- coordinated activities of the owners of premises to create and maintain favorable and safe living conditions in this house, ensuring the proper maintenance of the OI, solving issues of using this property, providing CU to citizens living in this house. House management is carried out by the owners of the premises independently or by choosing a management method. Therefore, s Legislation provides for ways to manage MKD, there are only three of them (part 2 of article 161 of the Housing Code of the Russian Federation, see the table below):
- direct management of the owners of premises in MKD, the number of apartments in which is no more than 30;
- management of a homeowners' association or a specialized consumer cooperative (ZhK, ZhKK);
- management of the MA.
Table "Methods of MKD control"
| Grounds for recognizing the method of MKD control as implemented | Regulatory rationale | |
| Most of the owners in MKD have concluded contracts for the provision of services for the maintenance and (or) performance of work on the repair of the OI with persons engaged in the relevant activities | Article 164 of the ZhKRF, para. 2 pp. 2 p. 3 of the Rules for the competition for the selection of the MA | |
| The owners of the premises in the MKD, who have more than 50% of the votes of the total number of votes of the owners of the premises in this house, entered into a management agreement with the elected MA. Within 30 days, the management company began to fulfill its obligations, unless another period is specified in the MKD management agreement |
Parts 1, 7 of Art. 162 ZhKRF, para. 4 pp. 2 p. 3 of the Rules for the competition for the selection of the MA | |
| Management of HOA, ZhK, ZhSK | The owners of the premises in the MKD have sent to the authorized federal executive body the documents necessary for the state registration of a homeowners association or housing estate | Paragraph 3 pp. 2 p. 3 of the Rules for holding tenders for the selection of an MA |
Methods of managing MKD - refers to the competence of the general meeting of owners of premises (hereinafter - UTS). The management method for an apartment building is selected on the UTS and can be selected and changed at any time based on its decision. The decision of the USSP on the choice of a management method is mandatory for all owners in an apartment building (part 3 of article 161 of the RF LC).
Direct way of control
With this method of management, the UTS selects organizations to provide maintenance services and (or) to perform work on the OI repair. All or most of the owners of premises in such a house act as one party to the contracts concluded (part 1 of article 164 of the RF LC).
In relations with third parties, he has the right to act (part 3 of article 164 of the LC RF):
- one of the owners in the house, authorized for these actions by the decision of the USSP;
- another person who has the authority, certified by a power of attorney issued to him in writing by all or most of the owners of premises in the house.
note: the conclusion of an agreement for the management of apartment buildings with a direct method of management of housing legislation is not provided.
When choosing direct control of the MKD, it is advisable to choose:
- contractors;
- MKD council or an authorized person who will act on behalf of the owners and in their interests.
Utilities are provided directly by the RNO. Each owner concludes contracts for the supply of CU on his own behalf (part 2 of article 164 of the RF LC).
The service of MSW handling is provided by a regional operator for MSW handling (part 11.1 of article 161 of the RF LC) under a separate agreement with each owner.
The duties of the RNO do not include the maintenance of in-house utilities. The RNO is responsible for the supply of KUs of adequate quality to the boundaries of the OI and the boundaries of the external networks of engineering and technical support of MKD. The agreement of the owners with the RNO may determine a different limit of responsibility (part 15 of article 161 of the RF LC).
Responsibility to the owners of the premises in the MKD for the maintenance of the OI and the provision of CU are borne by the organizations with which they have concluded contracts (part 2.1 of article 161 of the RF LC).
The quality of work and services must correspond to:
- concluded contracts;
- the requirements of the Rules for the maintenance of common property and the Rules for the provision of utilities.
Management of MKD by a homeowners' association
According to Part 2 of Article 161 of the ZhKRF HOA is one of the ways to manage an apartment building. The creation, structure and activities of the HOA are regulated by Sec. VI ZhK RF.
Advantages of TSN (HOA) are as follows.
Members of the board, including the chairman, are the owners of the premises in your house, who are not indifferent to the condition of the roof, utilities, elevators and other common share property.
The HOA is obliged to represent the legitimate interests of the owners of premises in the MKD (Art. 137 of the Housing Code). This means that by organizing an HOA in your home, you will never be left alone with problems.
Any member of the HOA has the right not only to know where and how his funds are spent, but also to influence this process, ensuring the quality of housing services he needs, and through the board of the HOA - and utilities.
The creation of an HOA will ensure the proper quality of the provided housing services simply because you yourself will control the execution of work and the expenditure of funds.
Homeowners association provides an opportunity to earn additional funds that will be used to improve the quality of life in the house. Additional income to the HOA budget can be obtained from the lease of the OI, from additional services provided to the owners of premises (i.e. those that are not included in the list of basic services provided by the partnership to its members without charging additional fees (installation of entrance doors, repairs in the apartment, etc.)).
Membership in a HOA forms the consciousness of active owners, which means that tenants will be more careful about their home.
By making common decisions, you will finally get to know your neighbors. And this is useful, including from a security point of view.
If you live in a new building, then the competent management of the HOA will allow you not to think about the Kyrgyz Republic for many years, open a special account to accumulate contributions for overhaul.
Membership in a HOA allows you to move from solving the problems of ensuring the life of the house to the tasks of improving the quality and comfort of living.
The main advantage of the HOA- with the right choice of the HOA board, you not only decide for yourself how much money you will spend on maintaining your home, but you can also be sure that these funds will be used to solve the problems of your home.
Management of MKD by the managing organization
Management Methods MKD completes the management of the MA (managing organization).
To recognize the method of managing MKD by the managing organization, the following conditions must be met:
- the owners made a decision on the choice of the MKD management method - management of the MA;
- selected a specific managing organization;
- approved at the meeting the draft management agreement (with essential conditions);
- owners with more than 50% of the votes of the total number of owners' votes in this house have entered into an agreement for the management of MKD with the elected UO (part 1 of article 162 of the RF Housing Code);
- within 30 days, the MA began to fulfill its obligations, unless another period is specified in the MKD management agreement (part 7 of article 162 of the RF LC).
UO- a legal entity, regardless of the organizational and legal form or individual entrepreneur, who carry out activities for the management of apartment buildings on the basis of a license (part 4.2 of article 20 of the Housing Code).
MA is a commercial organization, the main purpose of which is to generate profit from the provision of services and (or) performance of work in the management of apartment buildings.
There are the following features of the management of the UO (part 6.2, 13 article 155, part 1 article 157, part 2.3, 10, 10.1, 11 article 161, part 7, 10, 11 article 162 of the ZhKRF):
At first, MA is responsible to the owners:
- for the provision of services and (or) performance of work that ensure the proper maintenance of the OI;
- for providing KU depending on the level of home improvement.
Secondly, The MA is obliged to commence the implementation of the management agreement no later than 30 days from the date of its signing.
Thirdly, The MA receives payment for the provided KU and makes settlements with the RNO for the supplied utilities and water disposal, with the regional operator for the provision of services for the management of MSW.
Fourth, The MA has the right to give proposals to the OSS on the list of works and services (management of MKD, maintenance, current and overhaul repairs of the OI) and on the amount of the corresponding fee.
Fifth, MA is obliged to report to the owners on the implementation of the management agreement for the previous year annually during the first quarter of the current year and place the report in the GIS Housing and Communal Services.
At sixth, UO is obliged to post in the GIS Housing and Communal Services information on the activities of the management of MKD.
The MA is responsible for the performance of all work and the provision of services in accordance with the provisions of the current legislation and the terms of the management contract. The MA has the right to carry out work on its own or with the involvement of contractors and does not have the right to refuse to conclude contracts with the RSO and the regional operator for the management of MSW (part 12 of article 161 of the RF LC).
The MA, at its discretion, engages contractors to carry out the work. Accordingly, owners in MKD are not empowered to select contractors and determine the conditions under which a particular contractor is involved.
Only one UO can manage the MKD (part 9 of article 161 of the RF LC).
Recently, it became possible for the owners of the premises to move to.
Methods of MKD control: differences.
The housing legislation of the Russian Federation provides for three methods of managing an apartment building (part 2 of article 161 of the RF LC):
- Direct management of the owners of premises in an apartment building (Article 164 of the RF LC).
- Management of a homeowners' association (HOA) or a housing cooperative or other specialized consumer cooperative (20% of houses);
- Management of a management company (MC) (80% of houses).
The first option is not suitable for our house, since direct control is possible in an apartment building, the number of apartments in which is no more than thirty (part 2 of article 161 of the RF LC).
Differences in control options
The difference between the Criminal Code and the HOA is fundamental.
Different goals:
- MC is a commercial private organization created to make a profit.
- Homeowners' association is a non-profit organization created to minimize costs.
Miscellaneous tasks:
- MC is the capitalization of profits by minimizing the cost of maintaining a house with a subsequent increase in the number of houses serviced.
- Homeowners' association is the task of minimizing the costs of managing the house and accumulating the reserve fund of the house for improving the house.
Advantages and disadvantages
The disadvantages of HOAs are usually attributed to the high level of expenses for the maintenance of the staff of workers. All existing debts fall on the shoulders of the community. The advantages of HOAs are the direct management of the owners' property and the provision of utilities, effective protection of owners against resource supplying organizations, as well as the ability to conduct commercial activities.
The disadvantages of the Criminal Code include the focus of the management organization on making a profit from the provision of services to owners at the expense of increased tariffs, and not on the management of other people's property and the lack of direct control over the results of services provided or work performed by the owners. That's why Management companies are absolutely not interested in reducing tenants' expenses for house maintenance.
The advantages of the Criminal Code can be called a faster way to refuse their services. The Criminal Code also covers all existing debts at the expense of accumulated reserve funds.
There is only one advantage of the management company over the HOA: the tenants of the house do not have to pay the debts of negligent neighbors. However, in reality, the Criminal Code often spreads the accumulated debts between bona fide payers.
An apartment building is a complex technical structure that requires constant attention. It is necessary to maintain his condition, care for him and manage him.
Someone has to do this, either the owners of the living quarters themselves, or hired specialists. The state provided residents with a choice of the form of management of MKD.
But before choosing, you need to have an idea of what control methods are.
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Management methods for an apartment building
The RF Housing Code (Article 161) provides for several management options (abbreviated as MKD).
These include:
- Directly by residents;
- Through the creation of an HOA or a cooperative;
- Management company (MC).
The way of managing an apartment building is chosen by the owners at their meeting. They have the right to change the form of management.
However, if for some reason the homeowners do not know how to choose the method, then the municipality decides for them, choosing the Criminal Code at an open tender.
If the tenants manage the house themselves, that is, directly, this means that each owner himself works with the organizations that serve the housing stock.
The presence of a management company in this bundle is not necessary, although in practice, most often, direct management is carried out through the management company, which acts as a representative of the residents.
A legal entity with this form is not created, the house is managed by a senior housekeeper, or a house committee.
The next way is to create a housing cooperative or HOA. On the basis of the general meeting of owners, a non-profit organization (HOA or cooperative) is created, the main task of which is to maintain the house.
The MKD is managed through the established organization. The homeowners' association has its own checking account, stamp, represents homeowners before third-party and government organizations.
The management company is an organization that specializes in the provision of services in the field of housing and communal services, that is, it is engaged in the maintenance of houses professionally.
The management company can be either private or public.
If the tenants choose to manage the MKD UK, then each owner concludes a service contract with the management company, including the payment of utilities, garbage collection, and the supply of some energy resources.
If you want to know whether a home was overhauled: who is entitled to payment benefits, we advise you to read.
Choice of MKD control
The choice of the management method takes place at the general meeting of homeowners MKD.
The process can be divided into several stages:
- Preparatory. Creation of an initiative group that will prepare the meeting, proposals on the form of management, place and date of the meeting, storage of documents, preparation of a draft resolution, etc.
- Conducting a meeting. In order for the decision of the meeting to have legal force, the presence of at least 50% of the owners living in the house is required. The form of the meeting can be either in-person or in absentia.
- Implementation of decisions of the general meeting. If direct management or management company is chosen, then residents enter into contracts with service providers directly or with a management company. If a HOA or LCD is created, then the constituent documents are drawn up, the organization is registered with state bodies. Further, the owners decide all issues with the HOA or the cooperative.
Since 2015, it is possible to directly manage a house if there are no more than sixteen apartments in it (Federal Law No. 255 dated July 21, 2014, RF ZhK Art. 161).
In other cases, you will either have to create an HOA, or use the services of a management company.
Direct management of a residential building
Direct management of an ICM is collective management. All issues related to home maintenance are resolved at a general meeting.
Each of the owners represents their own interests..
On the basis of the RF LC (Article 164), owners can choose their legal representative who will act on their behalf, that is, conclude contracts, represent the owners in third-party organizations and government agencies.
The representative may not be the owner who lives in the house, but a person hired from outside. Election of a senior housekeeper or a house committee is possible.
Contract
With direct management, only direct contracts are possible.
Contracts are concluded by each owner of the premises, directly managing the apartment building, on his own behalf (Article 164.2 of the RF LC).
The senior housekeeper or the chairman of the house council is authorized to conclude an agreement on behalf of all owners (Article 164.3 of the RF LC), for this each owner must issue a notarized power of attorney addressed to the chairman of the house council.
When concluding an agreement, the owners can provide in the agreement all the conditions necessary for them.
We invite you to download a sample MKD management agreement, direct form: Download the form.
To conclude direct contracts with direct management, you must provide:
- A copy of the minutes of the decision of the general meeting of owners on the choice of the method of managing the house;
- A copy of the minutes of the decision of the general meeting of owners on the choice of an authorized person to interact with resource supplying organizations on behalf of all owners (or on the election of the chairman of the house council);
- A copy of the technical passport for the apartment building;
- Application addressed to the director for the conclusion of direct contracts.
Advantages and disadvantages
The advantages of the direct control method:
- The first and undoubted advantage of the direct form of house management is that the owners with this form are not liable for the obligations of the Criminal Code. The services prescribed in the contract must be provided to them in full.
- Each of the owners is not responsible for the debts of other unscrupulous owners..
- There are no intermediaries, since the owner himself decides with which organization to work. The owners of residential premises independently choose organizations that carry out repair and other housework. In this case, it is a work contract, not a management contract. There is no need to pay for additional work and services that are not specified in the contract.
- In direct form, there is no budgetary allocation for repairs.
- There is no control over direct management, there is no control over the service, both from the residents themselves and from the supervisory authorities (there is no legal mechanism that allows such control to be exercised).
- When concluding an agreement, for example, for the supply of water, it is necessary that at least half of the list of owners have signed an agreement with the supplier. Otherwise, the contract will not be executed.
It turns out that the cheapness of the services provided is compensated by the high cost of repairs, even cosmetic, not to mention capital, and the lack of the ability to influence the supplier.
The owners of residential premises have chosen the direct management of the apartment building and give reasons for their choice. We invite you to watch the video.
Housing legislation provides for three ways to manage an apartment building. The general meeting of owners of premises chooses a management method and can change it at any time on the basis of its decision (parts 2, 3, article 161 of the RF LC).
Direct management of the owners of premises in an apartment building
Direct management is possible in an apartment building, the number of apartments in which is no more than thirty (part 2 of article 161 of the RF LC). On behalf of the owners of premises in such a house in relations with third parties, one of the owners of premises in such a house or another person having the authority certified by a power of attorney (part 3 of article 164 of the RF LC) has the right to act.
Benefits of direct control:
1) the absence of management costs typical for the management method through the management organization;
2) maintenance of housing and common property can be carried out by the owners or by contractors engaged on a permanent or short-term basis, which allows you to reduce the cost of maintaining and repairing the house;
3) each owner independently concludes contracts with resource supplying organizations and is not responsible for debts in paying for utilities of his neighbors (part 2 of article 164 of the RF Housing Code).
Disadvantages of this control method:
1) a decrease in the efficiency of management and the quality of housing and communal services with a large number of owners of premises, the need to hold general meetings on each housing issue;
2) the inability to carry out major repairs at the expense of the Fund for Assistance to Housing and Utilities Reform.
Management of a HOA or a housing cooperative or other specialized consumer cooperative
An association of homeowners (HOA) is created by the owners of an apartment building (by decision of more than 50% of the owners) or the owners of apartments of several houses, is a type of real estate owners associations, which is an association of owners of premises in an apartment building, and is registered as a non-profit organization (clause 4 h. 2 article 44, part 1 of article 46 of the LC RF; subparagraph 4 of paragraph 3 of article 50, paragraph 2 of article 291 of the Civil Code of the Russian Federation).
Note!
From 09/01/2014, the HOA is created in the organizational and legal form of a legal entity - the partnership of real estate owners (hereinafter - TSN). At the same time, re-registration of the created HOA in TSN is not required ( nn. 4 p. 3 art. 50, art. 123.12 Civil Code of the Russian Federation; Letter Ministry of Construction of Russia dated 10.04.2015 N 10407-ACh / 04).
The purpose of the HOA is to manage the common property of the house and carry out activities for the creation, maintenance, preservation and augmentation of such property, the provision of utilities, the implementation of other activities aimed at achieving the goals of management of apartment buildings or the joint use of property of owners (part 1 of article 135 of the ZhK RF).
The HOA has the right to provide services and (or) carry out work on the maintenance and repair of common property in an apartment building on its own or engage, on the basis of contracts, persons carrying out the relevant activities. If the HOA has entered into an agreement with the management organization, it controls the fulfillment of obligations under such an agreement.
The advantages of homeowners 'associations are direct management of the owners' property and the provision of utilities, effective protection of owners against resource supplying organizations, as well as the ability to conduct commercial activities.
The disadvantages of homeowners' associations include the high level of expenses for the maintenance of the staff of workers.
Management of the managing organization
The managing organization is a commercial organization that provides services for the management of an apartment building on the basis of a license (part 1.3 of article 161 of the RF LC).
In addition to the method of managing the general meeting of premises owners, it is necessary to select a specific management organization, agree with it the terms of the contract and the amount of payment for maintenance and repairs.
When choosing a management organization by the general meeting of the owners of the premises, a management agreement is concluded with each owner on the terms specified in the decision of the general meeting. Under the terms of the contract, the managing organization, within the agreed period, for a fee undertakes to provide services and perform work on the proper maintenance and repair of common property in an apartment building, provide utilities to the owners of premises and people using the premises in this building, to carry out other services aimed at achieving the goals of managing an apartment building activities (parts 1, 2, article 162 of the RF LC).
An apartment building management contract is concluded for a period of not less than one year and not more than five years. At the same time, the owners of the premises have the right to terminate the management agreement on the grounds provided for by civil law (parts 5, 8, article 162 of the RF LC).
For improper provision of services, the management organization is responsible to the owners in accordance with applicable law.
The owners of the premises, on the basis of the decision of the general meeting, unilaterally have the right to refuse to fulfill the contract for the management of an apartment building if the management organization does not fulfill the terms of such an agreement, and to decide on the choice of another management organization or on changing the method of managing the house (part 8.2 of article 162 of the ZhK RF).
Disadvantages of this method of managing an apartment building:
1) the focus of the management organization on making a profit from the provision of services to owners at the expense of increased tariffs, and not on the management of someone else's property;
2) the owners have no means of direct control over the results of the services provided or work performed;
3) the appointment, based on the results of the competition, of a managing organization by municipal authorities in situations where the owners of an apartment building did not choose the method of management, and the complexity of the procedure for changing the managing organization (part 4 of article 161 of the RF LC).
Thus, housing legislation allows the owners of premises to independently determine the most convenient way to manage an apartment building, taking into account the full completeness of the existing relations both between the owners and with third parties.
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