Section VIII. Management of apartment buildings (Articles 161-165)
Section VIII. Management of apartment buildings (Articles 161-165)
Article 161. Choice of method of managing an apartment building
- The management of an apartment building must ensure favorable and safe living conditions for citizens, proper maintenance of common property in an apartment building, resolving issues regarding the use of said property, as well as the provision of utilities to citizens living in such a building.
- Owners of premises in an apartment building are required to choose one of the methods of managing an apartment building:
- direct management of premises owners in an apartment building;
- management of the management organization.
management of a homeowners' association or housing cooperative or other specialized consumer cooperative;
Article 162. Management agreement for an apartment building
- The management agreement for an apartment building is concluded in writing by drawing up one document signed by the parties. When choosing a management organization by a general meeting of owners of premises in an apartment building, a management agreement is concluded with each owner of premises in such a building on the terms specified in the decision of this general meeting.
- Under an agreement for the management of an apartment building, one party (the management organization), on the instructions of the other party (the owners of the premises in the apartment building, the management bodies of a homeowners' association or the management bodies of a housing cooperative or the management bodies of another specialized consumer cooperative), undertakes to provide services for a fee within an agreed period of time and carry out work on the proper maintenance and repair of common property in such a house, provide utility services to the owners of premises in such a house and persons using the premises in this house, and carry out other activities aimed at achieving the goals of managing an apartment building.
- The management agreement for an apartment building must indicate:
- the composition of the common property of the apartment building in respect of which management will be carried out, and the address of such a building;
- the procedure for determining the price of the contract, the amount of payment for the maintenance and repair of residential premises and the amount of payment for utilities, as well as the procedure for making such payment;
- the procedure for monitoring the management organization’s fulfillment of its obligations under the management agreement.
a list of services and works for 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 provided by the management organization;
Article 163. Management of an apartment building in state or municipal ownership
- The procedure for managing an apartment building, all premises in which are owned by the Russian Federation, a constituent entity of the Russian Federation or a municipal entity, is established respectively by the Government of the Russian Federation, the state authority of the constituent entity of the Russian Federation and the local government body.
- Management of an apartment building, all premises in which are owned by the Russian Federation, a constituent entity of the Russian Federation or a municipal entity, is carried out by concluding a management agreement for this building with a management organization selected based on the results of an open competition or, if such a competition is declared invalid in accordance with the law, without holding such a competition.
Article 164. Direct management of an apartment building by the owners of premises in such a building
- When an apartment building is directly managed by the owners of premises in such a building, agreements for the provision of services for the maintenance and (or) performance of repairs of common property in such a building with persons engaged in the relevant types of activities, the owners of premises in such a building conclude on the basis of decisions of the general meeting of these owners. In this case, all or most of the owners of premises in such a house act as one party to the concluded agreements.
- Contracts for cold and hot water supply, sewerage, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating) are concluded by each owner of the premises, directly managing the apartment building, on his own behalf. name.
- Based on the decision of the general meeting of owners of premises in an apartment building, directly managing such a building, one of the owners of premises in such a building or another person having authority certified by a power of attorney issued in in writing to him by all or the majority of the owners of the premises in such a house.
Article 165. Creation of conditions by local government bodies for the management of apartment buildings
- In order to create conditions for the management of apartment buildings, local government bodies:
- provide equal conditions for the activities of management organizations, regardless of organizational and legal forms;
- contribute to raising the level of qualifications of persons managing apartment buildings and organizing training for persons intending to carry out such activities.
may provide management organizations, homeowners' associations or housing cooperatives or other specialized consumer cooperatives with budget funds for major repairs of apartment buildings;
President of the Russian Federation V. Putin
1. The management of an apartment building must ensure favorable and safe living conditions for citizens, proper maintenance of common property in an apartment building, resolving issues regarding the use of said property, as well as the provision of utilities to citizens living in such a house, or in the cases provided for in Article 157.2 of this Code, constant readiness of utilities and other equipment that are part of the common property of the owners of premises in an apartment building for the provision of utility services (hereinafter referred to as ensuring the readiness of engineering systems). The Government of the Russian Federation establishes standards and rules for the management of apartment buildings.
1.1. Proper maintenance of the common property of the owners of premises in an apartment building must be carried out in accordance with the requirements of the legislation of the Russian Federation, including in the field of ensuring the sanitary and epidemiological well-being of the population, on technical regulation, fire safety, consumer rights protection, and must ensure:
1) compliance with the requirements for the reliability and safety of an apartment building;
2) safety of life and health of citizens, property of individuals, property of legal entities, state and municipal property;
3) availability of use of premises and other property included in the common property of the owners of premises in an apartment building;
4) compliance with the rights and legitimate interests of the owners of premises in an apartment building, as well as other persons;
5) constant readiness of utilities, metering devices and other equipment that are part of the common property of the owners of premises in an apartment building, to supply the resources necessary to provide public services to citizens living in an apartment building, in accordance with the rules of provision, suspension and restriction provision of utility services to owners and users of premises in apartment buildings and residential buildings, established by the Government of the Russian Federation.
1.2. The composition of the minimum list of services and works necessary to ensure proper maintenance of common property in an apartment building, the procedure for their provision and implementation are established by the Government of the Russian Federation.
1.3. Activities related to the management of apartment buildings are carried out on the basis of a license for its implementation, with the exception of the case when such activities are carried out by a homeowners’ association, housing cooperative or other specialized consumer cooperative and the case provided for in Part 3 of Article 200 of this Code.
2. Owners of premises in an apartment building are required to choose one of the methods of managing an apartment building:
1) direct management of the owners of premises in an apartment building, the number of apartments in which is no more than thirty;
2) management of a homeowners’ association or a housing cooperative or other specialized consumer cooperative;
3) management of the management organization.
2.1. When carrying out direct management of an apartment building by the owners of premises in this building, persons performing work on the maintenance and repair of common property in an apartment building, providing cold and hot water supply and carrying out sewerage, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating ( heat supply, including the supply of solid fuel in the presence of stove heating), management of solid municipal waste, are responsible to the owners of the premises in this house for the fulfillment of their obligations in accordance with concluded agreements, as well as in accordance with the rules established by the Government of the Russian Federation for the maintenance of general property in an apartment building, rules for the provision, suspension and limitation of the provision of utility services to owners and users of premises in apartment buildings and residential buildings.
2.2. When managing an apartment building by a homeowners' association or a housing cooperative or other specialized consumer cooperative, the said partnership or cooperative is responsible for the maintenance of common property in this building in accordance with the requirements of technical regulations and the rules established by the Government of the Russian Federation for the maintenance of common property in an apartment building, for the provision of utilities services depending on the level of improvement of a given house, the quality of which must meet the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and limitation of the provision of utility services to owners and users of premises in apartment buildings and residential buildings, or in cases provided for in Article 157.2 of this Code, for providing readiness of engineering systems. The said partnership or cooperative may provide services and (or) carry out work on the maintenance and repair of common property in an apartment building on its own or attract, on the basis of contracts, persons carrying out the relevant types of activities. When concluding an agreement for the management of an apartment building with a management organization, the specified partnership or cooperative exercises control over the management organization’s fulfillment of obligations under such an agreement, including the provision of all services and (or) performance of work ensuring the proper maintenance of the common property in this building, the provision of utilities services depending on the level of improvement of a given house, the quality of which must meet the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and limitation of the provision of utility services to owners and users of premises in apartment buildings and residential buildings.
2.3. When managing an apartment building by a management organization, it is responsible to the owners of the premises in the apartment building for the provision of all services and (or) performance of work that ensure the proper maintenance of the common property in this building and the quality of which must meet the requirements of technical regulations and maintenance rules established by the Government of the Russian Federation common property in an apartment building, for the provision of utility services depending on the level of improvement of the building, the quality of which must meet the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and limitation of the provision of utility services to owners and users of premises in apartment buildings and residential buildings, or in cases provided for in Article 157.2 of this Code, for ensuring the readiness of engineering systems.
3. The method of managing an apartment building is chosen at a general meeting of owners of premises in the apartment building and can be chosen and changed at any time based on its decision. The decision of the general meeting on the choice of management method is mandatory for all owners of premises in an apartment building.
3.1. Upon termination of management of an apartment building by a homeowners' association, housing or housing-construction cooperative, or other specialized consumer cooperative, the said partnership or cooperative, within three working days from the date of the decision of the general meeting of owners of premises in the apartment building to change the method of managing such a building, is required to transfer technical documentation for an apartment building and other documents related to the management of such a building, keys to premises that are part of the common property of the owners of premises in an apartment building, electronic access codes for equipment that is part of the common property of owners of premises in an apartment building, and other technical means and equipment necessary for the operation and management of an apartment building, to the person who has assumed the obligations to manage the apartment building, or in the case of choosing a direct method of managing an apartment building, to the owner of the premises in the apartment building, indicated in the decision of the general meeting of owners of the premises in the apartment building on the choice of the direct method management of an apartment building, or, if such owner is not indicated, to any owner of premises in such an apartment building.
4. The local government body, in the manner established by the Government of the Russian Federation, holds an open competition for the selection of a management organization in the cases specified in part 13 of this article and part 5 of article 200 of this Code, as well as if within six months before the date of the of the specified competition, the owners of premises in an apartment building did not choose a method of managing this building or if the decision made to choose a method of managing this building was not implemented. An open competition is also held if, before the expiration of the management agreement for an apartment building, concluded as a result of an open competition, a method of managing this building has not been chosen or if the decision made to choose a method of managing this building has not been implemented.
4.1. Information about an open competition for the selection of a management organization is posted on the official website of the Russian Federation on the Internet information and telecommunications network for posting information about bidding (hereinafter referred to as the official website on the Internet). The Government of the Russian Federation determines the official website on the Internet and the body authorized to maintain it. Before the Government of the Russian Federation determines the official website on the Internet, a notice of an open competition is posted on the official website of the municipality on the Internet information and telecommunications network, and is also published in the official printed publication intended for publishing information on the placement of orders for municipal needs . Information about the said competition must be available for review to all interested parties without charging a fee. Information about the results of an open competition is posted on the website on the Internet information and telecommunications network, on which information about its conduct was posted, no later than three days from the date of determination of such results, and is also published in the official printed publication in which information about it was published its implementation.
5. The local government body, within ten days from the date of the open competition provided for in Part 4 of this article, notifies all owners of premises in an apartment building about the results of the said competition and the terms of the management agreement for this building. The owners of premises in an apartment building are required to conclude a management agreement for this building with a management organization selected based on the results of an open competition provided for in Part 4 of this article, in the manner established by Article 445 of the Civil Code of the Russian Federation.
6. The local government body, no later than a month before the expiration of the term of the apartment building management agreement specified in Part 5 of this article, convenes a meeting of the owners of the premises in this building to decide on the choice of method of managing this house, if such a decision has not previously been made in accordance with part 3 of this article.
7. Any owner of premises in an apartment building may apply to the court with a demand to oblige local governments to choose a management organization in accordance with the provisions of Part 4 of this article.
8. The conclusion of an agreement for the management of an apartment building without holding an open competition, provided for in parts 4 and 13 of this article and part 2 of Article 163 of this Code, is allowed if the said competition is declared invalid in accordance with the law.
8.1. It is not allowed to conclude an agreement for the management of an apartment building based on the results of an open competition or if the said competition is declared invalid, earlier than ten days from the date of posting information about the results of the said competition on the official website on the Internet. This requirement does not apply until the Government of the Russian Federation determines an official website on the Internet.
9. An apartment building can be managed by only one management organization.
9.1. No longer valid on September 1, 2014. — Federal Law of July 21, 2014 N 255-FZ.
10. Invalid as of July 1, 2021. — Federal Law of July 21, 2014 N 263-FZ.
10.1. The management organization is obliged to provide free access to information about the main indicators of its financial and economic activities, about the services provided and about the work performed for the maintenance and repair of common property in an apartment building, about the procedure and conditions for their provision and implementation, about their cost, about prices (tariffs) for the provided utilities through its placement in the system. The procedure, composition, terms and frequency of posting in the system information about the activities of managing an apartment building and providing for review of documents provided for by this Code, a homeowners' association or a housing cooperative or other specialized consumer cooperative managing an apartment building (without concluding an agreement with the management organization ), are established by the federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of information technology, together with the federal executive body, carrying out the functions of developing and implementing state policy and legal regulation in the field of housing utilities, unless a different period for posting the specified information in the system is established by federal law.
11. In the case provided for in Article 157.2 of this Code, a management organization, a homeowners’ association or a housing cooperative or other specialized consumer cooperative that manages an apartment building, in the manner established by the Government of the Russian Federation, is obliged to:
1) provide resource supply organizations, the regional operator for the management of municipal solid waste with information necessary for charging for utility services, including the readings of individual metering devices (when such readings are provided by the owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or lease agreements for residential premises of the state or municipal housing stock in a given building of a management organization, a homeowners' association or a housing cooperative or other specialized consumer cooperative) and collective (community) metering devices installed in an apartment building;
2) monitor the quality of communal resources and the continuity of their supply to the boundaries of the common property in an apartment building;
3) accept from the owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or rental agreements for residential premises of the state or municipal housing stock in a given building about violations of the requirements for the quality of public services and (or) the continuity of provision of such services, violations in the calculation the amount of payment for utility services and interact with resource-supplying organizations and the regional operator for the management of municipal solid waste when considering these applications, checking the facts stated in them, eliminating identified violations and sending information about the results of consideration of applications in the manner established by the Government of the Russian Federation;
4) provide resource-supplying organizations with access to common property in an apartment building in order to suspend or limit the provision of utility services to owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or lease agreements for residential premises of the state or municipal housing stock in a given building or by agreement with resource supply organizations suspend or restrict the provision of utility services to owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or lease agreements for residential premises of the state or municipal housing stock in a given building.
11.1. When an apartment building is directly managed by the owners of the premises in the apartment building, the utility service for the management of municipal solid waste is provided to the owners and users of the premises in this building by the regional operator for the management of municipal solid waste.
12. Management organizations, homeowners’ associations or housing cooperatives or other specialized consumer cooperatives that manage apartment buildings do not have the right to refuse to conclude, in accordance with the rules specified in Part 1 of Article 157 of this Code, contracts, including in relation to communal resources , consumed in the maintenance of common property in an apartment building, with resource supply organizations that provide cold and hot water supply, sewerage, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of a stove heating), and the regional operator for the management of municipal solid waste, except for the cases provided for in Part 1 of Article 157.2 of this Code. The validity period and other terms of these agreements, including those concluded in relation to the acquisition of communal resources consumed during the use and maintenance of common property in an apartment building, are established in accordance with the rules specified in Part 1 of Article 157 of this Code. Owners of premises in apartment buildings do not have the right to refuse to enter into contracts specified in Part 1 of Article 157.2 and Part 2 of Article 164 of this Code.
13. Within twenty days from the date of issuance, in the manner established by the legislation on urban planning, permission to put into operation an apartment building, the local government body publishes a notice of an open competition for the selection of a management organization on the official website on the Internet and no later than within forty days from the date of publication of such a notice, conducts an open competition in accordance with Part 4 of this article, with the exception of the case provided for in Part twenty-five of Article 7.3 of the Law of the Russian Federation of April 15, 1993 N 4802-1 “On the status of the capital of the Russian Federation. Within ten days from the date of the open competition, the local government body notifies all persons who accepted from the developer (the person providing the construction of the apartment building) after issuing permission to put the apartment building into operation of the premises in this building under the transfer deed or other transfer document, on the results of an open competition and on the terms of the management agreement for this house. These persons are required to enter into a management agreement for this house with a management organization selected based on the results of an open competition. If within two months from the date of the open tender the owners have not concluded a management agreement with the management organization, such an agreement is considered concluded on the terms determined by the open tender.
14. Before concluding an agreement for the management of an apartment building between the person specified in paragraph 6 of part 2 of Article 153 of this Code and a management organization selected based on the results of an open competition, the management of the apartment building is carried out by the management organization, with which the developer must conclude an agreement for the management of the apartment building not later than five days from the date of receipt of permission to put into operation an apartment building.
14.1. In the event of termination of the use of the building as a rental house, the owner, who owns all the premises in the apartment building, makes decisions on issues related to the management of the apartment building in the manner established by Part 7 of Article 46 of this Code. In the event of the sale or otherwise alienation of the first premises in this apartment building, the owners of the premises in this apartment building, within one year from the date of sale or otherwise alienation of the first premises in this apartment building, must choose at a general meeting of such owners and implement a method for managing this apartment building .
15. The organization that supplies the resources necessary for the provision of public services is responsible for the supply of these resources of appropriate quality to the boundaries of the common property in an apartment building and the boundaries of the external networks of engineering and technical support for this building, unless otherwise established by an agreement with such an organization.
15.1. The regional operator for the management of municipal solid waste is responsible for the provision of public services for the management of municipal solid waste starting from the place of accumulation of municipal solid waste, unless otherwise established by the contract.
16. The person who is responsible for the maintenance and repair of common property in an apartment building, within the scope of providing these services, is obliged to ensure the condition of the common property in the apartment building at the level necessary to provide utility services of proper quality.
17. Management of an apartment building, in respect of which the owners of the premises in the apartment building have not chosen a method of managing such a house in the manner established by this Code, or the chosen method of management has not been implemented, a management organization has not been determined, including due to the recognition of an open selection competition as invalid management organization, carried out by a local government body in accordance with this Code, is carried out by a management organization that has a license to carry out entrepreneurial activities for the management of apartment buildings, determined by a decision of the local government body in the manner and under the conditions established by the Government of the Russian Federation. Such a management organization carries out activities to manage an apartment building until the owners of the premises in the apartment building choose a method of managing the apartment building or until the conclusion of an agreement for the management of the apartment building with a management organization determined by the owners of the premises in the apartment building or based on the results of an open competition provided for in Part 4 of this article, but no more than one year. The local government body, within five working days from the date of adoption of the decision to determine the management organization provided for by this part, notifies in writing all owners of premises in an apartment building about the adoption of this decision, about the terms of the management agreement for this building and about the conditions for terminating the management agreement with this management organization . An agreement for the management of an apartment building between the management organization and the owners of the premises in the apartment building is considered concluded from the date the local government body makes a decision to determine the management organization.
Housing Code of the Russian Federation.
Ask a lawyer a questionArticle 161. Choice of method of managing an apartment building. 1. The management of an apartment building must ensure favorable and safe living conditions for citizens, proper maintenance of common property in the apartment building, resolving issues regarding the use of said property, as well as the provision of utilities to citizens living in such a building. 2. Owners of premises in an apartment building are required to choose one of the methods of managing an apartment building: 1) direct management by the owners of premises in an apartment building; 2) management of a homeowners’ association or a housing cooperative or other specialized consumer cooperative; 3) management of the management organization. 3. The method of managing an apartment building is chosen at a general meeting of owners of premises in the apartment building and can be chosen and changed at any time based on its decision. The decision of the general meeting on the choice of management method is mandatory for all owners of premises in an apartment building. 4. The local government body, in the manner established by the Government of the Russian Federation, holds an open competition for the selection of a management organization, if within a year before the date of the said competition the owners of premises in an apartment building have not chosen a method of managing this building or if a decision has been made to choose a method of managing this the house was not realized. An open competition is also held if, before the expiration of the management agreement for an apartment building, concluded as a result of an open competition, a method of managing this building has not been chosen or if the decision made to choose a method of managing this building has not been implemented. 5. The local government body, within ten days from the date of the open competition provided for in Part 4 of this article, notifies all owners of premises in an apartment building about the results of the said competition and the terms of the management agreement for this building. The owners of premises in an apartment building are required to conclude a management agreement for this building with a management organization selected based on the results of an open competition provided for in Part 4 of this article, in the manner established by Article 445 of the Civil Code of the Russian Federation. 6. The local government body, no later than a month before the expiration of the term of the apartment building management agreement specified in Part 5 of this article, convenes a meeting of the owners of the premises in this building to decide on the choice of method of managing this house, if such a decision has not previously been made in accordance with part 3 of this article. 7. Any owner of premises in an apartment building may apply to the court with a demand to oblige local governments to choose a management organization in accordance with the provisions of Part 4 of this article. 8. The conclusion of an agreement for the management of an apartment building without holding an open competition provided for in Part 4 of this article is permitted if the said competition is declared invalid in accordance with the law. 9. An apartment building can be managed by only one management organization. 10. The management organization is obliged to provide free access to information about the main indicators of its financial and economic activities (in terms of the execution by such a management organization of management contracts for an apartment building), about the work and services performed for the maintenance and repair of common property in an apartment building, the procedure and conditions their provision, the cost of these services and works, as well as prices (tariffs) for utility resources necessary for the provision of utility services, in accordance with the information disclosure standard approved by the Government of the Russian Federation.
Article 162. Management agreement for an apartment building. 1. The management agreement for an apartment building is concluded in writing by drawing up one document signed by the parties. When choosing a management organization by a general meeting of owners of premises in an apartment building, a management agreement is concluded with each owner of premises in such a building on the terms specified in the decision of this general meeting. 2. Under an agreement for the management of an apartment building, one party (the management organization), on the instructions of the other party (the owners of the premises in the apartment building, the management bodies of a homeowners’ association or the management bodies of a housing cooperative or the management bodies of another specialized consumer cooperative), undertakes to provide services for a fee within an agreed period of time services and carry out work on the proper maintenance and repair of common property in such a house, provide utilities to the owners of premises in such a house and persons using the premises in this house, and carry out other activities aimed at achieving the goals of managing an apartment building. 3. The management agreement for an apartment building must indicate: 1) the composition of the common property of the apartment building in respect of which management will be carried out, and the address of such a house; 2) a list of services and works for 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 provided by the management organization; 3) the procedure for determining the contract price, the amount of payment for the maintenance and repair of residential premises and the amount of payment for utilities, as well as the procedure for making such payment; 4) the procedure for monitoring the management organization’s fulfillment of its obligations under the management agreement. 4. The terms of the management agreement for an apartment building are established the same for all owners of premises in the apartment building. 5. The management agreement for an apartment building is concluded for a period of no less than one year and no more than five years, and in the case specified in Part 5 of Article 161 of this Code, for a period of no less than one year and no more than three years. 6. In the absence of an application from one of the parties to terminate the management agreement for an apartment building at the end of its validity period, such an agreement is considered extended for the same period and on the same conditions as provided for in such an agreement. 7. Unless otherwise established by the management agreement for an apartment building, the management organization is obliged to begin implementing such an agreement no later than thirty days from the date of its signing. 8. Changes and (or) termination of the management agreement for an apartment building are carried out in the manner prescribed by civil legislation. 8.1. The owners of premises in an apartment building unilaterally have the right to refuse to execute a management agreement for an apartment building, concluded as a result of an open competition provided for in Part 4 of Article 161 of this Code, after each subsequent year from the date of conclusion of the said agreement if, before the expiration of such agreement, the general meeting of owners of premises in an apartment building decided to choose or change the method of managing this building. 8.2. Owners of premises in an apartment building, on the basis of a decision of the general meeting of owners of premises in an apartment building, unilaterally have the right to refuse to fulfill the management agreement for an apartment building if the management organization does not comply with the terms of such agreement. 9. Management of an apartment building, which is owned by a housing cooperative or in which a homeowners’ association has been created, is carried out taking into account the provisions of sections V and VI of this Code. 10. The management organization, thirty days before the termination of the management agreement for an apartment building, is obliged to transfer the technical documentation for the apartment building and other documents related to the management of such a house to the newly selected management organization, homeowners’ association or housing cooperative or other specialized consumer cooperative, or in the case of direct management of such house by the owners of the premises in such a house to one of these owners, indicated in the decision of the general meeting of these owners on the choice of the method of managing such a house, or, if such an owner is not indicated, to any owner of the premises in such a house. 11. Unless otherwise established by the management agreement for an apartment building, the management organization annually, during the first quarter of the current year, submits to the owners of premises in the apartment building a report on the implementation of the management agreement for the previous year.
Article 163. Management of an apartment building in state or municipal ownership. 1. The procedure for managing an apartment building, all premises in which are owned by the Russian Federation, a constituent entity of the Russian Federation or a municipal entity, is established accordingly by the federal executive body authorized by the Government of the Russian Federation, the state government body of the constituent entity of the Russian Federation and the local government body. 2. Management of an apartment building, all premises in which are owned by the Russian Federation, a constituent entity of the Russian Federation or a municipal entity, is carried out by concluding a management agreement for this building with a management organization selected based on the results of an open competition or, if such a competition is declared invalid in accordance with the law , without holding such a competition.
Article 164. Direct management of an apartment building by the owners of premises in such a building. 1. When an apartment building is directly managed by the owners of premises in such a house, contracts for the provision of services for the maintenance and (or) performance of repairs of common property in such a house with persons carrying out the relevant types of activities, the owners of premises in such a house conclude on the basis of decisions of the general meeting of the said owners. In this case, all or most of the owners of premises in such a house act as one party to the concluded agreements. 2. Contracts for cold and hot water supply, sewerage, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating) are concluded by each owner of the premises who directly manages the apartment building, in one's own name. 3. Based on the decision of the general meeting of owners of premises in an apartment building, directly managing such a house, one of the owners of premises in such a house or another person having authority certified by a power of attorney has the right to act on behalf of the owners of premises in such a house in relations with third parties, issued to him in writing by all or the majority of the owners of the premises in such a house.
Article 165. Creation by local governments of conditions for the management of apartment buildings. 1. In order to create conditions for the management of apartment buildings, local government bodies: 1) provide equal conditions for the activities of management organizations, regardless of organizational and legal forms; 2) may provide management organizations, homeowners’ associations or housing cooperatives or other specialized consumer cooperatives with budget funds for major repairs of apartment buildings; 3) contribute to improving the level of qualifications of persons managing apartment buildings and organizing training for persons who intend to carry out such activities. 2. Local government bodies and management organizations are obliged to provide citizens, upon their requests, with information about established prices and tariffs for services and work on the maintenance and repair of apartment buildings and residential premises in them, about the amounts of payment in accordance with these prices and tariffs, about the volume, on the list and quality of services provided and work performed, as well as prices and tariffs for provided utilities and the amount of payment for these services.