Features of managing a small apartment building with less than 12 apartments
Direct management of an apartment building by the owners of the premises is one of the key mechanisms for structuring a citizen’s community, which is regulated by Art. 164 Housing Code of the Russian Federation. Moreover, the approval of such a legal mechanism takes place at a general meeting of housing owners in multi-apartment buildings.
If we turn to practice, the direct management of homeowners is implemented to a greater extent in rural areas, where there is no serious multi-apartment development as such. And if such structures are erected, the number of premises in them rarely exceeds 12 residential apartments.
In such situations, residential property owners are not required to enter into an additional agreement with third-party contractors who will provide the full range of housing maintenance and repair services.
But if there are more than 12 apartments in an apartment building, then the decision-making procedure itself becomes more complicated, even if direct management is carried out. In particular, in order to approve the decision, it is necessary to collect more than 50% of the votes of all homeowners. Only in this case will such decisions be legitimate.
MINUTES N of the general meeting of premises owners on choosing a method of managing an apartment building located at the address:...
G. …
date of the general meeting
Time… Venue…
Present: Owners of premises according to the registration list: - owners of residential premises - ____% of votes; — owners of non-residential premises — ____% of votes.
Representative of the owner of residential premises in municipal/federal ownership of a city/other municipal entity/subject of the Federation Ivanov Ivan Ivanovich, power of attorney issued ... (date of issue, by whom issued)
Representative of the owner of non-residential premises located in the municipal/federal property of the city/other municipal entity/subject of the Federation Petrov Petr Petrovich, the power of attorney was issued ... (date of issue, by whom).
The total number of votes of owners of premises in a residential building is ...
In total, owners with ___% of the total number of votes were present at the meeting. There is a quorum.
The following are invited to the meeting: 1. Representatives of management companies: - ... Full name, power of attorney of the representative of the management company;
The following candidates are proposed for the chairman of the meeting and the secretary of the meeting: - Full name of the owner of the premises of a residential building; — Full name of the owner of the premises of the residential building.
Voting on candidates: for — ____; against - ____; abstained - ____
A decision was made: to elect the chairman of the meeting, Full Name 1, the secretary of the meeting, Full Name 2
Agenda
1. Selection of the counting commission. 2. Choosing a method for managing an apartment building. 3. Selection of a management organization (if this method of management is chosen by the general meeting). 4. Approval of the cost estimate for the maintenance and repair of common property for ... year, on the basis of which the amount of payments of each owner is established in proportion to his share of property. 5. Determining the location for storing documentation and reviewing materials on the topics of future meetings, as well as choosing the person responsible for these issues.
1. On the first question: the composition of the counting commission is proposed, voting according to the list (according to candidates).
Voted: for - ____; against - ____; abstained - ____
Decided: to elect a counting commission consisting of... people: - Full name1 (owner of premises No....); — Full name2 (owner of premises No....); - Full name3 (owner of premises No....).
2. On the second question, we listened to A.S. Pupkin’s report on what methods of managing apartment buildings are provided for by the Housing Code of the Russian Federation, and on the advantages of each method of management.
It is proposed: to choose the management method: a) management of the management organization; b) homeowners' association.
Voted: for choosing the method of managing the management organization - ____; against - ____; abstained - ____ for choosing the method of managing the homeowners' association - ____; against - ____; abstained - ____
The decision was made: to choose a method of managing an apartment building - a management organization
3. On the third question: - listened to T.R. Vasyukov’s report about the management organizations that offered their services. Speakers: representatives of management organizations present at the general meeting. The conditions they proposed for managing an apartment building were considered. Suggested: select a management organization LLC “Management Company”
Voted: for - _______% of votes; against - _______% of votes; abstained - ________% of votes.
A decision was made: to elect a management organization, LLC “Management Company”, and conclude an agreement with it for the management of an apartment building.
4. On the fourth issue: - proposals from the representative of the elected management company on the cost estimate for the maintenance of common property, on the basis of which the amount of payments of each owner is established in proportion to his share.
The approval of the proposed estimate was put to a vote. Voted: for - ________% of votes; against - ______% of votes; abstained - ________% of votes.
A decision was made: to approve the estimate proposed by the management organization, on the basis of which to set the amount of payments by the owners of the premises of the house for ... a year in the amount of ... rubles per 1 sq.m. premises area per month.
5. On the fifth question: - listened to P.A. Bulkin’s proposal regarding the storage location for the documentation of the general meeting (notices, messages, minutes, registers of owners, materials proposed for consideration by the meeting).
It is proposed: to store documentation at the address: ... At the same time, a candidate is proposed for the person responsible for storing documentation and ensuring familiarization with the materials of the owners of the premises - V. T. Bunin.
Voted: for - ____, against - ____, abstained - ____
We decided: to store the documentation of the meetings at the address: ____________ Set the time for familiarization with the materials of the meetings: from ___ to one o'clock. by days). Assign _______________ as the person in charge. The meeting is adjourned.
Chairman of the meeting: ______________________ Secretary of the meeting: _________________________
Application:
1) a list of premises owners present at the general meeting (registration was made before the start of the meeting); 2) the text of the message about the general meeting; 3) postal notification of delivery of a notice of a meeting to each owner / register of delivery of a notice of a meeting to each owner in person with the signature of the owner on receipt; 4) powers of attorney of representatives of owners who took part in voting at the general meeting
For links to other sample documents, see the article “ Minutes of the general meeting of owners of an apartment building. Samples of protocols, messages, bulletins , comments"
Provision of utilities under the direct management of apartment buildings by premises owners
Another important stage, if direct management is carried out by the owners of residential apartments, is the conclusion of resource supply agreements. In particular, this need is regulated by Decree of the Government of the Russian Federation No. 354. This regulatory legal act contains fundamental rules on how and in what volume utilities should be supplied from contractors if an agreement has been concluded with them on behalf of homeowners in the direct management of multi-apartment buildings. buildings.
The key feature of resource supply companies is to provide consumers with the full range of utility services in the proper volume and acceptable quality.
If there are any interruptions in electricity, gas, or water supply, then it is the utility contractor with whom a formal contract has been concluded on behalf of the homeowners who is responsible for such negligence.
In addition, the Rules for the maintenance of common property in an apartment building, namely in paragraph 42, indicate that persons who are responsible for the supply of utilities and other resources are directly responsible to the homeowners, and if a full supply of a full range of services is not carried out , then the persons will be held accountable to the law of the Russian Federation.
Identification of work contracts and paid services with a management contract
The provision of certain services by contractors can be carried out on various grounds. In other words, in each specific case a unique agreement is concluded, which contains the basic conditions and procedure for such actions on the part of the resource supply company.
But, despite this, in most cases, owners equate a contract with a contract for the provision of paid services, which is a serious mistake.
These types of agreements have key differences, which primarily lie in the subject of the agreement itself between the participants. In the event of litigation, even if the contractor should be held liable, the court may rule against the owners. This is due to the fact that the agreement will not contain comprehensive information about the subject of the agreement, therefore the document can be interpreted in any form.
Thus, it should be concluded that the identification of contracts can become a determinant of the court making a decision not in favor of the owners of an apartment building, which is almost impossible to challenge.
Decision making and the manager of an apartment building
Due to the fact that the managing structure of a multi-apartment building under the direct management of the owners of residential apartments is recognized as the general meeting of property owners, the power to make decisions is assigned to this body. If we refer to Art. 161.1 of the Housing Code of the Russian Federation, this legal norm states that the owners must elect the Council of an apartment building, which will include the home owners themselves.
It should be noted that this body is not subject to state registration with local self-government bodies or any other structure.
In this case, the number of persons who will be members of the management body is established at the general meeting of owners. An authorized person is selected from the total number of members of the Council, who is considered the manager of the apartment building.
The main power of the Council is not only to submit issues to the general meeting of owners that relate to repairs, maintenance, rules and regulations for the use of collective property, but also to make decisions based on the expressed wishes of apartment owners.
Author of the article
Making changes to the register of licenses of a constituent entity of the Russian Federation
The owners of premises in an apartment building have the right at any time to choose or change the method of managing the house at a general meeting, including choosing a new management authority (Part 3 of Article 161 of the Housing Code of the Russian Federation). The management agreement with the management organization must be signed by the owners who have more than 50% of the votes of the total number of votes in the house (Part 1 of Article 162 of the Housing Code of the Russian Federation).
The management authority manages apartment buildings on the basis of a license, information about which is contained in the register of licenses of a constituent entity of the Russian Federation. If the list of apartment buildings managed by an organization changes, it must, within five working days from the date of conclusion or termination of the management agreement, send this information to the State Housing Inspectorate body (part 1 of article 192, part 1 of article 195, part 2 of article 198 Housing Complex of the Russian Federation).
Before making changes to the register of licenses according to the application, the State Housing Supervision Authority checks the information provided in accordance with clause 5 of Order of the Ministry of Construction of the Russian Federation dated December 25, 2015 No. 938/pr. GZHI checks:
- completeness of the information provided in accordance with clauses 2, 3 of Order No. 938/pr;
- the reliability of the information and the absence of contradictions with the data already available in the license register;
- absence of litigation regarding the management of an apartment building;
- the fact of posting the information specified in the application in the GIS Housing and Communal Services in accordance with Part 2 of Art. 198 Housing Code of the Russian Federation.
If all conditions are met, then the GZHN body makes a decision to make changes to the register of licenses of a constituent entity of the Russian Federation (clause 8 of order No. 938/pr). Otherwise, consideration of the application is suspended or the supervisory authority makes a decision to refuse the applicant (clauses 7, 9, 10 of order No. 938/pr).
