Types of management companies. Managing Organization: Pros and Cons

Many of us have a hearing such a concept as a "management company" or "Managing Organization". What is it? What are the legal, financial and economic aspects of its activities?

Let's start with the principle that is known and understood by everyone. The management of an apartment building should provide favorable and safe living conditions of citizens, the proper maintenance of common property in an apartment building, solving issues of using the specified property, as well as the provision of utilities to citizens living in such a house.

It remains only to find out how it can be achieved to implement and obtain a positive result in reality. First of all, for this you need to determine who and how to manage the house in which the premises belonging to you on the right.

Since the entry into force of the new LCD of the Russian Federation on the owners of the premises in an apartment building is entrusted with the obligation to choose the method of managing an apartment house. At the same time, the apartment building can only be controlled by one managing organization.

In accordance with Article 161 of the LCD RF, it is these persons who are obliged to choose as a method of control by one of the proposed options.

1. Direct management of the owners of the premises in an apartment building. In this case, the owners of the premises themselves conclude contracts for utility and housing services with suppliers of these services, and also independently pay these services in accordance with the concluded agreements.
2. Housing Ownership Partnership Or a housing cooperative or other specialized consumer cooperative. At the same time, a corresponding legal entity must be registered on behalf of all owners of housing, and legal relations with suppliers of necessary services are based on contracts between the newly created legal entities and service providers. At the same time, payment for rendered and delivered services will be carried out by the owners of the premises in the address of the current legal entity (HOA or cooperative).
3. Managing Management Organization. In the event that this method of management will be elected owners of the premises, you need to pay attention to a number of specific factors. This work is dedicated to considering such moments.

Legal status of the management company, its powers, the order of operation and responsibility

So, to begin with, we will define that the management company, like any other commercial organization, is a legal entity created in order to profit. And this provision should not cause uninitiated negative emotions for the following reasons.

The management of the management company is an embodiment of entrepreneurial activities. In turn, entrepreneurial activity is an independent activity carried out on its risk aimed at systematic receipt of profits from the use of property, selling goods, performing works or services to persons ( art. 2 Civil Code of the Russian Federation).

Important is the fact that in accordance with Decree of the Government of the Russian Federation of February 6, 2006 N 75 As a management company, both legal entities and an individual entrepreneur can act as legal entities.

Thus, the management company or organization is a legal entity regardless of the organizational and legal form or an individual entrepreneur who manage the apartment building.

The functions of the management company are as follows: it should on time and on the conditions specified in the Management Treaty, ensure the maintenance and repair of residential buildings in accordance with the requirements for residential buildings established by technical regulations.

The owners of the premises in accordance with the terms of the management contract are entitled:

• receive from responsible persons no later than five working days from the date of appeal information on lists, volumes, quality and frequency of services rendered and (or) work performed. In the contract, the specified period may be reduced;
• check the volume, quality and frequency of services and work (including by conducting relevant expertise);
• require from responsible persons to eliminate the identified defects and check the completeness and timeliness of their elimination.

At the same time, managing organizations respond to the owners of the premises for violation of their obligations and are responsible for the proper maintenance of common property in accordance with the legislation of the Russian Federation and the contract. Unless otherwise established by an apartment building management contract, this legal entity annually during the first quarter of the current year represents the owners of the premises in an apartment building. A report on the implementation of the management contract for the previous year.

Also, the management company is responsible for the damage caused to the apartment building, the owners of its residential premises and third parties affected by the improper operation of the housing facility, as well as as a result of the actions or inaction of the management company, in the amount of damage caused.

In addition, the management company must be borne in mind that the management method of the apartment building is chosen at the general meeting of the owners of the premises in an apartment building and can be changed at any time on the basis of a meeting decision. In the event that the services provided and the work performed do not comply with the requirements of the owners of the premises, they can use the right and change the management method. But at the same time, it is necessary to take into account that the termination of the management contract should be carried out in accordance with the norms of civil law. The decision of the General Assembly on the choice of a method of management is mandatory for all owners of premises in an apartment building.

Contractual relations of the management company, the amount of fees for the maintenance and repair of common property

The relationship between the management company with the owners of the premises in an apartment building is built on the basis of the contract of management of the apartment building.

That is, the powers of the management company on the presentation of the interests of these persons are contained in this contract. Since the contract is concluded if an agreement has been reached between the Parties for all the essential conditions of the contract ( art. 432 of the Civil Code of the Russian Federation).

The exception is the management agreement concluded in the contest basis. He will be told below.

When choosing a managing organization, the general meeting of the owners of the premises in an apartment building the control will consist in writing:

• either by drawing up one document signed by all parties ( according to the explanations that the Ministry of Regional Development gives, such a contract is finished by the first signature of one of the owners under it),
• or each owner of the premises in such a house is a management agreement on the conditions specified in the decision of this General Meeting.

Under the management agreement, an apartment building, one party (managing organization) on the task of another party (owners of the premises in an apartment building, bodies of the Association of Housing owners, or bodies of the housing cooperative, or authorities of a different specialized consumer cooperative) during the agreed period for the fee undertakes:

• provide services and perform work on the proper maintenance and repair of common property in such a house;
• provide utilities to the owners of the premises;
• exercise other aimed at achieving the management goals of an apartment building, activities.

Thus, the management company represented by his representative may conclude a contract as directly with each owner of the premises in the house at the same time, and with the authorities of the Office of Housing Owners or with the Office of Housing Cooperative Organs or other specialized consumer cooperative.

Specific requirements are subject to this contract.

The contract must contain :

• the composition of the general property of an apartment building in respect of which the management will be carried out, and the address, it is necessary to pay attention to the fact that the management company should not take this object on the balance, as it is in equity ownership;
• a list of services and works on the maintenance and repair of common property in an apartment building, the procedure for changing such a list, as well as a list of utilities that the management organization provides;
• the procedure for determining the price of the contract, the size of the fee for the maintenance and repair of residential premises and the amount of payment fees for utilities, as well as the procedure for making such a fee;
• the procedure for monitoring the implementation of the management organization of its obligations under the management contract.

It is necessary to pay attention that a significant condition, on the content of which it is necessary to stop in more detail, is, in particular, the list of those services and works that will be provided and implemented by the management company or third parties in accordance with the agreements concluded by the management company for the maintenance and repair of common property in an apartment building; The procedure for changing such a list; The procedure for determining the price of the contract, the size of the fee for the maintenance and repair of the residential premises, as well as the procedure for making such a fee.

The contract of management of the apartment building is for a period of at least one year and no more than five years. The deadline for the execution of the obligations of the Management Organization (unless otherwise established by agreement of the parties under its conclusion) - no later than 30 days from the date of its signing. In addition, by entering into a contract of management of an apartment building with a managing organization in accordance with h. 5 Article 161 and Article 182 LCD RF Proper maintenance of the common property is provided by the owners of the premises.

After all, one of the responsibilities of the owners of the premises in the house is the responsibility of the content of the common property of the house, as the owners of the premises are obliged to carry the burden of costs for the mainstream content in proportion to its shares in the right of a common ownership of this property. Such a duty should be reflected in the House Management Treaty.

In the case of managing an apartment building, it is implemented by making the fees to the maintenance and repair of residential premises in an apartment building.

In determining the size of the board for the maintenance and repair of the residential premises of the owners of the premises, which chose the management organization to manage an apartment building, the decision of the general meeting of the owners of the premises in such a house is taken for a period of at least one year, taking into account the proposals of the management organization. The specified board size is set to the same for all owners of the premises.

The proposals of the managing organization about the list, volume and quality of services and work should take into account the composition, design features, the degree of physical wear and technical condition of the common property, as well as the geodesic and natural-climatic conditions for the location of the apartment building.

In accordance with p.34 Resolutions of the Government of the Russian Federation of August 13, 2006 N 491if the owners of the premises did not decide on the method of managing an apartment building, the amount of fees for the maintenance and repair of residential premises made by the owners of the premises is established by the local governance authority (in the subjects of the Russian Federation - the cities of the federal significance Moscow and St. Petersburg - the state authorities of the relevant Subject of the Russian Federation) according to the results An open contest conducted in the prescribed manner equal to the price of the contract of management of an apartment building. The price of a contract contract of an apartment building is established equal to the size of the fee for the maintenance and repair of the residential premises specified in the competitive documentation.

When managing an apartment building, the employers are employers located in state or municipal property, in accordance with Part 4 of Article 155 LCD RF The costs of maintaining and repairing common property, taking into account the payment of the maintenance and repair of residential premises by employers with residential premises of the state or municipal housing stock. If the size of such residential buildings by employers is less than the board size set in the management contract, the remaining part of the board is made by the signage of these residential premises in the manner of the manner.

To some types of contracts concluded, for example, on the management of an apartment building, where all the premises are owned by the Russian Federation, the subject of the Russian Federation or the municipality, specific requirements are imposed. The procedure for the management of them is established according to the Government of the Russian Federation, the state authority of the subject of the Russian Federation and the local government body. In this case, the management of an apartment building is carried out by concluding an agreement to manage this house with a management organization chosen by the results of an open competition or, if such a competition in accordance with the legislation is recognized as invalid, without such a competition.

Contract Control Service Management Company can be changed and terminated in the manner determined by the civil law of the Russian Federation.

The basis of the change and termination of the contract of management of the apartment building is provided art. 450 Civil Code of the Russian Federation. These actions are possible under the Agreement of the Parties, unless otherwise provided by the Civil Code of the Russian Federation, other laws or contracts. At the request of one of the parties, the contract may be changed or terminated by the court decision only:

• with a significant violation of the contract with the other party;
• in other cases provided for in the Civil Code of the Russian Federation, other laws or contract.

In the case of one-sided refusal to execute the Treaty, in whole or in part, when such a refusal is allowed by law or agreement of the Parties, the contract is considered to be dissolved or modified. As the right to refuse to enforce the management agreement, you can take the right to owners of premises to change the method of managing the apartment building at any time by making an appropriate decision at the general meeting of the owners of premises in an apartment building.

The management organization 30 days before the termination of the contract of management of the apartment building is obliged to convey technical documentation for apartment building and other documents related to the management of the newly selected managing organization, the partnership of the owners of housing or a housing cooperative or other specialized consumer cooperative or, in the event of direct management of the household owners premises in it, one of these owners specified in the decision of the General Assembly Such owners about choosing a way to manage this house, or, if such a owner is not specified, any owner of the premises in this house.

But in the event that the period for which the management agreement was concluded, expired, but there is no statement by one of the parties to terminate the contract of management of the apartment building, then at the end of the term, such a contract is considered extended for the same period and under the same conditions Provided by such a contract.

The relationship between the management company and the owners of the premises in the house, the procedure for entering into a management contract, other related issues characterize the activities of the management company only on the one hand. On the other hand, there are a relationship between this organization directly with the providers of those services and works that will be performed on the facility. Contracts with heat supply organizations, water supply and other necessary to ensure the livelihoods of an apartment building are concluded by the management organization on the basis of the powers that are contained in the management contract.

Pros and cons concluding a contract of management of an apartment building

We suggest to consider than fundamentally distinguished by the provided LCD of the Russian Federation forms of management of an apartment building and which consequences may be if the management company was chosen by the owners of the premises.

Housing Association, a type of cooperative, the management company are, as mentioned earlier, legal entities. That is, they are entitled to enter into contracts for the provision of utilities, open settlement accounts, produce hired of certain employees. In the case, if the owners of the premises were elected direct method of management, the associated issues arise, namely, how to hire the necessary specialists (for example, an accountant, manager). By and large, these functions become a voluntary forced responsibility of those persons who have the necessary skills. But it is very difficult for them to impose responsibility for their violations. It is also not clear whether their labor will be officially made, taxes are accrued and perhaps.

On December 30, 2004, the law "On the basics of regulation of tariffs for organizations of the communal complex", which entered into force on January 1, 2006. According to this law in the housing sector, consumers of goods and services of these organizations in the field of electro-, heat, water supply, drainage, disposal (disposal) of solid household waste are, in particular, in apartment buildings - Housing Association, Housing Cooperatives, Housing and Construction Cooperatives and Other Specialized consumer cooperatives, as well as managing organizations. It is they who acquire the above goods and services to provide utilities to persons living in each concrete apartment building, or directly owners of premises in an apartment building. That is, if you are the owner of the residential premises in an apartment building, where by decision of the majority of owners, to which you do not belong to, management carries out a partnership, a cooperative or management company, you cannot conclude contracts directly, bypassing them. Communal service contracts will be in this case directly with the specified legal entities, and they can already conclude them with the owners of apartments.

Thus, the management company, along with a partnership or cooperative, has several advantages over direct control. The management company as a legal entity carries out its activities in accordance with the Treaty, builds its relationship with service providers and work, not addressing every time the majority of the owners of the premises.

The main advantage of the management company before otherwise managed is the following. By definition, the management company should specialize in providing specific types of services. That is, the fulfillment of its responsibilities should be carried out at the appropriate professional level.

But this method of management has a number of minuses. The main one is that there are currently no reliable management companies in a sufficient number of reliable management companies, there is no practice of their activities, the circle of professionals in this industry has not formed. And therefore, there is a possibility of fraud at the present stage. In addition, after the management agreement was concluded, the possibilities for the decision-making of decisions were simply not.

The procedure for realizing the rights of local governments to choose from the management company of an apartment building

Once again, we pay attention to the owners of the premises in an apartment building that the LCD of the Russian Federation obliges them voluntarily on time to decide on the way to manage the house.

Let's say the emergence of the next situation. There is time, and the owners of the premises in an apartment building do not take any action on choosing a way to control this house. As it becomes clear from practice, it is rather a rule than an exception.

Meanwhile, slowly expires the period given by the legislator for voluntary resolution of this issue. We draw the attention of the owners of the premises to the fact that initially the entry into force of the LCD to force (March 1, 2005) was the annual period, before the expiration of which the owners of the premises should hold a meeting and choose the form of control of the apartment building (that is, until March 1, 2006 G.) And if such a meeting was not conducted or an appropriate decision on it was not accepted, the right to choose a management company acquires the body of local self-government. In this case, he has the right to hold a contest between the management companies.

But the Federal Law of December 26, 2005, N 184-FZ amended was made, and this period was extended until January 1, 2007. In addition, on February 6, 2006, the Government of the Russian Federation in the development of provisions article.161 LCD RF. Approved the rules for the local government authority of an open competition for the selection of a management organization for managing an apartment building.

The Federal Law of December 29, 2006 No. 251-FZ "On Amendments to the Housing Code of the Russian Federation and Article 18 of the Federal Law" On the Enlarging of the Housing Code of the Russian Federation "once again extended the term of open competitions by local governments of open competitions. Now the border date was announced on January 1, 2008. This means that since January 2008, local governments can conduct open competitions for the choice of management organizations by completing them until May 1, 2008.

The local government body in accordance with Article 161 of the LCD of the Russian Federation in the manner prescribed by the Government of the Russian Federation should hold an open competition for the selection of a management organization, if during the year to the day of the specified competition, the owners of the premises in an apartment building not chosen a management method or if the decision on the choice The method of managing this house was not implemented.

Thus, if in your home does not schedule the specified selection, as well as if:

The owners of the premises in an apartment building did not selected the method of managing this house, including in the following cases:

• the general meeting on the choice of a method for managing an apartment building was not carried out or a decision on the choice of a method for managing an apartment house was not accepted;
• after two months after the entry into force of the decision of the court on the recognition of the failed general meeting of the owners of the premises in an apartment building on the choice of a method for managing an apartment house, a repeated general meeting was not conducted or a decision on the choice of a method for managing a multi-apartment house was not accepted;

Accepted by the owners of premises in an apartment building The decision on the choice of a home management method is not implemented, including in the following cases:

• most of the owners of the premises in an apartment building did not conclude agreements provided for in Article 164 of the LCD of the Russian Federation;
• the owners of the premises in an apartment building were not sent to the authorized federal executive authority documents necessary for the state registration of partnership owners of housing or a housing cooperative or other specialized consumer cooperative;
• the contracts of management of an apartment building provided for in Article 162 of the LCD of the Russian Federation are not concluded;

then you, as the owner of the room in an apartment building, you need to know the following.

The competition is a bidding form, the winner of which the participant is recognized, which proposed for the indicated amount of fees for the content and repair of residential premises for one year to fulfill the greatest amount of work and services for the maintenance and repair of the common property of the owners of the premises in an apartment building, for the right to control which Competition is held.

That is, when declaring the competition, his organizer suggests applicants a limited amount of funding in which it is necessary to "put" the maximum large amount of work offered by the applicant and services (starting with the cleaning of the land plot, preparation of the house for seasonal operation and ending with cleaning and wet cleaning of garbage cameras and dust wiping From the caps of the lamps, window sills in general premises). The full list of works are stipulated in the list of mandatory work and services for the maintenance and repair of the common property of the owners of the premises in an apartment building, which is the object of the competition.

As a retreat, I note that, maybe it makes sense to take advantage of this document when concluding a contract of management of an apartment building with a management company in determining the volume of work to be fulfilled also in the event that this contract is not concluded in the contest order.

It is also important that although the competition is open on the composition of the participants and in the form of submission of applications, but a specialized organization cannot be a member of the competition. This norm does not infringe upon the rights of these legal entities. Just if this restriction is removed, then these organizations will be monopolists in the field of management of apartment buildings due to the fact that they can independently set prices for services provided by them, and thereby holding a competition, and the contest itself as a bidding itself lose your meaning.

So, if the owners of the premises in the house did not fulfill the previously mentioned actions, then be prepared for the fact that on the time being, you will be aware of the relevant contest. But even in this case, these persons have the opportunity to decide on their own.

Since in the notice of the competition, it is indicated (along with the basis of the competition, name, location, the postal address of the competition organizer) also the characteristics of the competition facility (including the address of the apartment building), and the name of mandatory work and services for the maintenance and repair of the Competition facility, a multi-family house performed or provided under the management contract, and the size of the board for the maintenance or repair of residential premises, calculated by the Organizer Competition, and, most important, place, date and time of the competition, then the owners of the premises have the opportunity even in this case to realize their right to choose a way to manage the house.

In this case, if, before the day of the competition, the owners of the premises in an apartment building chose a method of managing an apartment building or implemented a decision on choosing a way to manage this house, the competition is not carried out. If the specified actions did not follow, then when declaring the results of the competition, the opinion of the owners of the premises will not be taken into account.

In accordance with the Decree of the Government of the Russian Federation, the winner of the competition must fulfill the following actions:

• for ten working days from the date of approval The Competition Protocol submit to the Organizer of the Competition signed by him the draft contract of management of the apartment building, as well as ensuring the fulfillment of obligations;
• within 20 days from the date of approval Competition Protocol Directly signed projects of management contracts of the apartment building owners of premises in an apartment building for signing these contracts in the manner prescribed by art.445 of the Civil Code of the Russian Federation.

This provision corresponds to the current LCD RF. In accordance with p.5 of Article 161 LCD RF Local self-government bodies within ten days from the date of the open competition notify all owners of premises in an apartment building on the results of the specified competition and the conditions of the management contract. The owners of the premises in an apartment building are obliged to conclude an agreement to manage this house with the management organization chosen by the results of an open competition, in the manner prescribed art.445 of the Civil Code of the Russian Federation.

In accordance with the specified norm of the Civil Code of the Russian Federation, if the party for which the conclusion of the contract is obligatory, evades its conclusion, the other party has the right to apply to the court with the requirement to conclude a contract. The side, unreasonably evading the conclusion of the contract, should reimburse the other party caused by these losses.

But with the conclusion of the management contract in the order of the relationship between the local government and the owner of the premises in this house are not completed.

The local government body is no later than a year after the conclusion of the specified contract of administration of the apartment building should convene a meeting of the owners of the premises in this house to address the issue of choosing a management method. That is, the organization that won the competition for managing the house, can freely manage and operate.

What is the "Managing Company"? It is necessary to start with the principle that is known and understand everything. Managing an apartment building (MKD) must ensure favorable and safe living conditions of citizens, the proper maintenance of common property in the ICD, the solution of issues of the specified property, as well as the provision of utilities to citizens living in the house. How can it be achieved to implement it and obtain a positive result in real time. The priority of owners is the definition, who and how will manage the house in which the property belongs to you on the right of ownership. And this duty is entrusted to the owners of the premises according to the LCD of the Russian Federation. At the same time, the MKD can only be controlled by one managing organization. Article 161 of the LCD RF precipitated persons are obliged to choose as a method of control by one of the proposed options: 1. Direct management of the owners of the premises in the MCD. In this case, the owners of the premises themselves conclude contracts for utility and housing services with suppliers of these services, and also independently pay these services in accordance with the concluded agreements. 2. Management of housing owners (HOA) or housing cooperative (LCD) or other specialized consumer cooperative (hsk). At the same time, a corresponding legal entity must be registered on behalf of all owners of housing, and legal relations with suppliers of the necessary services are based on contracts between the educated legal entity and service providers. At the same time, payment for rendered and delivered services will be carried out by the owners of the premises in the address of the current legal entity (HOA; ZhSK). 3. Management management organization. If this method of management will be elected owners of the premises, it is necessary to pay attention to a number of features with whom we offer to familiarize yourself: 1. The legal status of the management organization (company) of its powers and responsibility The management company, like any other commercial organization, is a legal entity created in order to profit. This situation should not cause negative emotions from uninitiated people as: The management company is an option of entrepreneurial activity. And what is entrepreneurial activity is an independent, carried out at its own risk activities aimed at systematic receipt of profits from the use of property, sales of goods, work and provision of services to persons (Art. 2 Civil Code of the Russian Federation). Thus, the management company (organization) is a legal entity regardless of the organizational and legal form that the management of the MCD is carried out. The functions of the management company are as follows: it should, and on the terms of the management agreements, ensure the content and repair of residential buildings in accordance with the requirements for residential buildings established by technical regulations. At the same time, management companies respond to the owners of premises for violation of their obligations and are responsible for the improper content of common property in accordance with the legislation of the Russian Federation and the management contract. Also, the management company is responsible for the damage caused to the ICD, the owners of its residential premises and third parties affected by improper operation, as well as as a result of the actions or inaction of the management company, in the amount of damage caused. Since the MDC management method is chosen at the general meeting of the MKD owners, it can also be changed at any time on the basis of a meeting decision. But at the same time, it is necessary to take into account that the termination of the management contract should be carried out in accordance with the norms of civil law. 2. Contractual attitudes of the management company and the amount of fees for the content of the common property of the management company with the owners of premises in the MKD are based on the management contract, that is, the authority of the management company on the presentation of the interests of these persons is contained in this contract. The contract is concluded if an agreement has been made between the parties for all the essential conditions of the contract (Article 432 of the Civil Code of the Russian Federation). The exception is only constitute a management agreement concluded in the order of the competition. Under the Department of MKD, one party (management company) on the task of the other Party (owners of the MKD premises, bodies of the Association of Housing owners (HOA), or a housing cooperative authorities (LCD), or other specialized consumer cooperative (hsk)) during the agreed term The fee undertakes: - provide services and perform work on the proper content and repair of common property in such a house; - provide utilities to the owners of the premises; - carry out other activities aimed at achieving the management goals of the MKD. Thus, the management company represented by his representative may enter into an agreement both directly with each owner of the premises in the house and with the management bodies of the HOA / HSC. Specific requirements are presented to the Office: 1. The contract must contain: - the composition of the general property of the MKD, address, but at the same time it is necessary to pay attention to that the management company should not take this object on the balance sheet, as it is in equity ownership; - a list of services and works on the maintenance and repair of common property in the MKD, the procedure for changing such a list, as well as a list of utilities that the management company provides; - procedure for determining the price of the contract, the size of the fee for the maintenance and repair of common areas, as well as the procedure for making such a fee; - The procedure for monitoring the implementation of the management company of its obligations under the management agreement. The MKD management agreement is for a period of at least one year and not more than five years. The deadline for the execution of the obligations of the management company no later than 30 days from the date of its signing. One of the duties of the owners of the premises in the house is the duty of the content of the general property of the house, since the owners of the premises are obliged to carry the burden of costs for the mainstream content in proportion to shares in the right of common ownership of this property and such a duty should be reflected in the management contract. When determining the size of the fee for the maintenance and repair of common areas, the decision is made taking into account the proposals of the management company for a period of at least one year and the specified amount of the board is set as the same for all owners of the premises. The proposals of the managing organization on the list, volume and quality of services and work should take into account the composition, design features, the degree of physical wear and technical condition of the common property, as well as the geodesic and natural climatic conditions of the MCD location. The contract of managing the home management company can be changed and terminated in the manner determined by the civil legislation of the Russian Federation. The basis of the change and termination of the MCD management contract is provided for by Art. 450 Civil Code. These actions are possible under the Agreement of the Parties, unless otherwise provided by the Civil Code of the Russian Federation, other laws or contracts. At the request of one of the parties, the contract may be changed or terminated by the court decision only: - with a significant violation of the contract with the other party; - In other cases provided for in the Civil Code of the Russian Federation, other laws or contract. In the event that the period for which the management agreement was concluded, expired, but the statement of one of the parties to terminate the management agreement is absent. At the end of the term, such a contract is considered extended for the same period and under the same conditions as provided for by such a contract. The relationship between the management company and the owners of the premises in the house, the procedure for concluding management agreements, other issues related to this characterize the activities of the management company only on the one hand. On the other hand, the relationship between this organization is directly with suppliers of those services and works that will be carried out on a residential building and contracts with heat supply organizations, water supply and other necessary to ensure the life of the MCD, are concluded by the management company on the basis of those powers that are contained in the Management Treaty. When concluding a management contract, there are positive and negative points. The most basic advantage of the management company in pre-social management methods is that, by definition, the management company should specialize in providing specific types of services. That is, the fulfillment of its responsibilities should be carried out at the appropriate professional level. The negative time of activity is that at the moment there is no sufficient number of reliable management companies, there is no practice of their activities and poorly formed a circle of professionals in this industry, and because of this, various negative reasons may occur.

The management company is an organization that is engaged in "conducting business". To be more accurate, it produces: maintenance, repair, payment for heat and light, and also conducts checks. May be "engaged" with one or more residential homes, it all depends on the level of the company's prestigiousness. Moreover, with recent time, the enterprises of the housing and communal services should be officially licensed, without fail. The Criminal Code contains a structure that depends on how large an enterprise. According to the law, they must comply with the list of responsibilities, as well as perform some instructions.

Responsibilities of the Criminal Code

Housing and utilities management company has some rights and obligations that must be observed. Those responsibilities in the house that one or another management organization will take place at the conclusion of the contract will be spelled out. In this case, the contract may contain the following types of responsibilities:

• Conducting the preparation of the house to the new season, whether it is winter or summer.
• Communal services, their tariffing, repair or replacement of water supply systems: pipes, counters, as well as power grid systems.
• Both overhaul and cosmetic seasonal repair.
• Cleaning yard areas, entrances, elevators, maintenance of cleanliness.
• Organization of other repairs related to equipment installed in the house, for example, elevator (if it is established and repaired at the expense of owners, previous Criminal Code or construction company)
• Registration of certificates for owners of housing, provision of full reporting, as well as billing in accordance with utility bills.

In addition, the cost of providing services from the company is established. All this is negotiated on the general aware of the owners and tenants.

Types of management companies

Housing companies can be engaged in part of the services that were described above, it all depends on the requirements of residents and the possibilities of the organization, so these managers in the housing and communal services can be divided into types:

• Supplying all services and is an intermediary with resource organizations.
• Being a mediator who finds performers for all necessary services.
• Organizations on the management of yard territories, garages and premises that are not intended for housing.

Responsibilities of the management company

About what responsibilities there are management companies in the housing and communal services was talked above. But what is the right to deal with such an organization besides its main responsibilities?

All services that the company is ready to provide and their rates are usually voiced by public meetings, and residents, in turn, decide whether they need it. When apartment owners are determined with the choice, the contract with owners is drawn up, on the basis of which the services are provided. Additionally, control organizations can engage, for example, export of large garbage several times a month.

Registration of the contract with owners

When making a contract, the management company in the housing and communal services should be indicated by:

• A list of all services that it will provide a specific home.
• Information about the obligations of the parties, rights and relationships.
• Information about the house (or another object), and should be specified in detail.

In addition, the contract contains information about:

• Reports.
• Terms of use of premises type: attic, basements and other non-residential premises.

The contract may vary under the condition that the request comes from the owners. Changes may be associated with any contract items.

Responsibility of the Criminal Code

There are several levels of government agencies whose aggregate in the housing and communal services. For this, checks are arranged due to identifying the quality of work performance, both from the management of the house and from the local (municipal) level. This is done in order to identify shortcomings in their work and their elimination. When checking from state bodies, they check everything from the cost of utilities, to their quality, and so on.

In the case when the organization does not fulfill its obligations, it refuses to do this, then the conflict is settling due to the imposition of an administrative fine on it, since this is considered a violation according to the Administrative Code, Article 7.22 It must be 40 - 50 thousand rubles. In addition, in addition to the penalty, the article provides for the suspension of the company's activities for up to 90 days.

If there are violations of the sanitary requirements of residential premises and the organization does not respond at any way, then you can immediately go to court. In this case, the organization also imposes a fine of 10 - 20 thousand rubles. It is beneficial for residents that the next time the managers will more seriously refer to the requests of the owners.

UK license

Housing facilities FZ No. 255. We must receive a license to work. Otherwise, the organization cannot be registered. On these grounds it can be argued that each management organization has a license that can be obtained from:

• Supervision authority for housing and communal services.
• Commissions for licensing housing and communal services.

And for its design, you need a whole list of papers:

• Certificate of opening of IP or LLC.
• Tax accounting documents.
• Help from the register.
• Appointment of director and certificates of opportunity to work in this position.

And this is not a complete list, other documents are needed. License information can be obtained by the name of the management company or the address of the house to which it is tied. You can do this on the public service website.

Popular managers in Russia

Of this way, most became clear that the management companies are, for which they are needed. What responsibilities are assigned to them, as well as what responsibility is carried. The link provided a list of management companies that have the highest ratings in all regions:

The management company in the field of housing and communal services is a non-profit organization based on the implementation of economic and operational functions related to the sanitary and technical content of apartment buildings (MKD).

It should be noted that the term "Housing and Housing Company" is a household name, the Housing Legislation uses the designation "Managing Organization".

This confusion often causes an incorrect understanding of the essence of the Criminal Code and creates discrepancies in references to legislative acts. Nevertheless, we will continue to use the term of the Criminal Code as more familiar.

By definition of the housing code, the managing organization is one of the forms of managing a residential apartment building., the same as the HOA or direct control.

Essence, purpose and purpose

All the activities of the Criminal Code are subordinate to one goal - to free the tenants of apartment buildings from care for maintenance, repair and maintenance of the house, for cleaning the territory, removal of MSW and other necessary constant actions, fulfilling all these for a certain fee.

Without such an organization, the house just risks to remain without service and gradually will be destroyedBecause not all tenants will be able to self-organize and ensure proper housing care.

Moreover, it will be practically impossible to ensure the legality in this matter. Therefore (HOA, other types of management) as responsible performers are vital and established by law. The tenants of an apartment building with a general meeting and conclude a management contract with it, on the basis of which the Criminal Code carries out its activities.

Video about what the Criminal Code is how to choose it to choose and what is its main goals:

What types of Criminal Types?

In the form of management of the Criminal Code there are:

• Housing associations.
• Private managers.
• State unitary enterprises (GUP), the Directorate of the Unified Customer (Dz).
• Direct management of owners.

Wherein, Criminal Code may have different specialization - only service, only control, both functions are immediately either some other options. But most often the Criminal Code is engaged in fulfilling all the duties, since for the customer of services - in our case, for tenants - it is much more convenient for tenants when all functions are concentrated in a single center.

Do not know which clerk serves your home? Read about how to clarify information in. And if you want to abandon your management company, read how to do it.

Activities

The principle of the management company in the housing and utilities sphere is based on the management of an apartment building and includes the following steps:

• Collecting information about the management object;
• Study of the data obtained;
• Activities aimed at improving the quality of apartment owners.

Residents of houses that use the right to participate in the management of an apartment building need to be fully information about the types of management.

General rules of work

In April 2018, the Government of the Russian Federation made changes to the inspections of general-purpose property, small current and overhaul and reporting on the owners of residential premises. Consider more.

The inspection of the common property should be carried out on the subject of leakage, breakdown twice a year: in spring and autumn.

• Current inspection Performed in accordance with the technical documentation. For each element, your term and frequency;
• Seasonal inspection It is carried out once every six months. In the spring, they are carried out after disconnecting heating, in the fall - before the start of the heating season. The owners of the residential premises may be involved in circumventing common property and make a list of work for current repairs.
• Extraordinary inspectionThe Criminal Code is obliged to spend during the day after an emergency: hurricane, accidents, etc. The results of all inspections are stored with documents on the house, if desired, you can get acquainted with them, and suggestions for current and seasonal examinations should be brought to all tenants.
• About tariffs for services.How much to pay, the owners of housing are solved at the general meeting (indeed within 1 year). The Criminal Code offers tariffs for services. Residents - accept or reject the proposal. The changes touched on the procedure for notifying the new proposals of the Criminal Code.

  Reference!The owners of an apartment building receive information about changing tariffs for 30 days with the help of a special service in public services and alerts on ads.

• The control of the Criminal Code became easier.Information about yourself (contact details, tariffs, regulations, memo, etc.) The company must accommodate in the place available to residents.

What legs are the activities are regulated?

The legislation regulating and their standards includes the following acts:

In addition to these basic documents, various regulations, provisions and solutions of local administrative bodies can be used in the workflow.

The championship belongs to the Housing Code As a fundamental document, any inconsistencies are interpreted from its position. All orders or other actions contradicting legislation standards in supervisory authorities or challenged in court.

Tired

The Charter is the main document defining the goals, the rules of work and the conditions of the activities of the Criminal Code, its legal status, the distribution of responsibilities. The document covers all areas of work in detail, regulates relations between employees, the tenants of the subordinate houses and other persons.

Also, the charter solves the issues of the financial plan, regulating wages of hired workers, money reward of the ITR, etc. All provisions of the Charter must strictly comply with the current legislation and regulatory acts.
Any contradiction of clauses of the charter is unacceptable And cancels the action of these items and sections.

Who are subject to the management of apartment buildings of the organization?

Who manages the management companies with housing and public utilities? In the Criminal Code, there is a managing manager appointed. We told about his duties.

However, in any case, the General Assembly of the Housing Owners of the Apartment House. Wherein, administrative subordination from the Criminal Code. The collection of owners can make complaints, make proposals, etc.

The activities of public utilities often cause complaints and complaints, sometimes reasonable, sometimes no.

When serious disorders appear on the part of the Criminal Code, the residents are more correct to contact directly in the Criminal Code to resolve the issue in place. According to the LCD RF, the complaint in the Criminal Code should be considered in 3 days.

If the solution is not accepted or unreasonably delayed, the tenants should be applied to the hillpox at the city administration, which is the most reliable and effective instance that exists to solve such issues.

There are other instances, the appeal to which helps to solve questions, such as the prosecutor's office or the city administration, but the hillpox among them is the most reliable.

If no method does not help, only to defend its point of view in court. This is an option, spent on time, nerves and demanding a lawyer, but if successful, the issue is guaranteed. It should be borne in mind that the Criminal Code after two lost courts is deprived of the right to manage the house.

Housing legislation allows you to successfully solve problems with the residential foundation. With the help of management companies - the most competent and professional type of content and service of housing. Only people who have all the time can succeed in this direction all the time, and not a couple of hours after work.

A large number of organizational, technical and legal issues require the work of a whole team of specialists, and the Criminal Code is the right choice for this.

The management company is an organization that is hired into confidential management by any property. The property is most often the house, cash and even major enterprises. Such a control system is different from direct control, when all solutions receive the owner and is responsible for them. The management company is often not responsible or carries, but in a limited amount. Therefore, before applying to such an organization, the features of such a management method should be studied.

What represents

The management company is a specialized institution that performs management functions in various areas of economic activity. In Russia, often under this concept imply companies involved in the management of housing and communal services. In economic theory, this term has a wider concept. In business, management companies managers who are not related to the provision of housing and utilities services - and this is a very common phenomenon.

One of the features of such companies is that they can be created in one of the enterprise form existing in Russian legislation. The choice of one form or another depends on the size and sphere where the company will work. So, in the field of housing and communal services are often created in the form of management companies or in the form of owners' partnership. In the first version (LLC), the Office implements a specialized organization, in the second - the owners themselves.

Types of management companies

Whatever PJSC is, a partnership or LLC, managers are classified on the field of activity, the form of an enterprise, the size and composition of the participants. So, distinguish the following types of management companies operating in Russia:

• companies of housing and economic maintenance of the building;
• mutual investment funds, trust management of investor assets;
• manageing company providing management services for firms and enterprises.

Housing and communal services received the greatest distribution. This is understandable, because enterprises in the country are significantly less than residential apartment buildings. Other types of management companies are firms offering relevant businessmen and investor services. Their main task is to manage their customers' assets.

Management companies of housing and communal services

They are maintained by the maintenance and repair of residential apartment buildings. Perform such important works as:

• improvement of adjacent territories;
• collection of payments from residents at home and payment of utilities;
• hiring workers to perform construction and repair work;
• inform about changes in tariffs;
• cleaning and repairing entrances.

District Management companies serve as an intermediary between enterprises providing utilities and residents of the served house or houses located in a certain area.

State regulation of housing and utilities management companies

In accordance with the Housing Code of the Russian Federation, the management company must be not only self-sufficient, but also to profit. That is, it exists only to the means obtained from the tenants, as well as from other types of entrepreneurial activities not prohibited by law. For example, the delivery of some premises for rent or providing space to accommodate advertising.

The money received goes to the improvement of the house. But even the means of residents and income from renting a place or for advertising may not be enough for its service. Most of the residential fund of the Russian Federation is in a sad position. Many houses no longer make sense to repair, but there are no place to cross the tenants. But people continue to live in such houses and pay for services. The management company is not always to blame. It may arise and because no one has managed before this house, or managed inefficiently, or the money received was just stolen.

Responsibilities of the management companies utilities

The obligations and rights of the management companies are to carry out measures for servicing the building through payments of those living in this building. It includes:

• Regular inspection and repair of the building: roofs, elevators, entrances. To this end, relevant specialists should work in the company or compiled a contract with other companies that provide services for such specialists.
• Cleaning roofs, premises and adjacent to the territory building.
• Ensuring fire safety buildings. That is, this includes payment of services for inspection departments, installation and maintenance of fire safety, buying fire extinguishers.
• Ensuring access to communal services of all residents of the building serviced.
• Informing about the size of tariffs and payment timing, collecting funds for utility bills.
• Report on the work done in front of its customers: Where, for what purposes and in what volume, funds were spent or is planned to be spent.
• Preparation and holding of the assembly of residents.
• Search for sources of additional income. For example, renting premises, places for advertising;
• Accrual depreciation on the building.

Management companies of Moscow, St. Petersburg or any other city can also conduct construction work. For example, the construction of a attic or one more floor. But such events they have the right to hold only with the full consent of all owners and only after issuing permission to make changes to the building of the building from the relevant state department.

Forms of enterprises management companies

Regardless of which field of activity, management companies operate can be organized in the form of PAO, LLC or partnership. In the form of PJSC and LLC, companies that are engaged in investment activities or provide management services to private entrepreneurs, firms, enterprises. Also in the form of Ltd. manages the management company of utilities services. In the first case, the tenants hire a third-party company, in the second (partnership) - they themselves are engaged in administrative activities.

Disadvantages of management management companies in housing and communal services

The management company is responsible only to its customers, before which it should report annually at the general meeting of residents. Theoretically, this should happen throughout the territory of the Russian Federation, in practice, the situation is somewhat different. In reality, it is very difficult to collect all the tenants in one day. In addition, many leaders of such enterprises are in no hurry to report to tenants, since it is unprofitable.

Most of the housing stock in Russia is in a wind state, so in large cities, getting large sums, managers of companies do not invest, obtained funds in the building, and prefer to spend their own needs. For example, the management companies of Moscow and other major cities often behave in this way. The problem with the management companies in the housing and communal services has existed since the law on management companies has been adopted, and problems with fraud in this area are not solved.

How to change the control company housing and communal services

If the management company does not fulfill its obligations, does not respond to customer requirements, then they have the right to terminate the contract with it and conclude a new one, but already with another company or organize a home owner partnership.

Theoretically, in order to terminate the contract, it is enough to provide an application to the management company or a court with signatures of all or almost all owners and a package of documents. Within two weeks, the contract must be terminated.

In practice, the situation is quite different. In the field of housing and communal services, considerable money is treated and therefore there are too many unfair managers, which use loopholes in the laws, at the expense of high tariffs and almost the absence of costs for maintenance and repair of the house, are obtained. At the same time, they do not seek to leave a profitable occupation. Sometimes it happens that the head of the LLC manages the management company even if there is a judicial resolution on the revocation of permission to entrepreneurial activities and continues to work.

Investment managers companies

Investment management companies are organizations that are engaged in trustworthy investor capital management. The essence of such a management is reduced to the fact that investors are buying either a share in the investment portfolio already created by experts, or give an indication of a specially expensive professional-professional trader so that it acquires the relevant securities.

The use of the investment management company has its pros and cons. The pros will be attributed to the fact that all trade operations, market analysis and transactions will make a person who has a lot of experience and a fairly high level of competence in this area of \u200b\u200bactivity. This reduces the risk and save time. The lack of such companies is that they take a high percentage of the Commission. In addition, no one gives 100% guarantees in the fact that the invested funds will remain safe and maintained or income will be obtained from them.

Responsibilities of investment management companies

In the duties of the head of the Ltd. manage the management company. It should publish annual and quarterly reports on their work, as well as any information regarding customer accounts. The main duty is to try to preserve and multiply customer capital, ensure a stable growth of their assets.

How to choose an investment code

When choosing, you should pay attention to the experience of the company, reviews about it, financial indicators. Especially the attention should be paid to the presence / absence of the audit conclusion and its content attached to the financial statements. Typically, capital management services are offered large banks and investment funds. The main condition, when choosing a management company, is that its life on the market was at least 10 years.

Management companies for enterprises and firms

There are two types of such management companies. Either a separate company is hired or there is an enterprise department that performs this feature.

In the first case, the owner hires an external company, in the second - the leadership is in one of the departments of the enterprise in the form of PJSC or LLC, from where it is managing. The management company is essentially the center from which the entire network of enterprises is managed. For example, Coca-Cola has enterprises for the production of sweet soda around the world, but at the same time management is carried out from the main office located in the United States. It is here that decisions are made that when and how to produce. Plans to expand production are created. All accounting information from all enterprises also flocks here for analyzing and generating management decisions.

The control of the second type is resorted in rare cases, and such a measure is considered forced. The services of such companies are resorted in cases where the company is in the crisis or when the owner is forced to dismiss the manager (or he quit himself), but at the same time it is not possible to replace it. Enterprises need external management and this quality management should be higher than the internal.

Advantages and disadvantages of managers

External enterprise management or management from one remote center has its advantages and disadvantages. On the one hand, highly qualified specialists operate in such managers, on the other hand, these specialists cannot always determine what needs to solve the problem. They are not at the enterprise, they do not work on it quite a long time, and on the basis of one financial statements, it is not so easy to determine the cause of the crisis situation and find a way out.

One of the most significant disadvantages of management companies operating at the enterprise is that decisions are taken late. Such management can be effectively only in two cases: when the company only opens or is already at the bankruptcy stage.

In the first case, the management company creates a management system on which the enterprise will work. In this case, the management company is a sample of how the enterprise should be management in the future. In the second, the work of the management company is reduced only to the search for funds for coverage of current debts and only then on the development of the enterprise. At the same time, they should work together with the owner to save the enterprise.

With the exception of these two cases, the services of the management companies will only lead to undesirable expenses, reduced quality and rates of decisions.

Management companies perform an important role in the process of managing enterprises involved not only in the field of housing and communal services, but also in other areas of entrepreneurial activity. Despite the disadvantages, in some cases, the hiring of the management company is the only way to correct the situation.