Refusal from the management company. Making the management company work is real! How to deal with management companies - what needs to be done and where to find control over them? How to refuse a management company

If you live in an apartment complex, then the term “management company” should be familiar to you. Management companies are those organizations that carry out technical and sanitary supervision over the house. All services are provided to residents on the basis of an agreement concluded between the residents of the high-rise building and this organization. The tariffs at which certain services are provided are determined by agreement between residents and the management organization, but they must not be lower than the cost determined by local authorities. If the services do not satisfy the residents, then they can refuse from the management company.

What services do management companies provide?

Before you sign an agreement with a management company, you need to know what exactly you are paying money for and what you have the right to expect from this organization.

List of services provided by the management company

  1. Public utilities.
  2. Maintenance and repair services for an apartment building.

The Housing Code of the Russian Federation contains a list of services that are mandatory for housing and communal services and management companies and those that are provided to residents for a fee.

All premises and adjacent territory, which is not the property of apartment residents, are under the control and maintenance of the management company. Such objects include the area adjacent to the house, elevators, entrances, attics, and staircases.

Responsibilities of the management company, according to the agreement

  1. Maintaining all technical documentation for the maintenance and upkeep of a particular home.
  2. Keeping the house and surrounding area clean.
  3. Maintenance of elevators, water supply systems, heat supply. Ensuring that all equipment is in good working order and suitable for use.
  4. High-quality supply of all utilities.
  5. Repair of technical property that is not owned by apartment residents.

For your information! Also, management company employees can provide additional services to residents, in addition to those specified in the contract, for a fee.

Is it possible to refuse services?

If you are confused by the quality of services that an organization provides you, sooner or later you will be faced with the question of the possibility of refusing to cooperate with this company. You have the right to refuse. In this matter, the state provides residents of high-rise buildings with freedom of choice. You can issue a waiver from the management company. How to do this correctly and what procedure we will describe below.

Step by step procedure

In order to refuse the services of the company that manages the house, the collective consent of all residents is required. It is clear that all residents will not deal with this issue. Women with children and pensioners will want to stay at home for health reasons. Therefore, it is best to create an initiative group that will responsibly and purposefully take on this issue.

The standard scheme is:

  1. A group of several people is created that organizes a gathering of residents, conducts information and explanatory conversations and draws up the necessary documents.
  2. Then a general meeting is held, at which a decision is made to change the management company.
  3. After general discussion, a new company or management method is selected.

Refusal based on expiration of the contract

The easiest way to refuse a management company is to terminate cooperation and not renew the contract. Such contracts are usually concluded for 3 years. But as practice shows in many cases - for 1 year. If the management service does not satisfy the tenants, then after the end of the contract you can simply not renew it. This is the simplest and least troublesome option, since there is no need to collect signatures or document justification for the refusal.

Early refusal

There are cases when residents are dissatisfied with the quality of the services provided, and the contract is still far from expiring. What to do in this case? Residents legally have the right to do this early if there is a compelling reason to do so. Of course, it will be more difficult than in the first case, but it is possible. It is enough to have convincing reasons and documentary evidence.



Grounds for early refusal

Good reasons for terminating a signed contract include:

  • incorrect and negligent maintenance of technical documentation;
  • low quality of services provided;
  • untimely performance or failure to fulfill one's duties;
  • lack of response to the complaints made.

Important! One or more of the above points are sufficient grounds for terminating the contract with the management company. But it is quite possible that you will have to prove your case in court if the conflicting parties do not come to a compromise or the Criminal Code does not admit its guilt.

What facts and evidence are needed?

In order for a court decision to be positive for the residents of an apartment building, the court must be presented with solid evidence of the management company’s dishonest work. This could be repair work carried out in bad faith, inflated costs of services and their poor quality, failure to fulfill their obligations to improve the home, slow and reluctant response in emergency situations, misuse of financial resources, lack of reporting documentation. All complaints and violations must be documented. No one will take residents' oral statements in court seriously.

Download a sample application for cancellation of a contract for the provision of utility services

Required documents

What documentary evidence can be used as evidence? First of all, it should be noted that if the management company systematically violates its duties, all violations must be recorded in writing. You can write a complaint directly to the head of the management company or to the supervising services (potrebnadzor, sanitary inspection station). The following can be presented as evidence in court:

  1. Copies of written petitions and complaints of apartment owners.
  2. Copies of applications to other organizations
  3. Acts regarding violation of contract clauses or negligent performance of duties.
  4. Documents confirming the waste of finances.

Attention! Complaints should come from the majority of residents, not from the owner of one or two apartments.

Notification as a required document

Before filing a lawsuit against the management organization, you must send a notice of termination of cooperation to the head of the company. A notice of early termination of cooperation is drawn up on the basis of a collective decision adopted at a general meeting.



Notification of the Criminal Code is mandatory in accordance with Article 162 of the Housing Code of the Russian Federation and Article 450 of the Civil Code of the Russian Federation.

Procedure for holding a general meeting

The management company must also be notified in writing about the holding of the general meeting and its purpose. The notice should indicate the reason for the meeting - the choice of a new management company. Then the place, date and time of the event, contact and initiative persons, and telephone numbers are indicated. If the building has non-privatized apartments, representatives of the municipality must be invited to the meeting of residents.

Before holding a general meeting, you need to select and approve a group of people who will deal with this issue. Then you need to collect all the necessary documents and weigh whether they are significant enough. An important factor is the unanimity of the residents and their interest in abandoning the management company.

All residents must be notified in writing of the meeting.

Important! The management organization must be notified 3 months before the end of the contract. If notification occurs later, the court may dismiss the claim.

What to do after

A copy of the decision of all residents, along with the notification, is transferred to the manager of the organization. If the Criminal Code does not accept the collective decision of the residents, then they will have to draw up a statement of claim, collect documents and go to court. In the event of a peaceful resolution of the conflict, the management company is obliged to transfer all documents and powers to the organization chosen by the residents.

What to do after a successful refusal

If the issue is resolved positively, then the owner of each apartment must write an individual refusal to cooperate with the management company. The new organization or form of government is chosen by the general meeting. In the absence of a HOA, each apartment signs an agreement with the new management company separately.

Failure of one or more apartments

Unfortunately, this system of interactions does not provide for individual refusal from the management company. If the owners of several apartments are not satisfied with the quality of the services for which they are forced to pay, then this problem must be discussed with other residents and a common solution must be reached.

If the situation is so critical that residents are not ready to wait for the expiration date of the contract, then it is best to consult a lawyer for advice. With the help of this specialist, you can prepare all the documents and carry out all the procedures so that the court decision will be in favor of the residents.

Lawyer Oleg Sukhov advises on whether it is possible to terminate the contract with the management company

Come quickly, we have a problem here, another management company has been appointed! - the neighbor chattered excitedly. I scratched my head, sure, who besides me knows how to get rid of yet another beggar, especially one appointed at the state level? I've arrived. On your own head.


I have a second apartment in which I live only periodically, and in the near future I plan to leave my growing eldest daughter to live there. But since I was at my neighbors in this house, like the last ray of hope, I had to figure it out.

Our house consists of 8 apartments on two floors, the house was built in 1951, so you can understand its technical condition. No, not everything is so sad, the house is quite well-kept, with a beautiful courtyard, with flowers in the entrance and carpet runners. The current maintenance was carried out by our residents, since as experience has shown, it is easier to hire a locksmith from an advertisement and donate with the whole house to do something than to maintain the staff of the management company and the director’s mistress. But the deterioration of the main structures, including heating equipment and risers of the hot water supply system, is terrible and is supported by word of honor and a roll of duct tape, since they have not been repaired or changed since the death of the great leader.

As soon as this whole housing and communal services reform began, I, as a person who had worked in the housing and communal services sector for many years, immediately told my neighbors that there were no management companies, no other beggars or beggars near the house: they would collect money, but they would do nothing.

We chose the management method - direct management and from time to time, without much bother, we took a bite out of the next beggar for our money in the form of a management company.

But time passed and the laws changed. And another slow-thinking official, sitting in his office, was indignant about why our house doesn’t pay taxes for maintenance? Therefore, this time I had to not limit myself to verbal threats to the director of the management company, with the aim of getting him away from the money of our house, but to take it seriously.

On April 3, 2017, our dear city administration, without declaring war and without in any way notifying the residents of our house, held an open competition to select a management company for our house. We learned that we already have a management company from bills for housing and communal services. Thus, our rights were grossly violated, as well as the procedure for conducting open tenders and concluding a management agreement for apartment buildings.

In addition, we found out that the management agreement for our house was concluded with a management company, which officially has only 1 (!) person, this is the director. There are simply no other employees in this management company. Having carried out some research on open sources, I did the following.

1. Filed a complaint with the Federal Tax Service of the Russian Federation that during the registration of the management company in the Unified State Register of Legal Entities, false data was submitted, namely, the address of the location of the executive body - the director - was incorrectly indicated.
This point is very important, it is a common problem when registering legal entities; the system is structured in such a way that you almost always have to lie. But the sanctions for this lie are very serious.

2. Filed a complaint with the Federal Antimonopoly Service about violations during the conclusion of a management agreement between the municipality and the management company. OFAS also wants to eat, and loves to eat well and tasty. Therefore, in my practice there have been cases where small companies had to go bankrupt after a showdown with the Federal Antimonopoly Service.
This point is not very important, but let it be to the heap. If they prove the violations that were committed during the conclusion of the ill-fated agreement (which I doubt), the heads of high-ranking officials in our administration will roll.

3. Filed a complaint with the state housing inspection. Look, it is very important here that the complaint is not sent to the inspectorate of our city, which will punish for a couple of cigarette butts of the janitor, but is considered at the level of the inspection of the subject, so I filed a complaint based on the unreliability of the data provided by the Criminal Code during licensing.
And what’s even better is that if I’m not satisfied with the result of the GZHI inspection, I can always file a complaint with the supervisory authority about the legality and validity of issuing licenses to the GZHI itself in the Kemerovo region, especially since I was able to establish this unreliability of the data in 10 minutes and with the help of Yandex, and then how is the authenticity of the State Property Inspectorate verified when issuing a license?

I understand that this is not easy, most of those reading will not understand what I wrote here, but if you get rid of parasites, then all the responsible persons will have to hiccup for a very long time. Preferably several years in a row.

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Refusal from the management company

The management company abandoned our house and did not collect payment for hot water, now after 1.5 years they have accrued a large debt, is this legal? What to do in this case.

If hot water supply service was provided to you, then you are obliged to pay the existing debt.

Is it possible to refuse the services of a management company, since the residents themselves make repairs and find order?

Dear Alexander, Orenburg! Article 161.1. Housing Code of the Russian Federation Council of an apartment building 1. If a homeowners’ association has not been created in an apartment building or this building is not managed by a housing cooperative or other specialized consumer cooperative and at the same time there are more than four apartments in this building, the owners of the premises in this building on their The general meeting is required to elect the council of an apartment building from among the owners of premises in this building. Registration of the council of an apartment building with local authorities or other bodies is not carried out. 3. The council of an apartment building cannot be elected in relation to several apartment buildings. 4. The number of members of the council of an apartment building is established at a general meeting of owners of premises in the apartment building. Unless otherwise established by a decision of the general meeting of owners of premises in an apartment building, the number of members of the council of an apartment building is established taking into account the number of entrances, floors, and apartments available in the building. 6. From among the members of the council of an apartment building, at a general meeting of owners of premises in an apartment building, the chairman of the council of the apartment building is elected. 7. The chairman of the council of an apartment building manages the current activities of the council of the apartment building and is accountable to the general meeting of owners of premises in the apartment building. 8. The chairman of the council of an apartment building: 1) before the general meeting of owners of premises in an apartment building makes a decision on concluding a management agreement for an apartment building, he has the right to enter into negotiations regarding the terms of the said agreement, and in the case of direct management of an apartment building, the owners of premises in this building have the right to enter into negotiations regarding terms of contracts specified in parts 1 and 2 of Article 164 of this Code; 2) brings to the attention of the general meeting of owners of premises in an apartment building the results of negotiations on the issues specified in paragraph 1 of this part; 3) on the basis of a power of attorney issued by the owners of premises in an apartment building, concludes, under the conditions specified in the decision of the general meeting of owners of premises in this building, a management agreement for an apartment building or agreements specified in parts 1 and 2 of Article 164 of this Code. Under the management agreement for an apartment building, all owners of premises in the apartment building who have granted the chairman of the board of the apartment building powers certified by such powers of attorney acquire rights and become obligated. The owners of premises in an apartment building have the right to demand from the management organization a copy of this agreement, and in the case of direct management of an apartment building, the owners of premises in this building, copies of agreements concluded with persons providing services and (or) performing work on the maintenance and repair of common property in this building , from the specified persons; 4) exercises control over the fulfillment of obligations under concluded contracts for the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building on the basis of a power of attorney issued by the owners of premises in an apartment building, signs acceptance certificates for services provided and (or) work performed on maintenance and routine repairs of common property in an apartment building, acts of violation of quality standards or frequency of provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building, acts of non-provision of utilities or provision of utility services of inadequate quality, as well as sends appeals to local government bodies about the management organization’s failure to fulfill the obligations provided for in Part 2 of Article 162 of this Code; 5) on the basis of a power of attorney issued by the owners of premises in an apartment building, acts in court as a representative of the owners of premises in this building in matters related to the management of this building and the provision of utilities. Good luck to you Vladimir Nikolaevich Ufa 04/18/2019

At the general meeting of owners of premises in the apartment building, abandon the management company and choose your own form of management. Housing complex of the Russian Federation will help you.

How to refuse a management company? The house has been privatized, and I would like to conclude contracts directly with all organizations. What articles can you refer to?

You need to refer to the Housing Code of the Russian Federation.

I am the owner of the apartment. Since 2013, the management company has abandoned our house and no payments have been made for major repairs and no receipts have been received. On April 4, 2019, a receipt arrived from the Capital Repair Fund of the Tambov Region with a debt in the amount of 12,066 rubles. Until this time, not a single receipt had arrived and no one from our house had heard about this Fund. Please tell me whether I am obliged to pay the full amount or can pay according to the statute of limitations. From what period will the statute of limitations be calculated if the first receipt arrived in April for March 2019? What are my further actions in relation to the Fund and my existing debt according to the receipt issued to me?

The general limitation period is 3 years. The fact that the receipt arrived only now is of course bad, but not critical. The debt will still be collected from you, since the obligation to pay for major repairs is directly provided for by the Housing Code of the Russian Federation.

Hello. The debt may be collected from you for the last three years, and not for the entire period, since the statute of limitations is three years. But it is applied only by the court and only at the request of the interested party, Article 199 of the Civil Code of the Russian Federation.

I live in an apartment on the basis of a social tenancy agreement. All residents of our building refused the services of the management company. The application for refusal of services was submitted in 2014. I only pay utilities. Do I need to pay for living space and to whom?

Hello, what is written in the contract?

I want to give up gas in my apartment. How can I properly submit an application to the management company?

Hello. Does Gorgaz have an agreement with you or with the management company?

What management company services can you refuse? For example: refusal to maintain the local area. The Criminal Code says that this is a mandatory service. Thank you.

Hello. In accordance with current legislation, you can refuse only those utilities for which the fact of their non-use can be established, including, for example, meters. This ensures compliance with the rights and legitimate interests of third parties.

Our house is in disrepair, the management company abandoned us. There was a rupture of a public pipe, who to contact. Or we ourselves, on our own, must eliminate the gushing water.

What do you mean refused? Please clarify your question.

1.Can the management company refuse to draw up an act on the flooding of the apartment?
2. Whose fault is it if my heated towel rail installed by the developer bursts? The developer is now bankrupt!

Hello. 1. No, it can’t. 2. Now no one.

Good afternoon. It is the responsibility of the management company to draw up an act. You, as the owner of the apartment, who is responsible for the condition of the equipment after the shut-off device, will pay for the damage caused by the leak to third parties.

1. No it can’t. 2. The fault lies with the developer. However, it will not be possible to recover damages, since, according to the st. 5 of the Federal Law “On Bankruptcy”, only mandatory payments can be recovered, which does not include damage from a burst heated towel rail.

I want to refuse the management company since I own the apartment and the house has 4 apartments, we did not enter into an agreement with him, they take money for services that are not available, can I refuse one apartment.

There is no one apartment, but by the decision of the owners - yes. Another thing is that direct management of such a small house is rarely profitable; someone must be involved in all the economic activities of the house. Contracts, garbage, energy, major and current repairs, landscaping, etc. All this requires money and time. Consider using regulatory authorities to encourage the management company to do a better job; in your case, this is a more realistic way to solve the problem.

Is it possible for an individual owner to refuse a certain service from the management company? By decision of the general meeting, the services of a passport specialist were added to utility bills, who receives services once a week and it is impossible to get an appointment with her.

clause 5 art. 46 of the Housing Code of the Russian Federation The decision of the general meeting of owners of premises in an apartment building, adopted in the manner established by this Code, on issues within the competence of such a meeting, is mandatory for all owners of premises in an apartment building, including those owners who did not participate in the voting . Thus, one owner cannot refuse the service accepted at the general meeting of owners. In this case, you can appeal the minutes of the general meeting where the decision was made, if it does not comply with the law or the meeting was held in violation.

Our house management company suggests abandoning it and switching to paying for services directly with resource supply companies, is it worth doing this or not? and who will pay the debts of defaulters if the owners abandon the management company?

This should be decided by a general meeting of residents, in each specific case it is all individual.

Is it possible for owners of apartment buildings to refuse the services of the Management Company (from the apartment management agreement) under Part 8.2 of Art. 162 of the Housing Code of the Russian Federation unilaterally before the expiration of 1 year from an open competition? And can MKDs be excluded from the register before the expiration of 1 year from an open competition if the owners of MKDs unilaterally refuse the services of the management company due to the systematic failure to provide the services of the management company?
Thank you.

Of course, the owners of an apartment building can terminate the contract and change the management method at any time by decision of the general meeting, since this is not prohibited by law.

Does the LLC management company have the right to refuse mediation with the water supply and sewerage service?

It depends what you mean. If this means the obligation of home consumers, with whom a management agreement has been signed, to enter into an agreement for this type of utility services - then no, of course.

Do I have the right to refuse the management company and pay on my own?

Your refusal to pay for utilities is not legal; you cannot refuse to pay for the services you use because, in your opinion, the management company has not fulfilled its obligations. If you do not agree with the refusal, file a complaint with the housing inspector.

What documents are needed to renounce the management company (management company) we (the residents) did not choose it, at the time of registration of the house the Developer found it. Residents moved into the new building wanting to create an HOA.

Hello. To resolve this issue in accordance with the norms of the Housing Code of the Russian Federation, you need to hold a meeting of owners of residential premises in an apartment building. It is necessary to put to a vote questions about refusing to manage the apartment building of your management company, choosing a method of managing the apartment building and creating your own HOA. The decisions should be formalized in a protocol. (the procedure for holding meetings is established by Article 45 of the Housing Code)

Can 2 entrances of a 10-entrance building refuse the services of a management company and independently enter into agreements with organizations, including emergency services.

To do this, you need to make a decision on the procedure for managing an apartment building at a general meeting and organize an HOA. You simply cannot enter into contracts directly if there is a management company.

Grounds for refusing the services of a management company.

Hello. Owners of premises in an apartment building, on the basis of a decision of the general meeting of owners of premises in an apartment building, unilaterally have the right to refuse to fulfill the management agreement for an apartment building if the management organization does not comply with the terms of such agreement. To do this, organize a meeting of the owners of residential premises and put to a vote the issue of terminating the contract with the management company.

How to refuse the Management Company legally? I practically never use her services.

One owner of an apartment building without the participation of other owners cannot refuse the services of a management company, but can initiate a general meeting of owners of apartment buildings and put to a vote the issue of terminating the management agreement with the current management company and choosing a new management company. It is impossible not to use the services of the management company, because... The management company provides services and performs work on the maintenance and ongoing repairs of common property (of which only the risers in the apartments) - the entrances are washed, the adjacent area is swept, the pipes in the basement are repaired, the ODPU is checked, readings are taken and transferred to the RSO, etc. The house cannot be left without a management organization if the house has up to 30 apartments (direct management of the house by the owners can be chosen here). Article 44-46,161 of the RF Housing Code, RF PP dated 04/03/2013 N 290 (as amended on 02/27/2017) “On the minimum list of services and work necessary to ensure proper maintenance of common property in an apartment building, and the procedure for their provision and implementation ".

Is it possible to refuse the monthly payment for current repairs, since the management company has never done it. The apartment has been privatized in the old building.

No, you CANNOT refuse to pay for current repairs of the common property of an apartment building. You have the right to contact the State Housing Inspectorate with a complaint against your MA in connection with its failure to fulfill its duties.

In the village, the management company is from the developer, the residents have created a DTSN, can they refuse the services of the management company and on what grounds?

Residents of the village, through a general meeting of property owners, have the right to refuse the proposed management company by holding a general meeting of owners and choosing a new management company.

Is it possible to refuse the management company of an apartment building?

Of course you can. According to Article 161 of the Housing Code of the Russian Federation, Part 3. The method of managing an apartment building is chosen at a general meeting of owners of premises in the apartment building and can be chosen and changed at any time based on its decision. The decision of the general meeting on the choice of management method is mandatory for all owners of premises in an apartment building. According to Article 162 part 8.1. Housing Code of the Russian Federation Owners of premises in an apartment building unilaterally have the right to refuse to execute an agreement for the management of an apartment building, concluded as a result of an open competition provided for in parts 4 and 13 of Article 161 of this Code, after each subsequent year from the date of conclusion of the said agreement if before After the expiration of such an agreement, the general meeting of owners of premises in an apartment building made a decision to choose or change the method of managing this building. 8.2. Owners of premises in an apartment building, on the basis of a decision of the general meeting of owners of premises in an apartment building, unilaterally have the right to refuse to fulfill the management agreement for an apartment building if the management organization does not comply with the terms of such agreement, and decide to select another management organization or change the method of managing this home.

How to leave a management company and move to another.

According to Art. 161 of the Housing Code of the Russian Federation, owners of premises in an apartment building are required to choose one of the methods of managing an apartment building. The method of managing an apartment building is chosen at a general meeting of owners of premises in the apartment building and can be chosen and changed at any time based on its decision. The decision of the general meeting on the choice of management method is mandatory for all owners of premises in an apartment building. Thus, a general meeting of owners must be held, and the decision of this meeting must be recorded in writing. The agenda must include questions about the refusal of Criminal Code No. 1, and the choice of Criminal Code No. 2. Based on this decision, you terminate the management agreement with the first management company and enter into a management agreement with the second management company.

Are we required to pay for cap. repairs, if all management companies refused our house! The house is an architectural monument and there are only five apartments in it?

Obligation to pay capital contributions. repair of common property in apartment buildings is established by Article 169 of the Housing Code of the Russian Federation. Obviously, invoices for the payment of such contributions are issued to you by the Capital Repair Fund of your region. It is into THIS fund that you pay the cap fee. repair.

Can I refuse the management company? The house is maintained by a management company that does not fulfill its obligations.

Good afternoon. You yourself cannot refuse. The management company is elected at the general meeting of owners of the apartment building. However, if your management company does not fulfill any obligations, you have the right to demand a recalculation from it for services not provided. Accordingly, write a claim and say that you will not pay for the services of the management company.

☼ Hello, you personally do not decide anything; in order to change the management company, you need to call a meeting of the owners of the apartment building. I wish you good luck and all the best!

Anastasia, if the management organization does not properly comply with its obligations, then the owners of residential premises at the general meeting have the right to decide to change the management organization or change the method of managing the apartment building at the general meeting.

Good afternoon The decision to transfer to a new management company or to create a HOA is made at a general meeting of owners of an apartment building. but by majority vote. Thus, you need to initiate a meeting of the owners of the apartment building with an agenda on the transition to a new management organization. Good luck to you!

Anastasia, good afternoon! The decision to change the management company is made by a meeting of owners by voting. You cannot change the Criminal Code on your own. Best wishes to you!

Anastasia. Good afternoon. You cannot refuse the services of the management company on your own. But you have the right to go to court about non-fulfillment of the terms of the contract and reimbursement of costs. . You can always find a way out of any situation. Good luck to you and all the best in your endeavors.

The management company refused to certify my power of attorney from a lawyer. Can I certify the power of attorney from a notary?

Hello. That's right: it is always necessary to certify a power of attorney with a notary. And you shouldn’t look for various workarounds.

Hello! The lawyer in the management company does not have the authority to certify powers of attorney. You should contact a notary. Good luck and all the best.

Good afternoon Yes, you need to have the power of attorney certified by a notary, or rather, the notary will give you a new power of attorney on his own letterhead, as expected.

You need to contact a notary. This will not be a certification of the power of attorney, but its drafting, that is, the power of attorney must be notarized - drawn up on a special form and entered into the register of powers of attorney.

Can residents of a 24-apartment new building refuse the services of management companies?

☼ Hello, You can refuse, but in this case you will have to create a homeowners association and enter into contracts directly with whom. services I wish you good luck and all the best!

Hello, this is possible. We need a decision from the owners. Housing Code of the Russian Federation, Article 162. Agreement for the management of an apartment building 1. An agreement for the management of an apartment building is concluded with a management organization that has been granted a license to carry out activities for the management of apartment buildings in accordance with the requirements of this Code, in writing or in electronic form using a system by drawing up one document signed by the parties. When choosing a management organization by a general meeting of owners of premises in an apartment building, a management agreement is concluded with each owner of premises in such a building on the terms specified in the decision of this general meeting. In this case, the owners of premises in this building, having more than fifty percent of the votes of the total number of votes of the owners of premises in this building, act as one party to the concluded agreement. (as amended by Federal Laws dated 06/04/2011 N 123-FZ, dated 07/21/2014 N 263-FZ, dated 07/21/2014 N 255-FZ) (see text in the previous edition)

If a management agreement with a management company was concluded based on the results of an open competition, then the owners can unilaterally refuse to fulfill this agreement after each subsequent year from the date of its conclusion. However, the decision on unilateral refusal of the management agreement, as well as the decision on choosing the method of managing the house, in this case, must be made by the owners before the expiration of the management agreement (Part 8.1. Article 162 of the Housing Code of the Russian Federation).

Refusal from the management company chosen by the owners

That is, for example, the owners decided to unilaterally refuse the contract with the management company, because they decided to create an HOA, to which management of the house would be transferred, or a decision was made on direct management. In this case, to refuse the services of the management company, there is no need to look for shortcomings in the services it provides; it is enough to decide to refuse the contract and choose a different method of managing the house.

See also publications:

  • Cancellation of the contract with the management company. Judicial and arbitration practice
  • Change of management company – cancellation of the management agreement. Arbitrage practice
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