Studying the contract
First, you should carefully study the agreement concluded between the homeowner and the management company, HOA or housing office in order to know what you are entitled to.
The terms of the contract stipulate the scope and schedule of cleaning the access area.
All such agreements are drawn up in accordance with the standards for the technical use of housing stock.
The last such resolution of the State Construction Committee of the Russian Federation dated September 27, 2003. No. 170 determines the frequency of cleaning in the entrances of your home, on staircases and at garbage chutes. Also, such points are specified in GOST 51617-2000 “Housing and communal services. General technical conditions".
According to this resolution and GOST, mandatory daily cleaning includes:
- cleaning the waste receptacle chambers;
- cleaning the area near the garbage receptacle (necessarily wet);
- cleaning the elevator cabin of the entrance (also wet);
- wet sweeping of stairwells and landings of the first two floors.
The same document also indicates rarer types of work on the entrance and house.
Among them:
- washing window glass at home - once a year (usually in spring);
- washing stairwells and landings - 2 times a month;
- wet sweeping of stairwells and landings above the second floor - 2 times a week;
- wet cleaning of window sills and heating devices – 2 times a year;
- wet cleaning of walls, doors, lampshades, etc. – 2 times a year;
- Entrance cleaning – once a week.
This is the minimum amount of cleaning and washing the entrance, but these procedures can be carried out more often if this is specified in the contract.
Also in the resolution of the State Construction Committee of the Russian Federation dated September 27, 2003. No. 170 are written:
- requirements for the sanitary condition of staircases;
- frequency of ventilation of the room using vents, transoms, windows, ventilation shafts and ducts.
Next, we study the payment notice that arrives every month. It must contain a corresponding column in which the corresponding payment is indicated.
And the last point - photographs. Record poor cleaning of the entrance and violations of your rights. All this will be needed when applying to the Criminal Code, supervisory authorities or prosecutor's office.
What to do if the entrance is not cleaned and who should I file a complaint with?
You are probably wondering who is the organization that should clean your entrance? And everything is simple, any apartment building is under the wing of a management organization, which, in turn, must carry out various works to maintain the house and surrounding area in proper form.
What to do if utilities are not of good quality?
What rights does the Management Company have?
Do you receive receipts? So we take the receipt and look at the name of your management organization, whose forces should carry out regular cleaning of the entrance, and our entrance belongs to common property on the basis of clause 2 of the Decree of the Government of the Russian Federation of August 13, 2006 N 491, which includes premises that are not parts apartments that are not apartments and are intended to serve more than one residential premises or non-residential premises in a given apartment building, including common property that includes inter-apartment landings, stairs, elevators, corridors, strollers, attics, technical floors and other “goods” , all this is common property, which must be maintained in proper condition.
In what proper form and what does this mean?
We go to paragraph 10 of the Decree of the Government of the Russian Federation dated August 13, 2006 N 491 and read that common property must be maintained in accordance with the requirements of the legislation of the Russian Federation, including in accordance with the legislation on the sanitary and epidemiological welfare of the population, as well as in accordance with the legislation on protection of consumer rights. That is, common property must be maintained in such a way that it ensures safety for the life and health of citizens, and the management organization, by law, must ensure the safety of the property of individuals, as well as legal entities.
Where can I complain about poor quality tap water?
Garbage and dirt in the entrance in no way corresponds to the sanitary and epidemiological well-being of the residents of this building; moreover, the management organization must provide high-quality services to consumers, that is, residents, for a fee, so there is also a violation of consumer rights here.
Let us turn to another equally interesting document, namely paragraph 1.8 of the Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 N 170, which states that cleaning of common areas must still be carried out and you cannot argue with that.
But you are probably wondering how often cleaning should be done, how it should be done and with what frequency?
Your actions
Now, knowing your rights, you can start contacting the appropriate authorities. Where exactly?
First you should visit the Management Company (housing office, homeowners association). Perhaps, after a correct oral conversation, the cleaning situation will change for the better.
The next step is an official application (a sample form is not difficult to find if desired). A collective complaint always carries more weight, so it makes sense to go through the entrance and collect signatures from all the apartments.
It’s unlikely that anyone will refuse, because it’s not for him to run around with papers. As a last resort, you can write a complaint on your own behalf; it must also be accepted for consideration.
Don't forget to register your application! It would not be amiss to mention further actions if there is no response to this complaint.
After accepting your application, the management company is obliged to send a commission to check the timeliness and quality of the cleaning work performed at the entrance.
The management company (housing office, homeowners' association) may not admit its erroneous actions, wrongfulness or guilt. She may reject the claim or simply not consider it within the period established by law.
In this case, the solution will be to contact the State Housing Supervision authorities with a statement of an administrative violation. It is advisable to submit the claim in person. As a last resort, you can send it by registered mail with notification.
The application is drawn up in the same format as for the management company. State housing supervision authorities have the right to come with a corresponding check at a management company that is not fulfilling its obligations in good faith.
The last resort is to contact the prosecutor's office and court. According to Article 28.4 of the Code of Administrative Offenses, the prosecutor's office has the right to initiate a case after receiving the appropriate application (you already have a sample of it).
According to the decision, all shortcomings must be eliminated within 45 days. In addition, you can contact Rospotrebnadzor with a corresponding complaint; they are also authorized to conduct proceedings on this issue.
If the violation of cleaning the entrance has taken a catastrophic form and may cause harm to the health of residents, then an appeal to the Sanitary and Epidemiological Supervision Authority is allowed.
How to prepare a complaint about poor cleaning?
The easiest way is to write an appeal in electronic format. The required fields will appear automatically when creating a letter. Organizations will not accept anonymous letters in electronic format (Clause 5, Article 18 of Federal Law No. 8).
When sending a letter, you must provide the following information:
- FULL NAME.,
- telephone,
- address.
There will be no response if the request has already been considered.
Letters to any institution must be clearly formulated. It is also necessary to indicate the laws that were violated and the date the message was sent.
Application Form
A sample statement of violation of Article 7.22 of the Code of Administrative Offenses can be found on the Internet.
The main points of the statement are standard:
- the essence of the complaint;
- personal information of the applicant;
- exact address indicating the street, house, apartment and locality.
The period for consideration of the application cannot be more than 30 calendar days; this is stipulated in the relevant law.
Attention! There is a special sample application for filing complaints. Spontaneous applications written by hand are not accepted for consideration by either the Criminal Code, the Housing Office, or the state housing supervision authorities.
We write a statement according to the sample
- In the upper right corner we write down the addressee: organization (where the application is sent), position and last name.
- Next, we indicate who the application is coming from: full name, full address with zip code and, of course, a contact phone number.
- Then comes the phrase “Application for committing an administrative offense under Article 7.22 of the Code of Administrative Offenses “Violation of the rules for the maintenance and repair of residential buildings.”
- The next paragraph describes the essence of the complaint: in detail, with obligatory reference to legislation, regulations, resolutions, service agreements and other documents (to give weight to the complaint).
- Next comes a request to take appropriate measures: carry out an inspection, eliminate shortcomings, punish the perpetrators.
- The date must be written down and a signature must be placed.
- The application is accompanied by acts or conclusions (for example, Sanitary and Epidemiological Supervision or Rospotrebnadzor, State Housing Commission and others), photographs of the entrance and house (if available).
- The application must be completed in two copies. One copy remains in hand, and the second is transferred to the organization specified in the application.
- The application must be registered or, alternatively, the second version is marked with the date of its acceptance and the signature of the person accepting it.
- In case of refusal of the application for acceptance, it can be sent via mail by registered mail with notification or a valuable letter with an inventory.
Remember! You have every right to defend your interests and contact the appropriate authorities in case of poor cleaning. This is about taking care of your health and wallet.
Where to call, contact?
You need to contact the legal entities responsible for the situation, following the hierarchy.
Management of the management company
The appeal must be sent to the administration of the management company responsible for housing maintenance. The message must mention violations committed by the legal entity.
The message should mention that if there is no response, residents plan to send complaints to higher institutions.
Rospotrebnadzor
Employees of the authority must, on duty, supervise the management company. Rospotrebnadzor officials have the authority to solve such problems.
You can send a letter to the organization on the Rospotrebnadzor portal , through the “State Services” service. There is also a number by which officials receive requests (8-800-10-000-04).
You can call him at work. days from 10:00 to 17:00 (Moscow time). The telephone is unavailable between 12:00 and 12:45. Calls from the Russian Federation are accepted free of charge.
Housing Inspection (GZHI)
The organization is entrusted with the tasks of supervising the management company. You can send a complaint to the institution in three simple ways:
- On the Internet through the GIS Housing and Public Utilities portal, the website of the regional State Housing Institution (see in the search engine or 2GIS application).
- By mail to the address of the regional office of the State Housing Institute. You can clarify the recipient’s details on the inspection website, in the 2GIS help service.
- By phone. Contacts for communication are published in the 2GIS and Yandex.Maps applications.
You can also complain in person. The procedure, opening hours and address of meetings between representatives of the Civil Housing Inspectorate and citizens are published on the websites of regional authorities.
Self-cleaning
In some houses and apartments, cleaning the entrance is left to the discretion of the residents. They will clean up themselves or hire someone - it’s up to them to decide.
True, this point is spelled out in the agreement with the management company (housing office, homeowners association). Be careful when entering such an entrance or house. Even if you don't want to, you will have to accept the majority rules. If a hired employee cleans poorly, you have every right to fire him. If your neighbor doesn’t clean well, then all that remains is to politely talk to him, appealing to his conscience.
Remember! All actions and responses must only be legal and permitted by applicable regulations and laws.
You cannot demand anything beyond what is established, for example, daily wet cleaning of the entire entrance or sterility of staircases, unless this is specified in the contract. Be reasonable and don't over-ask.
