What does the law on managing companies govern? What is it for? And what is its essence? Today, in Russia, residents of an apartment building have the right to independently choose the method of managing their home, it can be a management company or a partnership of owners. In the first case, a legal entity is involved in the management, which is engaged in the maintenance of real estate, maintaining order in the local area, delivers utilities, and so on.
Law
In housing and communal services, the responsibilities of the management company are regulated by the Housing Code, regulatory documents No. 69-, No. 184-, Government Resolution No. 491, and Resolution of the Supreme Administrative Court No. 6464/10.
The underlying document, in this case, is the Housing Code. According to regulatory enactments, management companies can be created in the form of:
- private enterprise;
- in the form of a housing association;
- SUE or DES.
According to the requirements of federal law, a management company can be highly specialized, that is, provide certain services. Although it is still more convenient for residents when one institution deals with all issues.
In addition to regulations, each UK has its own charter, which defines the goals, conditions of work and rules of work. Any contradictions between the provisions of the charter and legislation are unacceptable.
Responsibilities
The Law on Management Companies in the Housing and Utilities Sector obliges such organizations to carry out activities in the field of improving the quality of living of homeowners. The Criminal Code is obliged to carry out work on the maintenance of a common house territory, to resolve issues regarding the uninterrupted supply of utilities. To carry out repair and restoration work within the budget. The Criminal Code is obliged to carry out work to maintain the communications system in good condition, comply with fire safety rules and fulfill the requirements to maintain the proper level of sanitary and epidemiological status.
Repair and maintenance of the local area
The law on managing companies obliges such organizations to timely restore and repair common property. That is, monitor the status of internal electrical networks, heating and wastewater systems. The company is obliged to paint (whitewash) the adjacent premises, to repair door and window openings. Monitor the condition of the roofing and repair it in a timely manner.
The term "house territory" refers to a piece of land that is assigned to a specific apartment building. The size of such a plot is individual in each case. In turn, apartment owners are required to pay land fees.
Utilities
Naturally, without the availability of utilities it is impossible to imagine a comfortable stay. That is why the law on management companies obliges them:
- keep all systems operational;
- ensure timely garbage collection;
- collect payment for an apartment;
- collect debts from non-payers in a claim and action.
In turn, the Criminal Code does not have the right to levy additional payments in excess of tariffs, which were approved at the meeting of owners.
Rights
The law on management companies provides rights for such organizations. In particular, the Criminal Code has the right to participate and initiate a demanding procedure from debtors.
Companies have the right to inform the government about the facts of illegal redevelopment of housing. They have the right to file complaints about misuse of common property.
Asset management companies can control the accuracy of the transmitted data from metering devices and to stop the supply of utility services if tenants do not pay for them.
The company has the right to use the reserve fund if debts have arisen to utility providers or urgent repairs are required.
What is not the responsibility
Neither the old nor new laws on the management company provide for it the obligation to install a video surveillance system, uproot trees, repair intercoms. You should not expect that the Criminal Code will be engaged in decorating the local area or carry out construction work in which there is no urgent need.
Responsibility and Licensing
At the level of the law on managing companies, such a company is assigned liability. First of all, it is provided for violation of the rules of operation of the building, for untimely identification of technical malfunctions. For such violations of the Code of Administrative Offenses (Article 7.22), a fine of up to 40 thousand rubles is prescribed. The same amount of the penalty is provided for situations when flooding of the apartment occurred due to the fault of the Criminal Code.
If the Criminal Code violates fire safety rules, then the fine can reach 200 thousand rubles.
If the company is found to have failed to take measures to provide residents with public services, they may be fined 10 thousand rubles - article 7.23 of the Code of Administrative Offenses.
Residents of the house have the right to appeal to the prosecutor’s office, housing inspectorate, local authorities, and the fire department with complaints about the Criminal Code. But you should always remember that the quality of the services provided depends on the active life position of each resident of the apartment building. You can eliminate the company from house maintenance at the general meeting of all residents.
Since 2016, all companies are required to enter information on the work performed in the GIS system of housing and communal services. If the organization does not do this, then residents can safely contact the regulatory authorities.
Since 2018, absolutely all UK companies are required to undergo the licensing procedure. This is done so that all organizations fully perform their functions. However, depriving a license of a company is not so simple, it can be done exclusively in a judicial proceeding.
Income and Responsibility of Residents
Almost any legal entity is created with the aim of receiving a monetary reward for the services rendered or the delivery of goods. Management companies are no exception. The amount of payment for the services of the company is determined at the general meeting of residents of the house. However, if the amount in the payment increases, then such a decision should be approved at a general meeting. Most often this happens if the building requires major repairs, because such a service is not included in the tariff. If tenants do not support the initiative of the Criminal Code, then liability is removed from the company.
Another very important issue that worries residents of apartment buildings: "Can the UK collect debts and impose fines or penalties." To date, debt can be recovered exclusively through a court decision. However, the company has other leverage. For example, if a tenant pays for the supply of electric energy to a management company, then she has the right to stop supplying it if a debt arises. If the contract is concluded directly with the energy supplying organizations, then only this company has such a right.
The Housing Code establishes the right to charge a penalty if the tenant does not want to pay for utilities. To date, the size of the penalty is 1/300 of the refinancing rate. If the delay is more than 90 days, then the amount of interest increases to 1/130 of the debt.
Competition
According to the norms of the current law, the choice of the management company for an apartment building is the prerogative of the residents. The competition should be based on the requirements of Article 161 of the LC and the rules of the competition, which are approved by Government Decision No. 75. Each constituent entity of the Russian Federation has its own local regulations governing the tender procedure, but they clearly cannot go against the requirements of the Resolution and the LC.
The winner can be determined by open or closed ballot. The main thing is that at least 2/3 of all apartment owners should attend the meeting.