Decree of the Government of the Russian Federation of May 15, 2013 No. 416
(The section was additionally included from April 11, 2021 by Decree of the Government of the Russian Federation of March 27, 2018 No. 331.)
31. If the management of an apartment building is carried out by a management organization, it is obliged to disclose the following information by posting on an ongoing basis:
a) on signs located at the entrance to the representative office of the management organization:
name (company name) of the management organization;
address of the location of the management organization;
contact numbers of the management organization, email address;
operating mode of the management organization.
In case of change, the specified information is subject to disclosure within 3 working days from the date of change;
b) on notice boards located in all entrances of an apartment building or within the land plot on which the apartment building is located:
name (company name) of the management organization, license number, validity period of the license, information about the body that issued the said license, location address, including representative offices of the management organization, operating hours, information about days and hours of reception, address of the official website of the management organization (if available) on the information and telecommunications network “Internet” (hereinafter referred to as the “Internet”), the address of the official website of the state information system of housing and communal services on the Internet;
contact numbers of the management organization, representative office of the management organization, emergency dispatch service and emergency services of resource supply organizations;
notifications of upcoming work, equipment inspections, restoration work, and other events that may cause inconvenience for owners and users of premises in an apartment building or require the presence of such owners and users or their representatives in the premises of an apartment building at a certain time, indicating the time of such events;
notifications about changes in the amount of payment for residential premises and (or) utilities.
If the information specified in paragraphs two and three of this subclause changes, such information is subject to disclosure within 3 business days from the date of the change.
The information specified in paragraph four of this subclause must be disclosed no later than 3 business days before the date of implementation of the relevant activities.
The information specified in paragraph five of this subclause is subject to disclosure no later than 30 calendar days before the date of submission of payment documents to the owners and users of premises in an apartment building, on the basis of which payment for residential premises and (or) utilities will be paid in a different amount, unless a different period for informing the owners of premises in an apartment building is established by the apartment building management agreement;
c) on information stands (stands) in the representative office of the management organization:
name (company name) of the management organization, license number, license validity period, information about the body that issued the said license, location address, including representative offices of the management organization, operating hours, information about days and hours of reception, address of the official website of the management organization on the Internet “Internet” (if available), address of the official website of the state information system of housing and communal services on the Internet;
contact numbers of the management organization, representative office of the management organization, emergency dispatch service and emergency services of resource supply organizations;
step-by-step instructions on the procedure for installing an individual metering device;
information on the timing of payment for residential premises and (or) utilities, the consequences of late and (or) incomplete payment of such payment, on the mandatory and (or) recommended deadlines for transmitting meter readings to the utility service provider in accordance with the procedure and conditions for receiving such readings , which are established by the agreement containing provisions on the provision of public services;
information about the state housing supervision body (functions, name, address, contact phone number, last name, first name and patronymic (if any) of the head);
information on the sizes of prices (tariffs) to be applied when determining the amount of payment for residential premises and (or) utilities, and on the details of regulatory legal acts, decisions of the general meeting of owners of premises in an apartment building (if any), by which they are established;
information on standards for the consumption of utility services and standards for the consumption of utility resources for the purpose of maintaining common property in an apartment building, as well as in the event of a decision to establish a social norm for the consumption of electrical energy (power) in a constituent entity of the Russian Federation - information about the value of the established social norm for the consumption of electrical energy (capacity) for groups of households and types of residential premises;
information leaflet on the rules for the safe use of gas at home, information on the consumer’s obligation to enter into an agreement on the maintenance and repair of indoor gas equipment;
information memo containing information on the composition of the monthly payment for residential premises and (or) utilities, contact numbers of persons responsible for calculating payments for residential premises and utilities;
samples for filling out applications, complaints and other requests from citizens and organizations;
a stand with a list of works and services offered by the management organization;
information about places of waste accumulation, collection (including separate collection) of waste of I – IV hazard classes;
information on the rules for handling waste of I – IV hazard classes, the procedure for separate waste collection;
information leaflet on the rules for the safe use of mercury-containing lamps and devices;
notifications about changes in the amount of payment for residential premises and (or) utilities.
If the information specified in paragraphs two through fifteen of this subclause changes, such information is subject to disclosure within 3 business days from the date of the change.
The information specified in paragraph sixteen of this subclause is subject to disclosure no later than 30 calendar days before the date of submission of payment documents to the owners and users of premises in an apartment building, on the basis of which payment for residential premises and (or) utilities will be paid in a different amount, unless a different period for informing the owners of premises in an apartment building is established by the apartment building management agreement;
d) on the official website of the state information system of housing and communal services on the Internet, information provided for by the legislation of the Russian Federation on the state information system of housing and communal services.
32. If an apartment building is managed by a partnership or cooperative, they are required to disclose the following information by posting on an ongoing basis:
a) on notice boards located in all entrances of an apartment building or within the land plot on which the apartment building is located:
name of the partnership or cooperative, operating hours, address of the official website on the Internet (if available), address of the official website of the state information system for housing and communal services on the Internet;
contact numbers of the partnership or cooperative, emergency dispatch services and emergency services of resource supply organizations;
notifications of upcoming work, equipment inspections, restoration work, and other events that may cause inconvenience for owners and users of premises in an apartment building or require the presence of such owners and users or their representatives in the premises at a certain time, indicating the time of such events;
notifications about changes in the amount of payment for residential premises and (or) utilities.
If the information specified in paragraphs two and three of this subclause changes, such information is subject to disclosure within 3 business days from the date of the change.
The information specified in paragraph four of this subclause must be disclosed no later than 3 business days before the date of implementation of the relevant activities.
The information specified in paragraph five of this subclause is subject to disclosure no later than 30 calendar days before the date of submission of payment documents to the owners and users of premises in an apartment building, on the basis of which payment for residential premises and (or) utilities will be paid in a different amount;
b) on the official website of the state information system of housing and communal services on the Internet, information provided for by the legislation of the Russian Federation on the state information system of housing and communal services.
The chairman of the board of a partnership or cooperative or an employee who is assigned responsibilities by the internal documents of the partnership or cooperative for organizing interaction with the owners and users of premises in an apartment building, assists them in finding the necessary information.
33. The management organization, partnership, cooperative does not have the right to restrict access to disclosed information to the owners and users of premises in an apartment building, and are also obliged to ensure the safety of disclosed information in the places where it is located, provided for by these Rules.
Media containing information that has lost its relevance cannot be stored.
34. The management organization, partnership or cooperative provides, upon request (application) of the owners and users of premises in an apartment building:
no later than the day following the day of receipt of the request (appeal) - any information from the list of information subject to disclosure in accordance with paragraphs 31 and 32 of these Rules. If the requested information affects the interests of an indefinite number of persons and, in the opinion of the management organization, partnership or cooperative, is disclosed to the required extent in the manner specified in paragraphs 31 and 32 of these Rules, and is relevant at the time of consideration of the request (application), the management organization, a partnership or cooperative has the right, without providing the requested information, to indicate the location of the requested information. The specified message is sent no later than the day following the day of receipt of the request (application), and through the communication channels provided for in paragraph 35 of these Rules;
within no later than 3 working days from the date of receipt of the request (application) - written information for the periods requested by the consumer on the monthly volumes (quantity) of consumed utility resources according to the readings of collective (common house) metering devices (if any), the total volume (quantity) of the corresponding utilities consumed in residential and non-residential premises in an apartment building, volumes (quantity) of utilities calculated using utility consumption standards, volumes (quantity) of utility resources consumed for the maintenance of common property in an apartment building;
within no later than 3 working days from the date of receipt of the request (appeal) - information on the readings of collective (common house) metering devices for a period of no more than 3 years from the date of taking the readings;
within no later than 3 working days from the date of receipt of the request (appeal) - a copy of the act of causing damage to the life, health and property of the owner or user of premises in an apartment building, the common property of the owners of premises in an apartment building, containing a description of the damage caused and the circumstances in which such damage was caused as provided for by the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 No. 354;
within no later than 3 working days from the date of receipt of the request (appeal) - a copy of the act of violation of quality or exceeding the established duration of the break in the provision of services or performance of work, provided for by the Rules for changing the amount of payment for the maintenance of residential premises in the case of the provision of services and performance of management work, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491;
within no later than 3 working days from the date of receipt of the request (appeal) - a copy of the inspection report on the provision of utility services of inadequate quality and (or) with interruptions exceeding the established duration, provided for by the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 No. 354;
other information - within the period established by the relevant regulatory legal acts of the Russian Federation, the obligation to provide which by the management organization, partnership or cooperative to the owners and users of premises in apartment buildings is provided for by the legislation of the Russian Federation.
35. A request (appeal) can be sent by mail, electronic message to the email address of the management organization, partnership or cooperative, the state information system of housing and communal services, as well as with the owner or user of the premises in an apartment building, or through the concierge of the apartment building at home, if the concierge service is provided for in the apartment building management agreement, and is also expressed orally, including at the reception. The official response is sent through the same communication channels through which the request (appeal) was received, unless otherwise indicated by the applicant.
36. The period for responding to a request (appeal) from the owner or user of premises in an apartment building on issues not listed in paragraphs 31, 32 and 34 of these Rules is no more than 10 working days from the date the management organization, partnership or cooperative receives the corresponding request ( appeals).
37. A response to an individual or collective request (application) of persons who are not owners or users of premises in an apartment building (hereinafter referred to as the applicant) is sent to the applicant within 30 calendar days from the date of registration of the request (application). The management organization, partnership or cooperative may extend the period for consideration of a request (application) by no more than 30 calendar days if preparing a response requires obtaining information from other persons, notifying the applicant of the extension of the period for consideration. A notice of extension of the period for consideration of a request (application), indicating the reasons for such an extension, is sent to the applicant before the expiration of the 30-day period for consideration of the request (application) using the state information system of housing and communal services or in writing using a sending method that allows you to set the date sending or confirming the fact of delivery (receipt).
38. The managing organization, partnership or cooperative is required to store the request (application) and a copy of the response to it for 3 years from the date of its registration.
Rules for carrying out activities for managing apartment buildings and the Minimum list of services and works
Of course, the management authority does not have the right to fulfill obligations for the maintenance and repair of the common property of the apartment building anyhow. To regulate this point, there is another regulatory legal act - Rules for the implementation of activities for the management of apartment buildings (approved by Decree of the Government of the Russian Federation of May 15, 2013 No. 416) (hereinafter referred to as the Rules for the implementation of activities for the management of )
.
These Rules
contain not only the responsibilities of the management organization, but also the responsibilities of the apartment owners themselves.
In particular, the Rules
establish the procedure for holding a general meeting of owners, control over the implementation of decisions of the general meeting of owners and other issues.
As for the direct responsibilities of the management organization, according to the Rules for the implementation of activities for the management of apartment buildings
,
her responsibilities include:
1) organizing emergency dispatch service for apartment buildings, including by concluding a contract for the provision of services with an organization engaged in emergency dispatch service activities ( clauses 9-17 of the Rules
).
Emergency dispatch service can be carried out either by the OU itself or by a special organization with which the OU has entered into a corresponding agreement.
The emergency dispatch service must operate around the clock.
Who is the provider of utility services: HOA, management company or RSO?
The emergency dispatch service provides:
– immediate elimination of blockages in the intra-building engineering drainage system and garbage chutes inside apartment buildings;
– elimination of emergency damage to in-house engineering systems of cold and hot water supply, drainage and in-house heating and power supply systems.
In other words, if there is some kind of emergency in the utility networks of an apartment building, or another incident, for example, an apartment flooding, every resident should be able to call the dispatcher and call the appropriate specialists to troubleshoot the problem.
2) formation of a list of works and services for the maintenance and repair of common property in apartment buildings ( clauses 5-8 of the Rules
).
In accordance with Part 1 of Article 162 of the Housing Code of the Russian Federation
, when a management organization is selected 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.
The general meeting of owners must determine the list of works and services for the management of an apartment building, services and works for the maintenance and repair of common property in an apartment building, as well as the amount of payment for the maintenance and repair of residential premises.
In accordance with clause 5 of the Rules for the implementation of activities for the management of apartment buildings
, a draft list of services and works is compiled and presented to the owners of the premises by the management organization.
What services and work should the MA perform?
In accordance with Part 1.2 of Article 161 of the Housing Code of the Russian Federation
,
clause 3 of the Rules for the implementation of activities for the management of apartment buildings
, management is carried out in relation to each individual apartment building, taking into account the composition, design features, degree of physical wear and tear and technical condition of the common property, depending on the geodetic and climatic conditions of the location of the apartment building, as well as based on from
the Minimum list of services and works necessary to ensure proper maintenance of common property in an apartment building (approved by Decree of the Government of the Russian Federation of April 3, 2013 No. 290) (hereinafter referred to as the Minimum List )
.
At the same time, the contract with the management company may include additional services that are not listed in the Minimum List
services, but services from
the Minimum List
must be included in the contract.
The list of services, which is reflected in the agreement with the management authority, must also contain the volume, cost, frequency or schedule for the provision of services and the performance of work on the maintenance and repair of common property in an apartment building.
Minimum list
services and work necessary to ensure the proper maintenance of common property in an apartment building
includes the following sections:
- work necessary for the proper maintenance of load-bearing structures (foundations, walls, columns and pillars, floors and coverings, beams, crossbars, stairs, load-bearing roof elements) and non-load-bearing structures (partitions, interior decoration, floors) of apartment buildings;
– work necessary for the proper maintenance of equipment and engineering support systems that are part of the common property in an apartment building;
– work and services for the maintenance of other common property in an apartment building.
Because the list of services and works for each apartment building is determined taking into account the structural elements
and other features of the apartment building, the contract with the management organization may
not include
only such services from
the Minimum List
that do not relate to this apartment building. For example, if the house does not have an elevator, then the services for its maintenance in the contract will be clearly superfluous, and if natural gas is not supplied to the house, and all the residents have electric stoves, then servicing the gas risers is unlikely to be useful to anyone in the house.
All other services listed in the Minimum List
, are mandatory for inclusion in the agreement with the MA, and, accordingly, are binding on the MA.
Repair of entrances to apartment buildings by management companies: how to get it done, how much it costs
In accordance with clause 2 of the Decree of the Government of the Russian Federation dated April 3, 2013 No. 290
the requirements applied
by the Minimum List
apply to legal relations arising from management agreements for apartment buildings that arose after the day this resolution came into force (the document came into force on April 20, 2013).
That is, if an agreement with the MA was concluded earlier than this date, then the Minimum List
for such an agreement is not mandatory, if later, it is mandatory, and all items from the list related to your MKD must be fulfilled.
So, what management organizations should do is discussed in the Minimum List
. But as we noted above, the management agreement must also contain the frequency or schedule for the provision of services. What is the frequency of providing a particular service, or what is the maximum period for eliminating certain faults should the contract contain? Is there a document that sets regulatory deadlines?
There is such a document that establishes technical requirements for the maintenance of common property and deadlines - this is the Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170 “On approval of the Rules and Standards for the Technical Operation of the Housing Stock” (hereinafter referred to as the Rules and Standards for the Technical Operation of the Housing Stock )
, which we already mentioned above when we examined the letter from the Ministry of Construction.
However, the application of this document, or more precisely, its mandatory application, raises many questions.
The fact is that in accordance with Part 2.3 of Article 161 of the Housing Code of the Russian Federation
, management organizations must ensure proper maintenance of common property, in accordance with the rules and requirements established by
the Government of the Russian Federation
.
The rules and regulations for the technical operation of the housing stock, which, by the way, were approved even before the entry into force of the RF Housing Code
, are not a normative act approved by the Government of the Russian Federation.
In the above-mentioned Letter of the Ministry of Regional Development of the Russian Federation dated October 14, 2008 No. 26084‑SK/14
, and also in
the Letter of the Ministry of Regional Development of the Russian Federation dated October 15, 2010 No. 10992-08/IP-OG
it is stated that
the Rules and Standards for the Technical Operation of the Housing Stock, approved by Resolution of the State Construction Committee of Russia dated September 27, 2003 No. 170
, can be considered as an act of a recommendatory nature.
However, supervisory authorities, when bringing management organizations to administrative responsibility for improper performance of duties, recognize that the latter are bound by the above-mentioned Resolution of the State Construction Committee
. A similar opinion has been developed in judicial practice.
In particular, in the Decision of the Arbitration Court of the Irkutsk Region dated November 12, 2013 in case No. A19‑6285/2013
it is said that the arguments that
the Rules and Standards for the Technical Operation of the Housing Stock
are not approved by the Government of the Russian Federation and are advisory in nature cannot be taken into account.
Requirements and standards for the maintenance and servicing of housing stock are determined by Rules No. 170
, which are mandatory for execution by both owners of premises and management organizations.
This document lists what exactly should be included in the maintenance and maintenance of a house, and also indicates the parameters and conditions that, for the safety of people and the safety of a residential building, the building structures of this house must in any case meet, regardless of the wishes of the owners of its individual premises and inclusion their respective works and services into an agreement with the management company.
The management organization is obliged to provide favorable and safe living conditions for citizens, carry out actions for the maintenance and repair of common property or attract other persons to provide services and perform work on the maintenance and repair of such property.
A similar conclusion is also contained in the Resolution of the Fourth Arbitration Court of Appeal dated January 17, 2014 in case No. A19‑11723/2013
.
The court points out that the conclusions that the Rules and norms for the technical operation of the housing stock, approved by the Resolution of the State Construction Committee of September 27, 2003 No. 170
, are advisory in nature and are not mandatory for management organizations to perform when performing functions for maintaining houses, are rejected due to the following.
These Rules and Standards establish requirements for the maintenance and repair of residential buildings. By virtue of paragraph three of clause 1.1 of the Rules and Standards of Technical Operation,
these Rules define the requirements and procedure for maintenance and repair of the housing stock in order to ensure compliance with established standards for maintenance and repair by the owners of the housing stock or authorized managers and organizations of various organizational and legal forms engaged in servicing the housing stock .
Thus, we see a clear contradiction between the conclusions of judicial practice and the conclusions made in the Letters of the Ministry of Regional Development.
Please note that letters from relevant departments are not normative acts.
, i.e.
are not mandatory for use, but only reflect the official position of the department. Much more important is law enforcement practice, which reflects the approach of the courts to this problem. And the courts, as we see, recognize the binding nature of
the Rules and Standards for the Technical Operation of Housing Stock for management organizations.
Request for utility fee reconciliation
If the minimum list
answers the question
“What to do?”
management organizations that service apartment buildings, then
the Rules and Standards for the Technical Operation of the Housing Stock
answer the question
“How to do this?”
Rules and regulations for the technical operation of housing stock
contain a very voluminous list of requirements that management organizations must comply with.
For example, this document contains a list of work that the management organization must perform in preparation for seasonal operation of the house, how staircases, attics, basements, and the surrounding area should be maintained. In addition, the Rules and Standards for the Technical Operation of the Housing Stock
also contain regulatory deadlines for the completion of certain works, which the management organization does not have the right to change upward in the contract.
For example, the deadline for repairing roof leaks is 1 day. If your management does not fix the leak for weeks, then this is a reason to contact the relevant authorities, including the judiciary.
In general, in the Rules and Standards for the Technical Operation of Housing Stock
contains many interesting deadlines, if not met, it is necessary to demand from the management organization to reduce the cost of its services, because services provided were of poor quality. We will talk about this in more detail later.
Now we will give only some of the deadlines (from the moment of their discovery or the application of the residents, during which the management is obliged to take appropriate measures to eliminate malfunctions):
1. Replacement of glass in the entrance should be carried out no more than 1 day in advance in the winter season and no more than 3 days in advance in the summer.
2. Loss of connection of individual bricks with the masonry of external walls, threatening their loss - no more than 1 day (with immediate fencing of the danger zone). If, God forbid, such a brick falls on someone, or it falls on someone’s parked car, it’s the fault of the building department, which doesn’t look after the walls of houses well.
3. Short circuit in elements of the intra-house electrical network - take immediate action.
4. Malfunctions in the input distribution device associated with the replacement of fuses, circuit breakers, switches - no more than 3 hours.
5. Malfunctions in the lighting system of common premises (replacing light bulbs in the entrance) - no more than 7 days.
6 Removing ice and icicles - as necessary.
7. Washing staircases - at least once a month.
Rules and regulations for the technical operation of housing stock
are recommended for study by every apartment owner in an apartment building. All works are divided into blocks, so you can easily find those that interest you.
Many residents of apartment buildings, unfortunately, do not have information regarding the list of responsibilities of the management authority, and even more so do not know the requirements for fulfilling these duties. This leads to a lack of control over the activities of the management company, and, as a consequence, to failure to fulfill the obligations assigned to the management company by the agreement with the owners.
As we noted above, the MA fulfills its duties on the basis of an agreement concluded with each owner. In this case, one copy of the agreement must be kept by the owner of the premises, and the other by the management organization. If you do not have a copy of the agreement, you must contact the MA in writing and demand that you provide the agreement and all appendices to it. If you don’t have a contract, then how will you prove that you’re right if you don’t even have anything to refer to?
Note also that in one apartment building, the terms of the contract must be the same for all residents and must be approved by the general meeting when choosing a management method and a management organization.
How to make and implement the decision to carry out routine repairs correctly
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