In Russia, the third largest problem is the housing sector. Quite often, citizens send applications to management companies with various claims. This procedure has many features. If you study them, then each tenant will be able to defend their rights to the management company. How to make complaints about the actions of the Criminal Code? What is the submission procedure for this document? Where can I go if the housing rights of the population are violated?
Concept of complaint
To begin with, we will understand what a complaint is submitted to the Criminal Code. Why is this document needed?
A complaint is a document that allows you to protect the legitimate rights of the population. In our case, housing. The corresponding statement indicates certain violations and calls on the authorized bodies to rectify the situation.
As a rule, this document is prepared in case of any violations of the established housing legislation and violations by the management company. If residents have any complaints, they can express them. An application to a management company has many features and nuances. But in general, writing such a document is not as difficult as it seems.
Reasons for contacting
When can I file complaints with the Criminal Code? As already mentioned, in case of violations of the rights of residents, it is customary to send appropriate complaints to these organizations. Most often, the population is faced with:
- lack of cleaning of the local area;
- violation of the terms for turning on / off the heating;
- additional charges for housing and communal services;
- inaccuracies in the calculation of rent;
- lack of cleaning of entrances;
- refusal to carry out repair of houses or violations of the established terms of operations.
This is not a complete list of situations in which it is necessary to make complaints. But how to do that? What tips and tricks will help bring the idea to life? Where can I send an application to the management company?
Types of Complaints
Before looking for answers to these questions, you need to understand what types of complaints can be encountered in practice.
There are 2 types of document - collective and personal. Most often, the first option occurs.
Personal complaint - a statement about the violation of the rights of one tenant. Management companies and other bodies do not always quickly consider such appeals. Therefore, they are rare.
Collective applications to a management company are a way of expressing dissatisfaction with a group of residents. Authorized bodies respond faster to such requests. As a rule, it is collective complaints that reflect real housing problems.
Where to go
Now you can figure out where to send applications to the Criminal Code. Much depends on the reason for the tenants applying for the protection of their legal rights and interests.
In any case, in violation of housing rights and freedoms, you can complain:
- to the management company;
- to the housing inspection;
- in HOA;
- Rospotrebnadzor;
- to court;
- to the prosecutor.
As a rule, the bulk of appeals comes to the first 3 bodies. If they are inactive, then people write complaints to the Rospotrebnadzor. Only in exceptional cases is it necessary to contact a prosecutor or even a judge. How to make a statement to the management company? What tips and tricks will help you write a competent appeal?
Presentation form
The first thing that needs to be clarified is that any complaint must be expressed in writing. Oral complaints have no legal effect. In case of inaction of the Criminal Code, the submitted applications will have to be contacted by higher authorities.
At the same time, it is important to take into account that in order to realize ideas, citizens must show evidence of attempts to resolve the issue peacefully. Namely - appeals to the Criminal Code, which they sent earlier. If there are no such documents, then the court, the prosecutor, the HOA, and the housing inspectorate will send tenants to the Criminal Code to rectify the situation.
It doesn’t matter how the application will be created - printed on a PC or written by hand. The main thing is that the applicants should have a tangible medium with a corresponding complaint.
Structure
An application to the management company, like any other claim, has its own structure. In our case, the document will not differ from ordinary complaints.
Without fail, the application contains the following elements:
- "Hat". This is the beginning of the document. It is drawn in the upper right corner of the sheet. It contains information about the authority to which the document is sent and information about the applicants (with contact details).
- Name. It is written from a new line in the middle. This is usually the word "Statement" or "Complaint."
- Clarification. It brings specificity into circulation. They write a clarification from a new line, under the name of the document, with a small letter. For example, "... to the management company due to violations of the timing of the start of the heating season."
- Main part. Here it is necessary to state the essence of the claims. At the end, the evidence and materials attached to the appeal are listed.
- Appeal. Usually this part is a request for help. Citizens are asked to conduct an audit in the Criminal Code and take measures to eliminate certain violations.
- Conclusion Here they write the date of the application to the management company / HOA / ZhI, as well as the applicants put their signatures.
In general, the structure of the statement is straightforward. Any citizen who has ever worked with certain documents or appeals will be able to observe it.
Basic Rules
How to write a statement to the management company? It is enough to observe literacy and the rules of conducting business correspondence.
In other words, a statement from the residents should be:
- submitted in writing;
- literate;
- connected;
- logical;
- free of profanity and jargon;
- designed according to the established rules with the preservation of the structure;
- true.
In other words, it is enough to simply save the structure of the document proposed earlier, write only real things, do it correctly, without errors and typos. Nothing more is needed.
Step-by-step instruction
How to write a statement to the management company? A sample of this document will be presented later. Some are interested in just a step-by-step instruction for compiling the studied paper. It is needed for those who do not want to rewrite complaints several times.
A step-by-step instruction on writing an application to a management company or to a higher authority looks like this:
- Take a blank sheet of A4. If you plan a long appeal, you can prepare several sheets.
- In the upper right corner of the future document, fill out the "header". First, write the name of the organization considering the claim. Next (on a new line) indicate her address and phone number (if possible - e-mail).
- After the done actions it is necessary to write "From" from a new line.
- Register the applicants' full name with contact details (telephones, email addresses, registration).
- Write the word "Complaint" in the center of the sheet. Under it indicate the clarification - the reason for the appeal with the corresponding claim.
- Make up the main part of the document. Here, as already mentioned, the essence of the complaint will be required. The text should be coherent and logical. Preferably concise. Third-party information that does not affect the progress of the matter is not indicated.
- After the main part write "Please" ("Please"). Next, you should ask the authorized body to consider the claim with the submitted materials, conduct an audit in the Criminal Code and correct the situation. It is also recommended that you write suggestions for resolving claims.
- List by numbered list all materials and documents attached to the appeal.
- Put the date of the application (on the left side of the page) and sign (on the right).
That's all. Nothing difficult, special or incomprehensible. A competent person will be able to cope with the task in two ways. Much more difficult is the direct submission of the appropriate application to the management company. Why? All due to the fact that you have to follow certain rules, without which protecting the interests of residents is almost impossible.
Complaint to the Criminal Code
Need to file a leakage with the management company or due to lack of repair at the entrance? It doesn’t matter for what reasons the citizens decided to complain to the Criminal Code. The main thing is that this is only the first stage of protecting the rights and freedoms of residents.
The algorithm of actions in this case will be as follows:
- Make a complaint. To do this, you must be guided by the previously proposed tips.
- Gather evidence of violations.
- File a complaint with the Criminal Code. It is advisable to do this by sending a document by registered mail with a notification. So citizens will be able to prove the fact of appeals to the Criminal Code in order to peacefully resolve disputed issues.
- Wait for an answer. Typically, management companies must respond to applications within 30 days.
What to do if such actions did not help? You need to try several more times to send a complaint to the management company. No use? Then you can proceed to the next step.
HOA and inspection
Namely, to file complaints with housing inspectorates and HOAs. An application to the housing inspectorate for the management company is prepared in the same way as the previously proposed document. The difference lies only in the fact that in such treatment it is necessary to indicate repeated attempts to communicate with the Criminal Code. All this is documented.
It is important to file the application in duplicate. One document remains with the inspection, the other with the applicants. HOA or ZhI put on the second copy of the claim information that the paper has been accepted for consideration. Without this step, residents will not be able to go further if their requests are not satisfied. The response to the claim usually comes within 1 month.
Rospotrebnadzor
It’s clear how to write a statement to the management company. A sample of this document will be presented below. If the housing inspectorate has not responded to the tenants ’appeal, they will have to move on. The next step is to submit an application to Rospotrebnadzor.
Complaints related to the provision of services by the management company should be directed here. The order of treatment is simple. Necessary:
- Write a complaint. It necessarily indicates attempts to resolve issues through the HOA, ZhI and the Criminal Code.
- Collect a package of evidence of certain actions. Notice of receipt of previous complaints is mandatory.
- Submit an application with documents to Rospotrebnadzor.
- Wait for notification of acceptance of the application for consideration.
All. Now it remains only to wait for a response. The response to the appeal is not regulated at the legislative level. But in practice, most often Rospotrebnadzor tries to make a decision on a particular issue within a month.
The prosecutor
Sometimes it is necessary to apply to the prosecutor for a management company. A sample of this document is presented below.
Such a decision is usually taken when the Criminal Code makes serious violations, and all other organizations are inactive. Usually, an appeal to the prosecutor is the stage following complaints to the Rospotrebnadzor.
The procedure and rules for the preparation of the relevant application will be exactly the same as in all previous cases.
Court
The last step that can help protect the rights of residents is to file a claim with the management company. Usually the judicial authorities are contacted when the claim is material in nature and it is necessary to make damages.
It is necessary to file a lawsuit at the place of legal registration of the Criminal Code. You can draw up a document using the previously suggested tips and recommendations.
As practice shows, in litigation, you can quickly solve almost any housing problem. The court will study the materials brought to attention and make a decision. As a rule, judicial authorities usually side with tenants whose rights are really violated.
Samples
What will the sample application to the management company for repairs carried out in violation of the terms look like? A complaint about the lack of cleaning in the yard? Below are typical appeals of citizens to the Criminal Code, the prosecutor's office, the court and ZhI.
These templates are not exhaustive. Each application will look different. Not a single sample of an application to the prosecutor’s office for a management company will be repeated twice.
Nevertheless, having studied the proposed samples, you can familiarize yourself with the basic principles of the preparation of claims. How to write an application for a management company? The answer to this question will no longer be difficult! The main thing is to collect evidence of various appeals. Neither the court, nor the prosecutor, nor the housing inspectorate will respond to claims against the Criminal Code, if earlier the tenants did not directly contact the service company. It is possible that certain disputes can be resolved peacefully.
The application to the prosecutor’s office for the management company, as well as to any other instance, is submitted in several copies. Compliance with this rule will help residents prove that they tried to solve the problem by all means before complaining to a particular authority.