Campaigning for the settlement to select a management company. How does the competition for the selection of a management company take place: the procedure and rules for selection according to the current Housing Code

Alexander Grigoriev(TIN: 720304084519) is going to deceive his voters for the second time as a deputy of the Tyumen Duma, and the owner of the Management Company "Universal". On June 3, the entrepreneur passed the primary procedure organized by the city party organization "United Russia". He plans to run in the 21st single-mandate electoral district of the city of Tyumen. Previously, Grigoriev had already been elected as a deputy of the Tyumen Duma in the fifth convocation of the city assembly in the same district. However, it is unlikely that Grigoriev’s deputyship brought real benefits to the townspeople who voted for him.

Alexander Grigoriev

Propaganda grid of Alexander Grigoriev

In this matter, one should take into account the professional specifics of the activities of Alexander Voldemarovich Grigoriev, which fits perfectly into the campaign process. The thing is that Grigoriev is the 100% owner of an ordinary city management company. And this means that he has a ready-made propaganda grid at hand. Moreover, Grigoriev has worked in the housing and communal services sector almost his entire adult life, and is well versed in the intricacies of managing apartment buildings and the specifics of relationships with people. Alexander Grigoriev became the director and owner of Universal Management Company eight years ago, having worked his way up from an ordinary plumber to the company’s commercial director in 2003. Having headed the Universal Management Company LLC in 2010, he was almost immediately elected to the Tyumen Duma with the help of gullible voters and administrative resources.

First, about the administrative resource. In any city or region, the housing and communal services industry is considered a strategic direction in the economy and people’s livelihoods. Which is very important for the authorities. Therefore, any enterprise operating in this area is an important tool for the authorities not only in economic matters, but also important politically. It is no coincidence that Alexander Grigoriev, in addition to being the owner of the company, is also a member of the United Russia party, and in general a “valuable” person for the city. Its value is partly explained by the fact that in his hands is a reliable propaganda tool, which he has already successfully used once, and plans to use again. And the party in power in this case will get its own person in the City Duma, and will increase the percentage of its “success” in the elections, which will then allow it to report to the party leadership. And in order for this to happen, both the ruling party and Grigoriev himself are going to use ordinary citizens whose houses are serviced by the company.

This is the same propaganda grid. As a rule, it consists of ordinary “management” employees - mechanics, plumbers, and operational site foremen. But the most valuable thing is the activists of the building councils, the elders in the entrances and simply active residents who expect to receive some preferences from the management company for their activity. At the same time, being leaders of public opinion in their home, entrance, or landing. Preferences, as a rule, relate to issues of managing a house, carrying out repairs in entrances, etc. But it also happens that some particularly active citizen will have their loggia glazed or their plumbing repaired free of charge.

“And some, especially trusted persons, have the authority to sign acceptance certificates for any home improvement work (for example, roof repairs). In this case, funds collected from residents are debited from the house’s account, and a specially trusted person receives a bonus from the management company. Only others don’t know about this, say, if the work was not completed completely, or not completed at all,” said the Charter. there is no interlocutor from among the owners of the house, which is served by the Universal Management Company, Alexander Grigoriev.

Some of these people engage in campaigning on a professional basis. Because management companies, in conditions of constant competition for the right to manage the housing stock, simply hire “special people” for money to campaign in their favor. All of them form the backbone of Alexander Grigoriev’s campaign network.

"The fruits of agitation"

If you consider that the company currently manages 169 apartment buildings with a total area of ​​67,557,705 square meters, then you can imagine what a huge propaganda force this is. However, any propaganda also has the opposite effect. Especially when you consider that the majority of management companies in Tyumen, included in the list of the ten largest, can hardly be called bona fide companies providing housing and communal services. Management Company "Universal" occupies 8th place in this ranking. Users of social networks speak extremely negatively about her. House maintenance is accompanied by huge additional charges in the form of illegal charges, a large number of accidents, and poor quality work of employees. In 2016, LLC “UK “Universal” topped the list of 20 companies indebted to the heat supply organization “Teplo Tyumen” for consumed heat. In 2017, the debt amounted to 58 million 013 thousand 979 rubles. In 2017, 14 apartment buildings refused the company’s services. Here are just a few reviews from consumers of the services of the Universal Management Company, and, by the way, from voters in the city:

Owner Ilya: “In January 2018, a line appeared in the receipt for general household needs for 2,000 rubles, supposedly a debt for 2015. How can there be a debt if I monthly pay for water for general house needs of 17,18,12 and 5 cubic meters. No repair work is being carried out, there is a leak in the basement, the hot water and hot water risers constantly break down, flooding the lower floors.

GZHI closes his eyes as usual (write, we will answer). How much can you steal? The entrance and landing are in terrible condition. Olimpiyskaya st., 12a.”

Owner Lyubov: “February 12, 2018 at 1:10 p.m. Quality of service: “Ul. 30 Let Pobedy 115 And for water supply for general house needs, they regularly charge as much as 375 rubles in the month of January, and in the corridors and garbage chutes they only put up posters to monitor the sanitary condition looked, but cleaning was not done for months. It’s not even swept, let alone washed.”

Owner Alexander: “The company is very bad. I've been calling the housing and communal services billing department for a whole week. Nobody picks up the phone. I decide to contact the housing inspectorate of the Tyumen region,” homeowners report on the website of Universal Management Company LLC.

Meanwhile, the revenue of Alexander Grigoriev’s company for the last reporting year alone amounted to 339 million rubles. Its cost is 9 million 400 thousand rubles with the authorized capital amounting to 10 thousand. So it turns out that the candidate for deputy of the Tyumen Duma, and the owner of the Universal Management Company, Alexander Grigoriev, is robbing consumers of the company’s services, and is going to deceive his voters, as he already did during his first deputy term.

A change of management company is one of the most popular reasons for convening a general meeting. And, as practice shows, the transition from one management company to another does not always go smoothly. Those who disagree with the voting results are challenging the protocol in the courts. And often the servants of Themis recognize the meeting as illegitimate. The reason for this is all sorts of violations of the procedure for holding a gathering of residents. To talk about how to properly change the management company or create an HOA, “City News” carefully studied the current housing legislation and also talked with experts. The algorithm of actions of owners, if they decide to refuse the services of previous managers, is prescribed in the Housing Code (LC RF). And changing the management company and creating an HOA is possible only with a decision of the general meeting. And for people’s decision to be legitimate, the following rules must be followed.

1. The initiator of the general meeting can be any owner or group of owners. At the same time, last year changes were made to the Housing Code of the Russian Federation, according to which residents have the right to entrust the organization of the general meeting to their management company, HOA or housing cooperative. It is necessary that owners with at least ten percent of the votes request the management organization in writing. The appeal must indicate the issues to be included on the agenda of the meeting. Residents have 45 days from the date of receipt of the appeal to convene and hold a meeting. “The most cynical residents can ask their management company to hold a meeting to terminate the contract with itself and choose a new company, and housing workers have no right to refuse this,” emphasizes Roman Kazakov, chairman of the public movement “People’s Control in Housing and Communal Services.”

Sometimes only after changing the management company do positive changes appear in the management of the house

2. The initiator of the meeting creates an agenda, selects the form of holding and notifies the owners of the meeting no later than ten days before the date of its holding. Within the specified period, a notice of the general meeting must be sent to each owner by registered mail or delivered in person against signature. As experts say, it is often failure to comply with this requirement that leads to people’s decisions being declared illegal. Every time you need to hold a meeting, personally delivering an announcement to each owner is problematic, but the law provides a way out of the situation.

3. The most realistic form of holding a general meeting is in person and in absentia. Thus, if it was not possible to achieve a quorum in person (less than half of the residents attended the meeting), there is no need to initiate a new meeting, but can immediately begin absentee voting. Only the owners can express their views on certain issues on the agenda; people simply registered in the apartment do not have the right to vote.

Important! The General Meeting does not have the right to make decisions on issues not included in the agenda, nor to change it.

4. Depending on the issues raised, the number of votes required to make a decision may vary. So, if we are talking about the reconstruction of a house, then people must speak out for it unanimously; if routine repairs are required, then two-thirds of the votes are enough; most issues, like changing the management method, are decided by a simple majority (50 percent plus one vote).

Unfortunately, such a stir only happens around social security; as practice shows, no more than 10 people come to the meeting. The initiators have to catch the rest of the owners door-to-door.

Important! The decision of the general meeting is binding on all owners of premises in an apartment building, including those residents who did not participate in the vote.

5. The results of the general meeting are documented in minutes.

Important! The decisions and minutes of the general meeting of owners of premises in an apartment building are official documents. There is criminal liability for counterfeiting them.

6. Within ten days after the meeting, the initiator of the meeting is obliged to transfer a copy of the minutes to his management company, HOA or housing cooperative. The management organization, in turn, is obliged to submit a copy of this protocol to the housing supervision service within five days. In addition, within ten days the initiator is obliged to notify the owners of the voting results.

The minutes of the general meeting must be submitted to the management company for execution.

Important! If construction supervision receives several copies of minutes from the same house from meetings with a similar agenda within three months, this will be the basis for an unscheduled inspection.

7. Thus, the decision of the general meeting comes into force at the moment when the document is verified by the housing supervision service. Consequently, the agreement with the previous management company will be terminated at the moment when the house is excluded from the license.

8. If, as a result of the general meeting, the residents decided to conclude an agreement with the new management company, then, in essence, this ends the participation of the initiators in the process of changing the company. The new organization itself will request from the previous one the technical documentation for the house, the funds accumulated in the house’s account, and will also enter into agreements with resource supply organizations. If, based on the voting results, a decision is made to create a HOA, then before the partnership begins managing the house, it must be registered. To do this, the elected board pays the appropriate fee, notarizes the registration application, which is written on a special form (it can be obtained from the tax service), and, together with the charter approved at the meeting, submits it for registration to the nearest Federal Tax Service inspectorate.

Important! During the state registration of the HOA, the minutes of the general meeting of owners are also presented, at which decisions were made on the creation of the partnership and on the approval of its charter, as well as information about the persons who voted at the general meeting for the creation of the homeowners association, about the shares owned by these persons in the right of common ownership of the property. common property in an apartment building.

On a note

What is the best way to formulate a clause in the protocol on informing owners about general meetings and their results?

“Determine that notification of premises owners about general meetings will be carried out by posting a notice on information stands, notice boards, entrance doors and other places accessible for viewing by owners in the entrances and (or) outside the entrances, but within the boundaries of the local area.

Determine that informing the owners of premises about the decisions made by the general meeting of owners will be carried out by placing a corresponding announcement or a copy of the minutes of the general meeting on information stands, notice boards, entrance doors and other places accessible for viewing by the owners in the entrances and (or) outside the entrances, but within the boundaries of the local area."

To the point

What must be included in a notice of a meeting?

1) information about the initiator;

2) the form of holding this meeting (in-person, absentee or absentee voting);

3) the date, place, time of this meeting or, in the case of this meeting being held in the form of absentee voting, the closing date for accepting decisions of the owners on issues put to vote, and the place or address where such decisions should be transferred;

4) agenda;

5) the procedure for familiarizing yourself with the information and (or) materials that will be presented at this meeting, and the place or address where they can be viewed.

Where to get comprehensive advice on organizing and holding a general meeting.

"City News" has collected on one map all the consulting centers operating in Krasnoyarsk on housing and communal services issues. The services of all these institutions are free. Municipal and state authorities are marked in red, resource centers for working with HOAs and local self-government development are in blue, public organizations are in green.

MKU “Department for work with HOAs and development of local self-government”

Resource center "Department for work with homeowners' associations and development of local self-government"

St. Oktyabrskaya, 3, tel. 277-58-29

St. 40 years of Victory, 4, tel. 225-02-14

St. Kirova, 2, tel. 227-28-85

St. Yunosti, 39, tel. 264-60-38

St. Pionerskaya Pravda, 8, tel. 260-00-71

Public movement “People's control in housing and communal services”

Contacts: st. Gorky, 10, tel. 288-16-10, website: NKZHKH.RF, e-mail: [email protected]

Working hours: Monday - Friday, from 9 to 18 hours, lunch break from 13 to 14

Department of Housing and Communal Services of the Central District Administration

Contacts: Mira Ave., 63, tel. 227-94065, website: admkrsk.ru, e-mail: [email protected]

Working hours: Monday - Friday, from 9 to 18 hours, lunch break from 13 to 14

Consulting and legal center for organizing the provision of housing and communal services to the population under the Ministry of Housing and Communal Services of the region

Housing

The best choice is inaction

Temptations and dangers of managing multi-family residential buildings

As you know, the owners of apartments in a large apartment building are now faced with a choice - should they create an HOA? Or choose a management company? Or maybe it’s better not to do anything at all, entrusting the solution of all housing maintenance problems to the municipality?

The truth about HOAs

The option of creating an HOA, in my opinion, is the most inappropriate, because... its appeal rests solely on a few ingrained myths.

Having failed to fulfill its obligations for major and current repairs of dilapidated housing, the state decided to transfer the collapsing housing stock to the responsibility of homeowners. In the early 1990s, residents eagerly began to privatize housing, since owning real estate promises great life and legal prospects. You can register or not register certain relatives in your housing, you can provide housing as collateral for a loan or sell it, gaining significant funds. You can bequeath it to whoever you want, you can finally ensure that you age and fade away with dignity while single.

But the clothes of rights are sewn on the lining of responsibilities. In addition to the right to sell your home, you now have an inherent duty to keep it safe and sound, protecting the rights of other residents. You can do redevelopment taking into account the law and the wishes of your neighbors. But as a homeowner, you can have a stable rental income from it.

These are the attractive aspects of home ownership. There are also encumbrances. You must pay property taxes, which will increase every year, as is customary in the civilized world. And, in the end, you must manage the property that is located outside your apartment, but without which there is no comfort and well-being for you - that is, general building communications, technical premises, walls and roof of the house, as well as the surrounding area. If you don’t take on this, someone else will do it, and yet trust in government and business structures close to them is steadily falling. Wealthy people, if they buy real estate, do so outside the borders of Russia, in those countries where legislation protects the owner.

It is necessary to bring these facts to the consciousness of the owners of the premises. It is necessary, no matter what, to encourage residents of municipal and departmental apartments to privatize their housing. It is necessary to form a condominium, a closed living environment, where only the residents have control, and no municipal structures. It is necessary to instill in people the psychology of the owner, to show that their responsibility is limited not by the front door of the apartment, but by the front door of the house.

This is most easily done in an old house (built in the 1960s-1970s), inhabited by people of the same social stratum, preferably if the apartments in the building are not sold to strangers, and the residents have personally known each other for decades. A charismatic person is needed (the initiator of the meeting, who will later become the chairman of the HOA), preferably released. This could be a pensioner of the Ministry of Internal Affairs, the KGB or a professional builder. Personal qualities are of paramount importance.

1. Make people aware that if you privatize the local area, then there will be no parking lots, barbecue joints, saunas or skyscrapers on it (without the consent of the residents). If the state needs to seize this land for its own needs (construction of facilities for the summit in Vladivostok 2012 or in Sochi for the 2014 Olympics), then the land will be purchased at market, and not at cadastral value!
2. You yourself will be able to plan the use of common premises and local areas to suit your needs.
3. You will be able to legally park your personal vehicle right under your windows. You will provide land plots for garages, which then no one will touch!
4. You will be able to place outdoor advertising on the walls of your house, rent out basements of stores (if any), attics, and technical rooms. The income from these transactions will first be used for major repairs (dampness and fungus in the entrance will be eliminated, boring elevator cabins will be replaced, the issue with the ever-leaking roof, bursting supply pipes and shutting off hot water for an indefinite period will be forever resolved), perhaps it will be commissioned land (at market value) for small businesses, and the income will go to subsidies for residents to pay for utilities. Perhaps rent will be canceled forever!
5. Tell people that the HOA will expand, taking control of neighboring houses, and the sooner management experience is acquired, the easier it will be for the residents of this house to solve their problems, at least through the newly added houses. Make it clear that what is done voluntarily today will be forced tomorrow.
6. Convince people that the larger the structure, the lower the unit costs for personnel. The more members of the HOA, the more contributions there will be, the stronger economically the HOA will be, the more global problems it will be able to solve. Those who didn’t have time are late and will forever be trailing behind!

At least at the first stage, impeccable honesty of the people elected to the board and audit commission of the HOA is needed. Look for people who have personal and business connections with the City Administration, grow your workforce. The longer and more successfully your HOA chairman works, the more experience he will have. Try to orient him towards eternal work in this capacity, make it clear that the reward for his work will be worthy.

The main thing to remember is that HOA is not a momentary situation, it is forever. As experience shows, existing HOAs are not liquidated, which means they are the future!

Initially, the issue of home ownership management is dealt with by the developer.

He receives permission to put the house into operation, then within 5 days from this moment he, at his own discretion, chooses a management company with which for 3 months.

At the same time, the local government, within 20 days from the moment the apartment building is put into operation, notifies that the house is being put up for an open competition to select a management company. Within 40 days from notification of the event, the local government body must hold this competition and inform all shareholders about its results within 10 days from the date of its completion.

Management activities are assigned to the company or by the local government, since not all apartments are occupied and there are few owners to vote for the management company.

Grounds for holding the competition

The first basis for holding an election competition is the delivery of an apartment building for direct use or operation.

When the construction stage is completed, and the owners have received their documents and the long-awaited keys, the law allots a certain period for the residents to choose a management method.

The second basis arises due to failure to fulfill the will of the legislator. If, within the allotted period of one month, the residents do not choose a management method, the local administration takes control of this issue and helps residents decide on a management method.

If the owners refused the services of one management company, they will need a new organization that services the common property. Thus, a change in the organization for managing an apartment building can also be considered grounds.

Reference! The law provides for situations where she breaks the contract. In this situation, it is also necessary to select a new management company for the apartment building.

Competition rules

Regulatory acts

If representatives of the local government body are present at the meeting and competition, then a large role in regulating the holding of an event is given to local regulations. Each municipality has its own, but they do not contradict the basic law.

To familiarize yourself with the acts of your particular municipality, you should go to the website of the city administration.

In addition, when holding a competition, it is important to be guided by the articles of the Housing Code, as it says. The rules for holding a competition for the selection of a management company, adopted by Government Decree No. 75 of February 6, 2006, are the main source in accordance with which the entire procedure takes place. Read in advance all the nuances specified in this act.

In recent years, the legislative system of our country has been reformed more and more often, and the Housing Code has not been spared innovations. Some articles reveal themselves more fully in Federal Law No. 38 of April 5, 2013. The act talks about the changes that have been made to the Housing Code, and also provides some comments on the articles.

Participants

The participants in the competition are, on the one hand, voters, that is, residents of the house and the local government body (SRO), and on the other hand, an applicant or applicants for mandatory management of the entire house.

The number of applicants is not limited, the main thing is to familiarize residents in advance with your participation in the auction.

Subject of the competition

The subject of the competition is the right to manage the house and common property, which will be expressed in the conclusion of an agreement between the parties for a limited or unlimited period.

The subject may also include funds that the management company will manage by providing reporting to residents.

Subject of the auction

The subject of bargaining is payment for the activities of the management company, as well as its capabilities in property management. So, if one management company has valued its services and work at a certain amount, another may lower the bar and thus be more interesting to the owners.

Reference: During the bidding, management companies introduce owners to the results of their work in other areas, talk about possible prospects for cooperation and the program of action for the first time.

How is the winner determined?

If the initiators of the competition are the owners of an apartment building, then the winner is determined by voting.

The competition can be:

In both cases, the results obtained are summarized and a management company is appointed. But there is one “but”.

If the sum of votes cast for the winner still does not reach the fifty percent mark, the company with the most votes does not pass the competition. Unanimity of owners is required, which manifests itself in voting, where more than half of all votes are cast for one candidate.

All or more than two thirds of all owners must be present during the competitive selection. If 2/3 of all residents of the house are absent, the competition cannot be considered objective and the management company cannot be elected.

If the initiator of the competition is a local government body, it itself appoints the management committee or adds its vote to the votes of residents.

Selection deadlines

The management company must be elected within a month from the moment the house is put into operation. If this does not happen, the self-government body has the right to help residents make their choice for another month. Thus, The entire procedure for appointing a management company should not take more than two months.

Who has the right to initiate a tender?

Only the following can initiate a competition to select a management company for an apartment building under the current Housing Code:

1. Residents who choose a management company immediately after the completion of a new building.
2. Local government - within a month the administration must receive information about the organization servicing the house. If this does not happen, the local government independently initiates the election of a management company through a competition.

Herself The management company does not have the right to call residents to meetings, arrange meetings and meetings.

How to choose a management company for an apartment building?

Homeowners need to be critical when choosing a management company so that the organization suits all owners.

All residents of the apartment building must be notified in advance about the choice., the most suitable for this is an evening walk-through of apartments (when all residents return from work) or information by phone/SMS/announcement at the entrance to the house.

Application for participation

Applications for participation are submitted on behalf of management companies. They must indicate the name of the management company, the responsible person, the program under which the cooperation should take place, conditions and contact information. You can accept an unlimited number of applications.

Notice

The notice of a competition to select a management organization must comply with a number of rules, and first of all, be available to every owner.

Here main ways to notify owners:

• personal notification to each owner by visiting the property;
• publication of information about the meeting in local media;
• publication on the website of a local government body;
• notification by invitation to the mailbox;
• placing information on stands at each entrance;
• calling each of the owners.

Voting procedure when choosing a management company

The first step is for the owners to familiarize themselves with all the applicants for the position of management company before voting begins.

For this The time and date of the meeting are determined, and the information is posted on a common stand, where all owners have access. It is also possible to personally invite each owner to the meeting.

All management companies, without exception, can introduce the terms of their cooperation to owners through personal communication, distributing leaflets, and publishing articles on Internet resources.

On the day of the competitive selection, representatives of management companies, as well as most of the residents of the house, must appear. Representatives of organizations once again familiarize residents with their conditions, proposing certain clauses in the contract. Next, voting begins, which can be either open or closed.

If the initiator of an open competition for the selection of a management organization is a municipal body, then information about the meeting should also be conveyed to the owners, but the presence of representatives of local government bodies will also be required at the meeting.

Important! In the absence of unanimity in the vote, it is the representative of the local government who appoints the management committee.

Opening envelopes and reviewing applications

Applications are reviewed carefully and discussed directly at the meeting. From these, a list of the most worthy and trustworthy candidates is formed, from which the winner is selected.

The moment of opening the envelopes with applications is recorded in the minutes of the meeting. Owners can ask questions of representatives in an attempt to obtain the most complete information.

Conducting the competition and summing up its results

A competition to select a management organization for an apartment building is held immediately at the meeting, after all candidates have been presented.

When all votes are recorded in the protocol, the result is announced. If the voting took place in the format of ballots, the papers are not thrown away, but remain in order, if necessary, to confirm the legality of the victory of a particular management company.

When the winner is announced, the prospects for the future contract are discussed with him, a document is drawn up and signed. The remaining candidates who do not receive the required votes leave the meeting.

Sample minutes of the general meeting

Examples of drawing up minutes of a general meeting to select a management company are presented below.

How does the administration choose a management company?

Reference: if the residents did not independently elect a management company within the specified period (one month), then the selection and appointment of a manager is the responsibility of the district administration.

In this case, specialists appoint a competition among management companies (both parties are required to be notified of the competition - the owners of the apartment building and all management organizations that may participate in it).

Actions of the administration in this process:

The developer can enter into a building management agreement with the management company no later than five days after the apartment building is put into operation. Residents of the house have the right to leave the same company within a month after putting the house into operation.

Conclusion of a management agreement for an apartment building

The final stage of the competition is. As a rule, it is drawn up in the presence of representatives of the owners and management company.

Once again, all the details, the duration of interaction, and possible reasons for termination of the contract are discussed. After this, the agreement is certified by a notary and signed by the parties.

The agreement is signed in two copies— one will be kept by the management company, the other by the owner’s representative.

Residents can specify their wishes for property management, but be sure to coordinate this with a representative of the organization. As soon as the agreement is signed, the management company can begin its direct responsibilities.

What types of violations are there?

Violations of the selection of the management company are associated with the election process itself:

Any violation of the selection process not only entails dissatisfaction among residents of the selected management company, but also jeopardizes the financial side of cooperation.

To appeal detected violations, apartment owners do the following::

1. statement of discovery of a violation;
2. collect signatures from residents indicating consent and participation in the accusatory process;
3. collect the necessary evidence. This could be video recording of the voting process, ballots, irregularities in the work of the management company, etc.

Persons who discover violations must contact the prosecutor's office or the district court.

The competition for selecting a management organization for an apartment building is not as complicated as it might seem at first glance. Remember your rights as an owner, and then no one will be able to infringe on them.

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