Managing an apartment building is not that easy. The process requires clear knowledge in a variety of areas of legislation, as well as the ability to organize mandatory events and draw up the required documentation. Today, in most residential complexes, the functions of managing an apartment building are assigned to management companies. It is these organizations that carry out all the necessary actions so that citizens can receive energy resources in a timely manner and use them without interruption.
Our article will tell you what methods and forms of managing an apartment building are provided for by law and how to choose the appropriate option.
An apartment building, in fact, is a complex mechanism that consists of individual blocks, elements, and mechanisms. To ensure the operation of each part of the system, it is necessary to clearly coordinate the activities of all property owners in this complex.
In other words, each resident must perform the functions assigned to him in accordance with the established procedure. The activities of people responsible for managing apartment buildings should be aimed at:
- ensuring a comfortable living situation for citizens;
- protection of property from damage and its proper operation;
- providing all necessary services to residents of the house;
- compliance with the rights and interests of property owners prescribed in current legislation.
These are only the main tasks that people involved in managing apartment buildings face, however, in order for them to receive certain powers, the owners of the premises must independently determine the form of real estate management.
This decision is mandatory, since as a result of its adoption, the responsible person will be held responsible for the proper condition of the property, as well as for preventing situations that cause harm to others.
What forms of management are provided by law?
To begin with, it is worth noting that the management method is chosen by the residents of the “high-rise building” exclusively at a general meeting, and any changes are made only through a joint decision by the property owner. Each of the existing forms of management has its own characteristics and procedure for adoption.
The Housing Code of the Russian Federation defines several options for managing an apartment complex. In particular, we are talking about the following possibilities:
- management is carried out by the apartment owners themselves;
- all functions have been transferred to a specially created partnership of real estate owners (TSN) or a cooperative;
- the necessary actions are carried out by the management company.
The choice of one option or another depends solely on the discipline and solvency of the citizens living in the premises. It is important that residents have the necessary equipment at their disposal and have good relationships with resource providers.
Advantages and disadvantages of each form of management
Independent management of apartment buildings can be chosen by residents of those buildings where the total number of apartments is not more than 16. In this case, citizens make a decision at a general meeting and distribute all the responsibilities that will subsequently be assigned to them as representatives of the house. All work is carried out free of charge, which significantly reduces the cost of maintaining the board.
A separate service agreement is concluded with each resident. When choosing an HOA, it is assumed that there will be elections of board members, who will subsequently act as employees for a certain fee. The HOA is already a legal entity. The choice of this option is suitable for large residential complexes with a large number of apartments.
Management companies allow residents of apartment buildings to completely relieve themselves of the responsibilities for managing the house and entrust them to a third-party organization. The disadvantage of this method is the additional payment from residents.
What problems may arise when managing common property?
Any property management option can also have negative sides. At the initial stage, the main disadvantage is the difficulty of making a single decision regarding the form of management. As a rule, the more citizens live in a house, the more difficult it is to achieve unity.
When transferring rights to manage a common business to a third party, problems mainly arise due to the company's dishonesty. There is a very high risk that representatives of the management company will use the received contributions for other purposes, which will lead to serious legal proceedings.
Another important point is that the third-party organization has no personal interest in the proper maintenance of the premises, which very quickly leads to deterioration of the property and conflicts with residents.
Is it necessary to choose a management method and what to do if the residents have not made any decision in this regard?
According to Art. 44 of the Housing Code of the Russian Federation, the procedure for managing apartment buildings is determined on the basis of a resolution of the general meeting of residents. For the decision to be valid, residents must comply with all the details and rules for making such a decision. In the future, any mistake may lead to the cancellation of the document in court.
The most common problem is violation of rules regarding required quorum. According to the law, the number of residents who voted for a particular decision must be at least 2/3 of the number of all owners.
If residents have not been able to decide on the form of management during the year, local governments have the right to independently select a management company and transfer a specific house to it. For this purpose, a competition is announced, and any organization with a sufficient level of preparation can take part in it.
Conclusion
Management of apartment buildings is a very important point, since it allows you to organize all the necessary measures to provide residents with the necessary resources and maintain the residential complex in proper condition. The choice of form of management rests entirely with the residents of the house.
For one apartment building, a homeowners' association is created in only one copy. This decision is made at a separate meeting. It is accepted only if more than 50 percent of those who took part in the voting cast their votes.
The goals of creating an HOA. What it is?
Simply put, this is an association of homeowners in an apartment building. The Housing Code defines it as non-profit organization. It is created in accordance with the framework established in the current legislation.
Recently, the question of negative consequences for residents who choose this particular method of managing their property has often been raised. But this does not happen due to the very existence of the organization. The problem is the incorrect creation procedure. Sometimes they are created not in order to make life easier for residents, but in order to open access to financial resources and additional powers for certain individuals.
Negative consequences do not appear everywhere. The main thing is to take into account all possible features of this process in advance.
Possible ways to manage a house are written in Article 161 of the Housing Code of the Russian Federation. And Article 44 obliges owners to hold general meetings if a really important decision needs to be made.
Article 135 of the Housing Code of the Russian Federation is also devoted to the activities of HOAs. In general, there are many articles that form the regulatory framework for this field of activity:
- Clause 9 of Article 148.
- Part 2 of Article 147.
- Part 5 in Article 147
- Part 6 in Article 146.
- Part 8 of Article 156
- Article 152, part 3.
- Part 3 of Article 151.
- Part 1 in Article 149.
- Part 2 of Article 137.
Initial steps
HOAs are organized both in one apartment building and in several at once. Or on, which are united by one common territory.
There are several difficulties that are associated with certain factors:
- How to regulate legal and financial issues?
- Who submits tax reports and how?
- Records management.
- How to organize general meetings?
- Conducting voting.
- The procedure for forming an HOA requires strict compliance with current legislation.
- How to collect information from residential property owners?
The activities of the HOA are based only on the legal aspects mentioned in the Housing Code. For an organization to be legal, owners must join it. at least 50 percent of the total area of the house. Each resident has the right to refuse to join the HOA. But even in this case, there is an obligation to comply with instructions after general meetings. But such residents do not have the right to take part in voting.
It is mandatory to create an initiative group from among apartment residents, minimum of 5 people. To adopt the charter, an initial general meeting is formed. And to complete the preparatory documentation, the initiative group sends an application to the city administration.
Holding a general meeting
Initiative groups take on the bulk of the responsibilities related to the affairs of the Partnership. At the preparatory stage, it is already partially formed. It is the representatives of the initiative group who prepare the agenda and send out invitations. These same people are responsible for developing the future Charter. And for the formation of approximate Protocols for each of the meetings. Finally, this same group is responsible for creating the voting forms.
The meeting is held to discuss any important issue. On it, each resident is told about the need to create an HOA and explained what advantages this form of partnership has.
Sometimes voting takes place in absentia. Each resident is given some time to make a decision. The main thing is to provide in advance in the charter the possibility of holding absentee voting. A separate voting form is prepared for each community member. Or for every issue that is on the agenda. Each form must have three options: “abstain,” “for,” or “against.”
The counting of votes should not be based on how many people took part. And in terms of the total area that belongs to the residents. For example, property owners of 70 square meters have more votes than owners of 30 square meters.
On approval of the charter
The charter is the main document on which almost all activities of the HOA are based. The proper functioning of the organization itself depends on how well the text of this document is prepared.
The main requirement for the Charter is to be as simple as possible. It should not include points that are not supported by current legislation. It is logical to copy section 6 of the Housing Code, making changes along the way.
Then there will be no double interpretation of the rules. The following points must be present in the HOA Charter:
- How many members are on the audit committee?
- How many members are on the board?
- The procedure for convening members of the HOA.
- Location of the HOA.
- Name of the HOA.
There are only a few concepts that allow for some discrepancies. For example, you can:
- You can, at your discretion, formulate a procedure according to which joint meetings are held in which HOA members and apartment owners take part.
- Transfer the powers of election to the general meeting of HOA members. Then the Chairman himself will be less dependent on the members of the board. But more will depend on all members of the HOA.
While the HOA Charter is being prepared and executed, it is necessary hold meetings as usual on all matters of importance:
- The fees associated with repairs and maintenance are discussed.
- Conducting in-person and absentee voting.
- Re-election of chairmen and members of the board.
- Use of common property.
- Use of land.
- Carrying out house reconstruction.
Unsettled tax issues require separate accounting. It is advisable to include in the HOA Charter a requirement that the community include approximately the same number of representatives from each entrance.
The HOA Charter is a document mandatory for all members of the HOA. But this does not apply to residential property owners.
About the registration process
Any board member can submit a package of documents to the relevant government agency to register the HOA. The Federal Tax Service is responsible for this procedure. The package of documents consists of:
- A receipt confirming payment of the state duty.
- Applications for registration of a legal entity. Form 11001 is used.
- Minutes of the HOA board. It must be certified by all members of the board with their signatures.
- Charter of the Partnership. In the final version approved at the general meeting. Served in two copies.
- Minutes of the meeting, original or in the form of a notarized copy.
The Federal Tax Service processes requests in seven days maximum.
What other procedures are needed to complete?
The acceptance certificate is the main document according to which the house is transferred to the management of the HOA. A special commission must be present during this process. It usually also includes members of the HOA management and representatives of the municipality. The text of the act is always accompanied by technical documentation relating to a particular building. It must comply with the rules and regulations for the operation of apartment buildings.
When going to another form of management There should be no changes in the rights of apartment owners. When a house is transferred to the management of an HOA, special notices are created. They are sent to the Property Management Committee, as well as to the City Administration Department.
A bank account for an HOA is opened only in the name of a legal entity.
The previous balance holder of the house must be informed of what happened. All necessary data is provided.
Conclusion of contracts
Common property, conditions and rules for its content become the main subjects for such agreements. with owners who have not joined the company.
What is stipulated in the contract?
- Description of the property that is subject to repair and maintenance.
- What kind of repair and maintenance work is carried out? How exactly?
- What liability does the HOA bear in the event of failure to fulfill obligations?
- Information about the owner's responsibilities and other repair and maintenance costs. Procedure, amount, and terms of payment.
The agreement with the HOA is drawn up in two copies. The owner and chairman of the board must put their signatures on it. The board of the partnership must also agree with these actions. The ideal option is when all homeowners join the HOA. But the Legislation does not give the right to enter into a contract by force if someone is against it. All losses fall on the HOA if the owners refuse to pay utilities.
The house can also be transferred to a management organization, which is elected at a general meeting. The decision of the general meeting approves the management agreement for an apartment building in this case. The assignment of the management organization is given by the homeowners or members of the HOA board. One party reports to the other every year on how the conditions described in the agreement are being met.
The management organization can also choose the methods by which a particular house will be serviced. To do this, you can involve either full-time HOA employees or third-party workers.
Is it even worth organizing an HOA? The answer is in the video
The video below reveals not only the organizational aspects of creating an HOA, but also the motivational ones. Is it worth taking on this business, or entrusting the house to a management company?
Managing an apartment building is a very complex process that requires knowledge in various areas of legislation. This is especially true for legislative acts adopted in the field of housing and communal services. The number of accepted documents increases every year and it is very difficult to understand it all. Living in apartment buildings is very different from living in a private house. First of all, this is due to numerous problems and solutions that need to be solved jointly by the majority of owners. In order to maintain the house as efficiently as possible, it is first necessary to resolve the issue of managing an apartment building that will suit all owners. To do this, you need to choose a method for managing an apartment building.
Management of an apartment building by a management organization
Management of an apartment building by a management organization is the most common form of management of residential buildings. This method is convenient for several reasons. Firstly, the management organization can unite any number of houses located in any territorial location. Secondly, the management form of a management company is primarily a commercial organization that is created to make a profit. Therefore, only the director of the organization and in no case the owners can decide what salary the company’s employees will receive. Thirdly, the management organization can enter into management agreements both with the whole house and with the HOA or housing cooperative as a whole, if the owners vote for it. It is also possible to provide services not for managing the house, but only for its maintenance. This method is very convenient for residents who have chosen a direct form of management or where payments are made directly.
Conclusion of a management agreement for an apartment building
In order for a management organization to enter into a management agreement for an apartment building and begin managing it, the owners are required to elect it by a majority vote. At the meeting of owners, tariffs for the maintenance and repair of housing, according to which the organization will work, should also be established, and issues regarding the use of the common property of the house should be resolved. For example, basements for employees of the organization and other organizational issues. After the meeting, the beginning of the management of the house will be the date of concluding a management agreement, which must be concluded with the majority of the owners of the entire house. The management agreement will be the main document in accordance with which work on managing the house will be carried out. My advice is to read this document as carefully as possible. Of course, the management organization is obliged to comply with all norms of housing legislation and there should be no deviations. But as often happens in modern legislation, some concepts can be blurred and therefore they can be clarified in the management agreement as it is beneficial for the management organization.
With all these advantages, management, unlike other forms of management of apartment buildings, is more subject to inspections and supervision in general. An owner who understands where to file a complaint in the event of failure of the management authority to fulfill its duties on a specific issue will always be able to get certain work carried out. The management organization is obliged to carry out all work in accordance with the rules for maintaining the common property of an apartment building, ensure the provision of utilities, adhere to the rules for carrying out activities for managing apartment buildings and comply with other rules and regulations in its work.
Sample management agreement for an apartment building
When a multi-apartment residential building is managed by a management organization, it is responsible to the owners of the premises for the provision of all services and performance of work. She is obliged to ensure proper maintenance of common property in a given house and their quality, which must meet the requirements of technical regulations and rules established by the Government of the Russian Federation for the maintenance of common property in an apartment building, as well as for the provision of utilities depending on the level of improvement of a given house.
In this case, pay attention to the apartment building management agreement. Sign only after making sure that it takes into account all the services necessary for a comfortable stay in your home. You can view and download an example of a management agreement.
The procedure for managing an apartment building
The procedure for managing an apartment building is regulated by the rules for carrying out activities for managing apartment buildings. They have been approved. These rules define standards for the management of multi-apartment residential buildings, which describe the responsibilities of management companies, their powers and standards of interaction with owners. The management procedure stipulates standards for storing technical documentation of the house and transferring it to another management company in the event of re-election, responsibilities for concluding contracts for the provision of utility services, responsibilities for disclosing information about the company’s activities, preparing proposals for establishing tariffs for the maintenance and repair of housing in accordance with the minimum a list of work in a residential building, as well as the work of the emergency dispatch service.
License for management of apartment buildings
One of the main innovations in the field of management of multi-apartment residential buildings was the adoption of a law on licensing management organizations. In accordance with the amendments to the Housing Code of the Russian Federation, only management organizations are required to obtain a license to manage apartment buildings. This was done so that supervisory authorities had the opportunity to eliminate negligent companies from the market for providing housing and communal services without the right to restore their activities, as well as to exclude events when one apartment building is managed by several organizations.
The process of obtaining a license to manage an apartment building does not pose any particular burden for a new company. It is enough to contact the State Housing Inspectorate with a corresponding application, pass an exam to the head of the management organization, and pay the state fee. duty and, in general, the process is over. If the management organization fails to cope with its responsibilities and the supervisory authorities constantly receive requests from citizens from a certain house, then the State Housing Institution can either exclude a specific house from the register of houses that are managed by the MA or revoke the license to manage all houses. These innovations were supposed to help make the market for management organizations more understandable and transparent.
In order to prevent the demolition of your favorite five-story building or resolve other vital issues, you need to organize a meeting of the building’s residents. It is not as difficult as it seems, it is enough to know some rules and comply with the law.
What are these meetings for? What do they influence?
As a technical structure, an apartment building belongs to the community of owners. Each of them owns not only a certain apartment, but also a share in technical premises, staircases, basements, etc. All this is “common property”. Do not forget that for normal functioning such premises must be maintained. According to the Housing Code of the Russian Federation, the general meeting of owners of an apartment building is its management body. It resolves all issues affecting repairs, management, and use of common property. Deputies are now considering the possibility of holding OSS online – using the “Active Citizen” platform. This option would allow all owners to express their opinions, including those who cannot be present in person. But while the initiative is just being studied, meetings are being held as usual.
How is management carried out technically?
At the meeting, residents can choose how to manage their home. According to the law, there are the following options: find a management company through the HOA (residential complex or housing cooperative), and if the house is not very large, the apartment owners themselves can do this. What is important is that at the meeting representatives of the residents - the house council - are elected.
At a general meeting, residents must determine the work necessary to maintain and repair the property of the house. In addition, individual services to improve living conditions can be discussed there: concierges, security, video cameras, etc. Everything that relates to the conduct of a meeting of residents (plus the procedure for organizing the meeting) is regulated by the Housing Code (Articles 44-48), as well as the Civil Code (Chapter 9.1 “Decisions of Meetings”). It is important to know that there are no generally approved forms of documents for meetings; there are only some recommendations that are non-binding. There are also legally established standards for the preparation of meeting minutes (Order of the Ministry of Construction dated 13/25/15 No. 937/pr).
It is important to remember that utility tariffs are not determined by general meetings of residents! They are determined by the authorities of a particular region.
Can such a meeting be refused if the house is managed by a management company or HOA?
No. By law, any issue regulated by the housing code (Article 44) is resolved at a general meeting of owners of an apartment building, regardless of whether it is managed by an HOA.
If the building is managed by a housing cooperative or HOA, there is a separate governing body for these residents' organizations. There are general meetings of HOAs or residential complexes, at which issues related to their activities by their charter (by law) are resolved.
If you can’t attend a meeting, how can you influence the residents’ decisions?
It is a mistake to believe that if it is not possible to attend a general meeting of residents (GMS), then there is no opportunity to influence the decisions that are made there. The legislation (housing code, civil code) provides for the possibility of holding a meeting in absentia.
In this case, the tenant who is absent from the meeting must give answers to the questions discussed by the owners in writing. To do this, he must enter the necessary information about himself in the form proposed by the meeting (for example, a voting form), as well as opinions on all issues on the agenda (here everything is like in elections: “for”, “against” or “abstained”) and convey this form to the voting place. That is, the meeting place chosen by its initiators. This method is convenient, for example, if most of the apartments in the building are for rent and their owners do not live at the address of the building.
Okay, who can initiate the meeting?
The legislation provides that any of the owners of the apartments in the building can organize a meeting of residents. In addition, the initiator of the meeting may be the district authority, as well as the management company (in cases provided for by law).
How to prepare for a meeting?
When preparing for a meeting, the owner of a home in an apartment building needs to select a list of issues for discussion, decide whether it will be an absentee or in-person meeting, select a date and time, select a meeting place, a place for collecting votes (ballots) in absentia, and also choose a place to review the documents being discussed. Well, after that you need to convey the message about the meeting to all apartment owners in the building. They must be notified no later than 10 days in advance - as required by law.
In order to notify the owners, you need to send each of them a registered letter or present an invitation with a signature. Already at the first meeting, owners can be invited to subsequent ones, avoiding the troublesome procedure of sending out invitations. Information about apartment owners necessary for the event can be found in Rosreestr for money (if you want to hold meetings, be prepared for expenses). An alternative route may be to contact the district or council authorities, but the chances of success here, alas, are minimal.
Is it necessary to invite someone other than the apartment owners to the meeting?
All decisions at meetings are made by the apartment owners - only they can vote on all issues. Other residents (for example, those who rent housing in a given building) may be there, but not take part in voting.
It is important to remember that the owner of social rented housing is the state. Accordingly, representatives of the city property department will vote at meetings of residents of municipal apartments.
What other documents are needed for the meeting to be held according to the rules?
According to the law (civil and housing codes), it is necessary that the results of any meeting (in-person, in-person or in absentia) be reflected in writing in the minutes of the meeting. The requirements for the preparation of this paper were established by the Ministry of Construction. This is a mandatory rule!
Ideally, a secretary should take minutes of the residents' meeting. It displays information about those who take part in voting, the presence of a quorum, and the final count of votes. In addition, all issues on the agenda and decisions on them are recorded.
But even at such a meeting there can be falsifications. How to avoid them?
If all owners are present at the meeting in person, you can vote by raising your hands or mark the required ballots, which are placed in ballot boxes before counting (just like in real elections!). If voting is absentee, ballots are sent to a pre-approved location. Only law enforcement agencies can check signatures, but at the meeting of owners it is necessary to organize the registration of participants. To do this, you need to ask all meeting participants to provide documents confirming their identity and ownership of the apartment. These measures already show turnout and indicate the status of those present (whether they are homeowners or not).
However, under existing conditions, there is a certain trick for attackers: during absentee voting, it is not always possible to obtain the necessary data, and the law does not oblige this.
How many residents are needed for a meeting to take place?
In order for there to be a quorum at the meeting of owners, it is necessary to ensure the presence and voting of more than 50% of all apartment owners in the building.
Let us recall that each share in the right to common property is proportional to the area of the apartment owned by the owner. In other words, all owners own 100% of the area, and if the owners of more than 50% of the entire fund take part in the event, then a quorum can be registered.
How do I find a meeting space?
There are no specific requirements for premises in the legislation. You can find and rent an assembly hall at a school, cultural center and other organizations. If all the rooms are occupied, then you can choose any suitable place, for example, a playground in front of the house.
What to remember?
Decisions of a meeting of owners may be declared invalid in court. A statement of claim may be filed, for example, by an owner who did not participate in the meeting or who voted against any decision. This can also be done by the prosecutor’s office, as well as state housing control authorities. To prevent such cases from arising, it is necessary to comply with the law.
Prepared with the help of the head of the housing department of VK Comfort JSC Zarema Ablyamitova.