RF Armed Forces: the old Criminal Code should not restore and transfer to the new Criminal Code the technical documentation for the MKD that it did not have

On the transfer of technical documentation when changing the management method (management organization)

Edited:
ANSWER:
In accordance with the Procedure for transferring management of an apartment building..., approved. by order of the Ministry of Construction of the Urals dated January 30, 2008 No. 16,

8. The management organization (housing association) that managed the apartment building before changing the method of management or management organization, after receiving a notification from the owners and notification to the Administration of the Moscow Region about the compliance of the documents submitted by the owners of the premises of the apartment building with the requirements of the law (or a court decision that recognized the decision of the owners as appropriate legislation): ... 8.2. checks the availability of technical and other documentation for preparation for transfer in accordance with the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491. 8.3. within the period no later than provided for in Part 10 of Article 162 of the RF Housing Code, the transfer of technical documentation is carried out according to the acceptance certificate, which, in addition to indicating the name of the transferred documentation, indicates its qualitative (original, copy, photocopy) and quantitative (number of copies) composition, numbers and dates of acts of transfer of this or that documentation. … 12. The management organization, which managed the apartment building before changing the management method or management organization, transfers, in accordance with the acceptance certificate, to the newly elected management organization (housing association, authorized representative of the owners) the following available technical and other documentation (information necessary for management )…

This procedure is advisory in nature.
It does not contain any obligations for the previous management organization to restore the registration certificate at its own expense. Further, such an obligation for the previous management organization is not contained in the Rules for the maintenance of common property in an apartment building. Moreover, in general, as part of the documentation for managing an apartment building, there is no technical passport, but there is, as part of other documents, “project documentation (a copy of the design documentation) for an apartment building, in accordance with which the construction (reconstruction) of an apartment building was carried out (if any )". At the same time, clause 27 of the Rules establishes that “responsible persons are obliged, in the manner established by the legislation of the Russian Federation, to accept, store and transfer technical documentation for an apartment building and other documents, to make necessary changes to them related to the management of common property.”

Therefore, I think that it is possible to oblige the previous management organization to restore the registration certificate for the house at its expense only if it can be proven that it did not fulfill its obligations to accept and (or) store this document. Otherwise, the new management organization will have to restore the documentation at the expense of the owners of the premises (costs are included in the management fee).

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Transfer of technical and other documentation to the MKD. What do you need to know?

Summary:

1. Transfer of technical and other documentation to the MKD.

2. Discussion.

MA, HOA, residential complex and housing cooperative are obliged to transfer technical and other documentation to the house if

(Clause 18 of the 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 apartment buildings):

-the general meeting of owners of premises in the apartment building decided to change the management method;

-the management agreement for the apartment building has expired;

-the management agreement for the apartment building was terminated ahead of schedule.

The procedure for transferring technical documentation and other documents related to the management of MKD when changing the control device or changing the control method is defined in Section. V Rules for the implementation of activities for the management of apartment buildings.

The specified documentation is subject to transfer in the composition provided for by the Rules for the maintenance of common property in an apartment building, approved. Decree of the Government of the Russian Federation dated August 13, 2006 No. 491. Documents to be transferred must contain information about the composition and condition of common property that is current at the time of transfer (clause 20 of the Rules for the implementation of activities for the management of apartment buildings).

The algorithm for transferring technical documentation is as follows.

First, you need to send a notification about changing the method of managing the MKD

(clause 18 of the Rules for the implementation of activities for the management of apartment buildings):

- to the organization that previously managed such a house;

- state or municipal housing control body.

The notification is sent within five working days from the day when the general meeting of owners decided to change the method of managing the house or terminate the management agreement.

The notification is sent to:

- authorized owner by decision of the general meeting of owners;

- the governing body of a homeowners' association or cooperative (when changing the management method of an apartment building to a homeowners' association or a cooperative).

The notice must contain:

-name and address of the organization chosen by the owners of premises in the apartment building to manage this house;

- information about one of the owners indicated in the decision of the general meeting of owners (when choosing a direct management method);

-requirement for the transfer of technical and other documentation to the MKD in accordance with the law.

Be sure to attach a copy of the minutes of the general meeting at which the decision was made to change the management method of the apartment building or management organization.

Secondly,

the organization that previously managed the apartment building is obliged to inform the person who sent the notification to it the date, time and place of the upcoming transfer of documentation.

Third,

It is necessary to arrange for receipt of documents on the specified day and at the specified address.

The date should be determined taking into account the fact that documents need to be transferred:

- no earlier than seven days from the date of sending the message (paragraph 1, clause 22 of the Rules for carrying out activities for the management of apartment buildings);

- no later than 30 days before the termination of the apartment management agreement (Part 10, Article 162 of the Housing Code of the Russian Federation; clause 19 of the Rules for the implementation of activities for the management of apartment buildings).

Receipt of documentation is formalized by an acceptance certificate, which indicates (paragraph 2 of clause 22 of the Rules for the implementation of activities for the management of apartment buildings):

- date and place of its preparation;

-list of transferred documents.

If there are disagreements between the parties regarding the quantity and quality of the documentation, it is necessary to reflect them in the act.

A copy of the act is sent to the GZHN body (municipal housing control body) within three days from the date of its signing by the transferring and receiving parties.

The documents must contain information that is current at the time of transfer about the composition and condition of the owner’s group of owners of premises in apartment buildings (clause 20 of the Rules for carrying out activities for managing apartment buildings).

Responsible persons are obliged, in the manner established by the legislation of the Russian Federation, to accept, store and transfer technical documentation for MKD (clause 27 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491 (hereinafter referred to as the Rules for the maintenance of common property in MKD) .

The absence or loss of the specified documentation cannot be grounds for termination of the obligation established by clause 27 of the Rules for the maintenance of common property in the MKD.

In this case, the technical documentation must be restored at the expense of the obligated person. This legal position is formulated in Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated March 30, 2010 No. 17074/09.

The interpretation of legal norms contained in this document is generally binding and is subject to application by courts when considering similar cases.

If the organization that previously managed the house does not have the necessary documents, it is obliged, within three months from the date of receipt of the notification, to take measures to restore such documents and transfer them under a separate acceptance certificate to the person who sent the notification of the transfer of documentation to the apartment building (clause 21 of the Rules carrying out activities to manage apartment buildings).

The organization that previously managed the apartment building and received the notification is also obliged to transmit current information about the owners and tenants of the premises, about persons using common property on the basis of agreements (by decision of the general meeting of owners), in electronic form and (or) on paper (clause. 19 Rules for the implementation of activities for the management of apartment buildings).

It is necessary to transfer citizen registration documents to:

- a new organization managing apartment buildings, if it is authorized by the owners to receive and transfer such documents to the registration authorities;

-owners of residential buildings or premises in apartment buildings under direct management;

-a person who performs the functions of receiving and transmitting registration documents to the registration authorities on the territory of the municipality.

If the owners of the premises have not authorized the organization managing the apartment building to receive and transfer registration documents to the registration authorities, the documents are transferred to the person who is vested with such functions on the territory of the municipality (MFC). Registration documents are also transferred to him if, during the direct management of the apartment building, the owners of the premises did not take on this function.

In case of refusal to transfer this documentation, the newly selected MA has the right to:

1) contact the bodies of the Civil Housing Authority with a statement of violation of the previous UO Rules for the maintenance of common property in the apartment building in terms of the transfer of technical documentation and bringing it to administrative responsibility under Art. 7.23.2 of the Code of the Russian Federation on Administrative Offenses;

2) file a statement of claim with the arbitration court to demand citizen registration documents from the previous MA.

Courts satisfy demands for the transfer of citizens' registration documents.

In Art. 7.23.2 of the Code of the Russian Federation on Administrative Offenses provides for administrative liability for obstructing the activities of management of MKD, expressed in refusal to transfer documentation to MKD or in violation of the procedure and deadlines for the transfer of these documents. This offense entails the imposition of an administrative fine:

-for citizens in the amount of 2 to 5 thousand rubles;

- officials - from 30 to 40 thousand rubles;

- legal entities - from 150 to 200 thousand rubles.

Source.

Housing Code of the Russian Federation;

Code of the Russian Federation on Administrative Offenses;

Rules for maintaining common property in an apartment building, approved. Decree of the Government of the Russian Federation dated August 13, 2006 No. 491;

Rules for the implementation of activities for the management of apartment buildings, approved. Decree of the Government of the Russian Federation dated May 15, 2013 No. 416;

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated March 30, 2010 No. 17074/09;

reference and legal system "ConsultantPlus".

Consulting housing and communal services/homeowners association/residential property management

V. The procedure for transferring technical documentation for an apartment building and other documents related to the management of this building 18. If the meeting makes a decision to change the method of managing an apartment building, the expiration of the management agreement for the apartment building or the early termination of such an agreement, the person authorized by the meeting, the management body of the partnership or a cooperative within 5 working days sends to the organization that previously managed such a house, as well as to the executive body of the constituent entity of the Russian Federation authorized to carry out regional state housing supervision, a local government body authorized to exercise municipal housing control (hereinafter referred to as the state housing supervision body (municipal housing control body), notification of the decision made at the meeting with a copy of this decision attached.

The specified notice must contain the name of the organization chosen by the owners of premises in an apartment building to manage this building, its address, and in the case of direct management by the owners of premises in such a building - information about one of the owners indicated in the decision of the meeting on choosing the method of managing the apartment building.

19. The organization that previously managed the apartment building and received the notification provided for in paragraph 18 of these Rules, transfers, in the manner prescribed by paragraph 22 of these Rules, technical documentation for the apartment building, other documents related to the management of the apartment building, as well as the information specified in subparagraph “ b" paragraph 4 of these Rules, an organization chosen by the owners of premises in an apartment building to manage this house, the management body of a partnership or cooperative, or in the case of direct management of an apartment building by the owners of premises in such a building, one of the owners specified in the decision of the meeting on the choice of method of managing the apartment building house, or, if such an owner is not indicated, to any owner of the premises in this house under the transfer and acceptance certificate no later than the period established by Part 10 of Article 162 of the Housing Code of the Russian Federation.

20. Technical documentation for an apartment building and other documents related to the management of an apartment building are subject to transfer in the composition provided for by the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491.

The documents to be transferred must contain information that is current at the time of transfer about the composition and condition of the common property of the owners of premises in an apartment building.

21. If the organization that previously managed the apartment building does not have one or more documents included in the technical documentation for the apartment building, other documents related to the management of the apartment building specified in the Rules for the maintenance of common property in an apartment building, approved by the Decree of the Government of the Russian Federation dated August 13, 2006 No. 491, which were transferred to it in the prescribed manner, such an organization is obliged, within 3 months from the date of receipt of the notification provided for in paragraph 18 of these Rules, to take measures to restore such documents and in the manner provided for in paragraph 22 of these Rules, transfer them under a separate act of acceptance and transfer of the organization chosen by the owners of premises in an apartment building to manage this house, the governing body of a partnership or cooperative, or in the case of direct management of such a house by the owners of premises in this building, one of the owners specified in the decision of the meeting on the choice of management method this house.

22. The organization that previously managed the apartment building, in any way that allows one to reliably establish that the message comes from the specified organization, as well as confirm its receipt, notifies of the date (no earlier than 7 days from the date of sending the message), time and place of transfer of technical documentation for an apartment building and other documents related to the management of this house, the organization chosen by the owners of premises in an apartment building to manage this house, the governing body of a partnership or cooperative, or in the case of direct management of such a house by the owners of premises in this house of one of the owners specified in the decision of the meeting about choosing a way to manage this house.

The transfer of technical documentation for an apartment building and other documents related to the management of this building is carried out according to an acceptance certificate, which must contain information about the date and place of its preparation and a list of transferred documents.

23. Any disagreements regarding the quantitative and (or) qualitative composition of the technical documentation for an apartment building and other documents related to the management of this building to be transferred are reflected in the acceptance certificate.
A copy of the act must be sent to the state housing supervision body (municipal housing control body) within 3 days from the date of its signing by the transferring and receiving parties. Decree of the Government of the Russian Federation of May 15, 2013 No. 416 “On the procedure for carrying out activities for the management of apartment buildings”