course, but to monitor the progress of the repairs.
And it’s not even that someone will be slack, it’s just that in the course of normal work the need to carry out something that will already be classified as a major overhaul may well arise.
Check pressure reducing valves are installed inlet. Application area. Sample application for obtaining a driver card. Based on received complaints, statements from citizens, requests from employees, etc. Good day, please tell me how to write an application for changing the attending physician. Administration of the Vyaznikovsky district. A sample application for replacing a sewer riser.
Sample application to the housing department for replacement of the entrance door
- in the “header” fill in your initials, residence address and contact information, including email;
- in the title we write “statement of violation of the rules for the maintenance and repair of residential buildings”;
- Next comes the text of the complaint indicating the reason and address where the violation occurred (remember, you must write to the point, without unnecessary details);
- below, ask the inspector to conduct an on-site inspection and issue a resolution to eliminate and punish those responsible;
- We put a signature and date.
In accordance with clause 4.8.4. Rules and standards for the technical operation of the housing stock, approved by Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170, sealing of cracks, depressions, potholes and edges in staircase structures should be carried out as defects appear using materials similar to the structural material. Stair steps that have lost their strength in collapsible flights must be replaced with new ones. The gaps between the flight of stairs and the wall should be sealed with cement mortar. It is recommended to correct chips in tread rollers by using ready-made inserts or concreting on site. In stone steps, damaged areas should be cut out and repaired with stone inserts. In accordance with clause 4.8.10. Rules and standards for the technical operation of the housing stock, approved by Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170, entrance porches must meet the requirements: settlement of the walls and floor of the porch is not allowed by more than 0.1 m;
Application for repair or replacement of the front door
How to force the management company to make repairs in your entrance? Everything that is not included in the area of the apartment is common property. Entrance canopy A frequent stumbling block is the canopy over the exit from the entrance. Representatives of the management company sometimes say that they will not maintain it, since it is property outside the home. In fact, in such a situation they are wrong:
- Monitoring compliance with the requirements of the Government of the Russian Federation No. 290
- Monitoring the receipt of utilities by apartment owners
- Monitoring compliance with the requirements for the operation of residential and non-residential premises in an apartment building
- Control over the activities of management organizations
What is the management company obliged to do for free?
There are general rules for filling out forms regarding how to correctly write an application to a management company, sample.
If the complaint is filed on behalf of several residents of the house, then this will be a collective appeal. The application must be signed by all applicants. Citizens' appeals are sent to resolve problems that have arisen with the organization managing the house. The application must contain not only requirements, but also evidence of violations.
If they ask you to renovate a house, these will be photographs of the emergency condition of the entrances. When there is no hot water, there will be acts of lack of supply of utility resources in the house. The court accepts photographs and video recordings, written documents, and witness statements.
The reason for sending a letter is any violation of the provisions of the agreement concluded between citizens and the management company of the management company.
If there are violations, write a complaint first to the management of the Criminal Code, and then to other authorities - the prosecutor's office, Rospotrebnadzor, the housing inspection.
The introductory part serves to indicate exact information about the organization’s address and contact phone number. The surnames, first names and patronymics of the applicants and their addresses are also indicated here.
The narrative part contains a description of the essence of the problem, as well as evidence of violations by the organization. After a description of the violations has been made, the requirements of the applicants must be indicated.
For example, if you are writing an application to the management company to repair the entrance, you need to attach photographs of the condition of the entrance and demand that repair work be carried out as soon as possible.
There is a greater chance of solving problems when there is evidence. The final part of the complaint contains the signatures of the applicants and the date of preparation. All residents who agree with the requirements listed in the complaint can sign. The general period for providing a response to complaints and appeals from citizens is thirty days. This rule is established by Art.
The deadline for a response begins to count from the date of registration of the written application. The time for preparing a response is specified by the contract concluded with the company. The organization is obliged to respond no later than the period established by the contract.
The period within which a response to an application is given is approved by clause. This Standard was approved by a government decree from the House Managers who are required to provide a response no later than twenty days. For some requests, the time frame for sending a response is reduced.
Regarding the preparation by the management organization of responses to citizens’ appeals, Art. The time frame within which the management company must respond is established by this article. The management company must prepare a response within ten days. This period is valid when a citizen complains about the provision of a service of inadequate quality and causing losses from the provision of a poor-quality service.
The deadline for preparing responses applies not only to management organizations, but also to homeowners' associations, homeowners' associations, and cooperatives. The company must respond within the required time frame, but the response may not satisfy the applicants.
Then you should submit an application to the housing inspectorate and the prosecutor's office. The written appeal must contain clear and concisely formulated requirements about what violations were committed by the company.
For example, in an application for pipe replacement, the following information is indicated: the reasons for the leak, the material from which the risers are made, the location where the leak occurred.
Next, the owner indicates what repair work he insists on or wants the risers to be completely replaced instead of carrying out repairs. The text of the application should make reference to the clauses of the contract, as well as the articles of the Housing Code that were violated.
The complaint must be submitted in two copies. On one of them, the secretary puts a stamp of acceptance, an entry number, a signature and returns it to the applicant, and the second remains for the organization. How to write an application individually or collectively is decided by the residents of the apartment building. Greater results can be achieved by submitting a collective application.
We invite you to familiarize yourself with the fact that there is an error in the share participation agreement, the floor is indicated incorrectly, the agreement has been registered. — question No. 5772292.
There are two ways to submit an application: personally deliver a letter or use the postal service. It is better not to use the electronic application form. House managers may not respond to this request or may violate response deadlines. According to the law, an electronic application does not have the status of an appeal, but is a question.
There is little chance that utility management will address every electronic issue when there are many formal complaints pending.
Often representatives of utility organizations claim that risers must be replaced by apartment owners at their own expense. The statement is true, but only in relation to risers that are located inside the apartment. Indeed, replacing pipes inside an apartment is a headache for its owner.
But the housing organization must change the common property of the house. Therefore, if a breakdown concerns in-house engineering equipment, the management company must bear responsibility. How to correctly draw up an application depends on what results the citizen wants to achieve. By agreement with the housing organization, you can enter into an agreement for pipe repair with a private company.
Then, based on payment receipts, the management company compensates the costs to the residents. The condition of the entrances to most houses leaves much to be desired. Therefore, in this complaint it is necessary to indicate the requirements for what actions the organization must take.
The listed actions relate to current repairs. But there is also a major overhaul, which includes more serious work.
Complaints filed about the need for major repairs contain the following requirements: repair the roof, foundation, walls, facade of the building. It is important to remember that there is a deadline for the management company to respond.
If after twenty days there is still no response, it means that the review deadlines have been violated.
Since the time for considering citizens’ appeals has not been met, it means that you need to go to court. They must respond to statements that are written correctly: do not contain jargon or obscene statements. The example used is standard: information relevant to the case is presented sequentially.
There should be no personalization or accusations. Only references to the provisions of legal acts and requirements to eliminate violations. When there are several requirements, it is better to list them sequentially.
You can print the letter on your computer or fill out the form by hand. The main thing is to make it clear what exactly the residents are dissatisfied with and what they are asking to be corrected.
Here it is indicated with what evidence the applicant substantiates his claims. Materials on any medium, copies of acts, previously made applications are accepted.
It is necessary to carefully list the number of sheets and copies in each application.
Before filing complaints, take the time to take photographs of uncleaned leaves near an apartment building or photograph the peeling façade of the building. These photographs can be safely considered as proof of the stated claims.
Whether or not the letter will be answered within the prescribed period depends on the integrity of the company’s management. In some cases, building managers limit themselves to regular replies to requests.
When there is no response within the specified time, you need to report utility problems to higher authorities or file a lawsuit.
You must prepare your application carefully. It is necessary to clearly describe the essence of the problem, the causes and the requirements for eliminating it. The general response time of the management company is twenty days. But some requirements have shorter deadlines.
How to correctly write a statement to a management company means: the sample complaint must be adapted to your situation. It is also important to make references to articles of the law and warn about going to court if you are not given an answer.
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