How can residents of an apartment building get their entrance repaired?

The management office repaired the entrance by decision of the general meeting

The management organization in Kemerovo received the minutes of the general meeting of owners with a decision on the current repair of the common property of the house - one of the entrances (Part 4.1 of Article 44 of the Housing Code of the Russian Federation). The protocol was signed by members of the counting commission and the chairman of the council of the apartment building.

The OSS protocol indicated that the repairs were being carried out at the expense of the owners. They had to pay an additional monthly fee to the management company until the amount spent on the work was fully repaid. The cost of repairing the entrance was 68,000 rubles. The management authority, in accordance with the decision of the OSS, included an additional payment in the bills for housing and communal services.

The owners called an extraordinary general meeting and refused to pay for the repairs. At this meeting, they learned about the OSS protocol according to which the management organization acted. It turned out that such a meeting was not held; the owners of the premises in the house did not know about it and did not vote.

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The court declared the minutes of the general meeting invalid

The MA refused to recalculate, since the previously submitted protocol was not challenged. One of the owners filed a lawsuit with the court demanding that the OSS protocol on carrying out repairs at the expense of the owners of the premises be declared invalid, and the repairs be paid for from the own funds of the Management Authority (Part 6 of Article 46 of the Housing Code of the Russian Federation).

The owners proved in court that they were not notified of the general meeting in accordance with Part 4 of Art. 45 of the Housing Code of the Russian Federation, were not present at it and did not vote on the stated issues. The Chairman of the Council of the MKD confirmed that the OSS was not carried out, and she signed the documents for herself and for the members of the counting commission.

The court declared the minutes of the general meeting of owners invalid, and the management company had to return the money to the owners that they paid according to additional charges.

What to do if the court declared the OSS protocol invalid
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The management authority is obliged to carry out routine repairs every three to five years.

After the OSS protocol on the ongoing repairs was declared invalid, the management organization sued the chairman of the board of the apartment building, demanding compensation of 68,000 rubles for the repair of the entrance.

The courts of first and appellate instances rejected the management organization's claim. Their decisions were based on the following arguments:

1. According to the terms of the agreement concluded between the management company and the owners of premises in an apartment building, the management organization is obliged, for a fee, to maintain and repair the common property of the house in proper condition (Part 2 of Article 162 of the Housing Code of the Russian Federation).

In this case, the amount of payment is determined in the amount that allows maintaining common property in accordance with the requirements of the legislation of the Russian Federation (clause 29 of the RF PP No. 491).

2. The proper condition of the common property of the apartment building is compliance with the characteristics of the reliability and safety of the house, the life and health of citizens, the safety of property, as well as respect for the rights and interests of the owners of the premises in the house (clause 10 of the RF PP No. 491).

To ensure such conditions, the management company must carry out house maintenance, inspections, control checks and routine repairs (Article 36 of the Federal Law of December 30, 2009 No. 384-FZ).

3. Routine repairs of entrances should be carried out every 3–5 years, depending on the physical wear and tear of the apartment building (clause 3.2.9 of the State Construction Committee Resolution No. 170 dated September 27, 2003).

4. All ongoing work for the proper maintenance of the common property of the apartment building is considered provided for in the management agreement. Management organizations are obliged to fulfill them, regardless of the presence of such a condition in the contract or the decision of the general meeting of owners (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 29, 2010 No. 6464/10).

Taking into account these requirements of the legislation of the Russian Federation, the judges found that the management organization was obliged to carry out routine repairs in the entrance at the expense of funds collected monthly from the residents of the building in accordance with the management agreement.

The court did not establish a cause-and-effect relationship between the forged protocol signed by the chairman of the House Council and the renovation of the entrance. Therefore, the judges rejected the management's request to recover from the chairman an amount of damage equal to the cost of repairs.

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Where and how to go to force the management company to make repairs to the entrance?

• The condition of many residential buildings requires updating.
• Therefore, homeowners are often interested in how to effectively force the management company that manages the apartment building to make repairs at the entrance .
• To understand this issue, you should clearly know who should do it at the legislative level .

What does the law say?

1. Refusal of the management company to carry out planned or routine work to bring the entrance into proper shape is common.
2. The management of the management company convinces gullible apartment owners that such an obligation is not a mandatory part of the authority of the management company.
3. However, this is a misconception, since adequately maintaining the condition of the entrance on the territory of the apartment building is the main task included in the list of its works .
4. Carrying out repairs in the entrances of residential buildings is the direct responsibility of the management company.

Resolution of the Civil Code for Construction No. 170 dated September 27, 2003 enshrines this norm. This document establishes the fact that work must be carried out at least once every five years .

In this case, the management company must carry out repairs even in the absence of this clause.

A separate payment, which is made from homeowners, may be charged for major repairs . This issue is regulated by Article 166 of the RF Housing Code.

You can search for evidence of the responsibilities of the management company to carry out the appropriate work on finishing the entrances of apartment buildings through a careful study of the contract .

The responsibility of the Criminal Code related to safe and suitable conditions for normal living is enshrined in Article 165 of the Housing Code of the Russian Federation. The second paragraph of this article brings greater specificity to the solution of this issue.

an article about what types of work are included in the “housing maintenance” article of the MKD.

Responsibilities of the management company in the field of renovation of apartment buildings

Representatives of the management company should inspect the entrances , and they also need to respond to complaints from apartment owners regarding the deterioration of the building. She must repair it and eliminate defects .

List of works

The list, which outlines the list of responsibilities related to the main tasks of the management company, includes the following actions:

• painting the railings;
• glazing replacement;
• painting ceiling spaces as well as walls;
• floor restoration;
• door replacement;
• lamp replacement;
• changing canopies near the entrance;
• restoration and replacement of elements from the garbage chute;
• replacement and restoration of mailboxes.

This list is standard. However, if additional work is required , for example to troubleshoot wiring problems, then a collective appeal .

In addition to repairing the entrance, the management company must perform the following work in the apartment building:

1. clean the local area , that is, monitor trees and shrubs, and cut them down as necessary;
2. carry out cleaning work on entrances ;
3. clean the facade of the building , that is, eliminate irrelevant advertisements and inscriptions on the walls;
4. monitor timely garbage removal ;
5. carry out roof repairs , as well as removing snow from its surface in winter;
6. engage in sewer cleaning ;
7. concluding agreements with various services, including the emergency dispatch organization;
8. carrying out cleaning activities in the basements of houses;
9. providing houses with utilities .

What are the responsibilities of the management company for the maintenance and repair of an apartment building? Read in the article.

How often?

The agreement between the apartment owners and the management company must indicate a rule for observing frequency.

The repair frequency is once every three to five years.

The frequency is selected in accordance with the type of building, which is enshrined in the Rules and Standards for the Operation of the Housing Stock . This rule is stated in paragraph 3.2.9 .

At whose expense are the cosmetic repairs of the entrances carried out?

• A separate sub-clause on repairs inside the apartment building entrance should be in the drawn up contract, but if it is missing, then it is recommended not to sign the document .
• If a contract is signed without a clause on further repairs, you need to appeal it .
• It is important to note that for residents, the repair procedure should not involve depositing funds, since they pay for the service of maintaining the housing stock.
• Major repairs are always paid separately .

What is included in the overhaul of an apartment building? Read our article.

Where to begin?

Homeowners who are thinking about renovating their entryway ask a number of questions.

They relate to actions that will force them to influence the actions of the management company and convince it that the restoration of the interior of the apartment building is not the task of the residents, but of the management company .

Studying the contract

1. Residents should read the existing contract and find out whether it contains a clause on the ongoing restoration of the entrance .
2. If it is registered, then you can contact the management organization and make a claim .
3. If the clause is missing , then it is possible to terminate the previously concluded agreement between the residents of the apartment building and the management company.

Read step-by-step instructions on how to liquidate a homeowners' association (MC).

Determination of the list of works

Specific types of work are determined by the general meeting .

However, the minimum maintenance requirements include:

• restoration of the condition of the ceiling and floor;
• restoration of wall covering;
• correction of window and door openings;
• glass renewal;
• replacement and repair of necessary equipment.

In addition to the main list of works that make up the repair of the entrance, there are separate types of activities that owners can include in the list.

For example:

1. repairs aimed at stair handrails;
2. replacement of lighting equipment;
3. restoration and replacement of doors.

Drawing up a management claim

After determining the specific list of work that the management company must carry out, a collective claim against the organization.

In order for it to be accepted and considered, the document must be drawn up in a certain form.

The claim is written in two copies . When writing, adhere to the written form. It should indicate the types of work that are required and the deadline for their implementation .

• An oral appeal or a telephone call will not be enough for a detailed consideration of the problem by the management company.
• Positive results can be achieved through a written claim, which is accepted and signed by an employee of the management company .
• Sample application for repair of the entrance to the management company.
• The claim is made according to the following scheme:

• A cap indicating the name of the management company and the initials of the applicants;
• Title of the document being submitted;
• A detailed description of the entrance, that is, its current condition;
• Specific requirements for carrying out repair work;
• Indication of deadlines;
• Affixing the date of application, as well as the signature of each person applying to the Criminal Code.

1. The claim will have more significance if it is drawn up and signed by many owners.
2. As an attachment to the claim, documents that are necessary to prove the correctness of the persons applying to the Criminal Code should be attached.
3. These include:

1. a copy of the claim, if it has already been submitted to the Criminal Code;
2. a copy of the submitted response, which was previously received from the management company;
3. a copy of the agreement that was previously concluded with the management company;
4. defective statement, that is, an inspection report of the premises;
5. a list of works that was compiled by the residents.

• Sample of a collective claim against a management company.
• Repairs at the entrance at the expense of the management company: step-by-step instructions in the video:

Actions in case of refusal of work by the management company

If a complaint was sent and a time frame was determined within which the Criminal Code was supposed to consider the complaint received, but no response was received, then measures should be taken .

Contact Rospotrebnadzor

Rospotrebnadzor cannot assess the level of work at the entrance, but this department is obliged to respond to unlawful actions by employees of the management company .

Such treatment is appropriate in the following cases:

• The claim has already been sent to the Criminal Code . The director of the management company responded by saying that repairs are already being carried out. However, no action was taken. He does not provide documents on conducting economic activities;
• If the director of the management company claims that the work has already been carried out in accordance with the deadlines, but refuses to provide information on Resolution No. 120. He claims that an application for repairs can only be submitted next year.

1. The complaint is reviewed within 14 days.
2. After this period, the applying citizen or the owners of the apartment buildings will receive a response in writing .
3. Sample application for the Criminal Code to Rospotrebnadzor.

Current repairs are carried out regardless of the decision of the OSS

Management organizations and homeowners' associations responsible for maintaining the common property of apartment buildings should not wait for residents' requests to carry out routine repairs or the decision of the general meeting of owners.

The MA should remember that:

1. Current repairs of the common property of apartment buildings should be carried out every 3–5 years (clause 3.2.9 of the State Construction Committee Resolution No. 170 dated September 27, 2003).
2. The obligation to carry out repairs is assigned to the management agreement and the norms of the Housing Code of the Russian Federation, No. 384-FZ, RF PP No. 491, Resolution of the State Construction Committee No. 170 and does not depend on the presence of a decision of the general meeting of owners of premises in the apartment building.
3. Carrying out current repairs, the financing procedure for which is defined in the management agreement, does not require an additional decision by the OSS. The obligation to carry out such work lies with the management organization, even if the owners refused to carry out routine repairs (appeal ruling of the Altai Regional Court dated 09/06/2017 in case No. 33-9061/2017).
4. The court, when considering claims against the management company for failure to carry out repairs, does not take into account the arguments that the organization began managing the house recently and all the defects and violations of the maintenance of the common property existed previously. These circumstances do not relieve the management company managing the house at the time the owner applied to the court from the obligation to carry out routine repairs (appeal ruling of the Altai Regional Court dated 09/06/2017 in case No. 33-9061/2017).

For improper maintenance of the common property of an apartment building, the management authority may be held administratively liable under Part 2 of Art. 14.1.3 Code of Administrative Offenses of the Russian Federation for operating an apartment building in violation of licensing requirements.

The courts also satisfy the owners’ demands for compensation from the management organization for moral damages and payment of a fine for refusal to carry out routine repairs under Art. Art. 14, 15, part 6 art. 13 No. 2300-I “On the protection of consumer rights” (decision of the Podolsk City Court of the Moscow Region dated September 28, 2017 in case No. 2-2453/2017, appeal ruling of the Altai Regional Court dated September 6, 2017 in case No. 33-9061/2017).

How to obtain repairs at the entrance from the management company, and what to do in case of refusal

Everyone wants to live in a decent and well-kept house, but many Russians do not know how to get the management company to repair their entrance. People dream of houses where plaster doesn’t fall on their heads and shards of glass don’t stick out of the windows.

List of works for repairing entrances

The repairs that the management company must carry out include:

• repair or restoration of flooring, plastering of walls and ceilings;
• replacing or repairing windows;
• restoration of mailboxes;
• repair of stairs and railings;
• replacement of electric lamps and repair of panels;
• repair of the porch, canopy and common entrance doors.

This is an approximate list of works. A detailed list for a specific house should be in the contract with the management company. Some work, such as roof restoration or basement renovation, is considered a major renovation and is financed by money that owners contribute to the Capital Improvement Fund.

Who is responsible for repairs at the entrance in Russia

The task of the management organization, which receives payment from residents every month, is to monitor the condition of the entire house. Repairs are carried out at the expense of money that the organization constantly takes from apartment residents. This means that there will be no charge for ongoing repairs.

Often in Russia it is very difficult to get the management company to make repairs at the entrance. Obligations must be noted in the contract, and if there is no such clause, then the contract was drawn up with violations.

In accordance with the law, repairs are required at the entrance every 3-5 years. It all depends on the building itself and the level of wear and tear of previous repairs. There is no need to conclude any additional agreements.

Repairs at the entrance from the management company: where to start

First, you should go to the management company with an application to carry out repairs. Initially, it is worth re-reading the contract to find out exactly what work is required.

You should also decide what exactly needs to be done at the entrance. It is likely that only some of the work will be required and not all of those listed. Next, a written application is drawn up with a list of work and deadlines. Here you need to be very careful, because if you don’t mention something, it will no longer be possible to add items to the list after sending the application.

Apartment owners, preferably all, must sign the text. The document is made in two versions. One is sent to the company, and on the second, the employee who accepted the application must indicate the registration number, date and signature.

The company is obliged to consider the application and give an official written response within 15 days. Ideally, workers from the management company come and draw up an act, after which they approve the list of work together with the residents. But in practice this happens very rarely.

What to do if the management company refuses to repair the entrance

In case of refusal, you can complain to the Housing Inspectorate and Rospotrebnadzor. The complaint must be in a statement format that describes the entire situation. Upon completion, a request is added to conduct an inspection of the management company’s work.

The following documents are attached to the application:

• a copy of the agreement with the management company;
• a copy of the application to the Criminal Code with a request for repairs;
• copy of the refusal;
• list of works that need to be organized;
• an entrance inspection report is mandatory.

If the appeal does not give a positive result, you can complain to the court or the prosecutor's office. It is also worth attaching copies of all documents to the claim. Most often, the courts support tenants in such situations, but this will take time.