Contract for the provision of public services: sample, form, download

The management agreement for apartment buildings is important for both parties: the residents of the apartment building and the management organization, because it regulates the relationship between them.

Only one organization whose activities are licensed (Part 1.3 of Article 161 of the Housing Code of the Russian Federation) can manage a house. Based on this provision, the management agreement is also concluded alone (Part 9 of Article 161 of the RF Housing Code). The management agreement for an apartment building is concluded on the terms that were determined at the general meeting of owners of premises in an apartment building and is the same for all owners of premises in the house (Part 4 of Article 162 of the Housing Code of the Russian Federation).

A management agreement for apartment buildings is concluded with each owner of the premises. Residents of the house, who have more than 50% of the votes of the total number of votes of the owners of premises in the apartment building, act as one party to the concluded agreement (Part 1 of Article 162 of the Housing Code of the Russian Federation).

Concluding a management agreement with minor owners
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Information about persons who have the right to enter into an agreement with the MA

Order of the Ministry of Construction of the Russian Federation No. 411/pr dated July 31, 2014 provides a list of persons who have the right to enter into an agreement with the management organization. This:

owners of residential and non-residential premises in apartment buildings;
HOAs, housing cooperatives or other specialized consumer cooperatives (if any);
persons who accepted the MKD from the developer after the building was put into operation on the basis of the commissioning certificate;
MKD developers.

According to paragraphs. " a " pp. 1.2 Sample terms of the agreement, to confirm the right to enter into an agreement with the MA you will need:

identification;
ownership of premises in an apartment building;
OSS protocols confirming the decision to select this management company;
protocol of an open competition for the selection of a management company (if held);
power of attorney (if the agreement is concluded by a person authorized by power of attorney).

Arguments of the plaintiffs when challenging the management agreement
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Types of utilities

In accordance with Decree of the Government of the Russian Federation of May 6, 2011 No. 354, the user is provided with the following types of public services:

Cold water supply. This includes providing drinking water. That is, the supply of water to residential and technical premises included in the total volume of the property, as well as to the standpipe, if the array is not provided with internal engineering systems.
Hot water supply. It is used for hygienic purposes.
Water drainage. This applies to the sewer system.
Supply of electrical energy.
Gas supply.
Heating.
Collection, transportation, disposal and disposal of household waste.

The types of utility services provided are reflected in more detail in the concluded agreement.

Frequency and terms of provision of services under the contract

The management company must begin its duties no later than 30 days from the date of conclusion of the agreement (Part 7, Article 162 of the Housing Code of the Russian Federation). The management agreement may specify a different deadline for the management company to begin fulfilling its obligations. The contract is concluded for a period of no less than 1 year and no more than 5 years (clause 1, part 5, article 162 of the Housing Code of the Russian Federation).

If the management company is selected based on the results of an open competition, then the management agreement is concluded for a period of no less than 1 year and no more than 3 years (parts 4 and 13 of Article 161 of the RF Housing Code) and within 10 working days from the date of approval of the tender protocol sent to the organizer.

The management organization selected based on the results of an open competition, within 20 days from the date of approval of the competition protocol on the official website, sends signed draft agreements for the management of apartment buildings to residents for signing on their part, in accordance with Decree of the Government of the Russian Federation dated 02/06/2006 No. 75.

If neither party sent the other party a written notice of termination of the contract upon expiration of its validity period, then it is automatically considered extended for a similar period and on the current conditions (Part 6 of Article 162 of the Housing Code of the Russian Federation).

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Legal regulation

The conclusion of an agreement for the provision of services of this nature is regulated by Decree of the Government of the Russian Federation of May 6, 2011 No. 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings.”

This normative act establishes the procedure for concluding an agreement, its content, validity period, and execution procedure. It also reveals the meaning of the basic concepts used in a transaction of this nature: in-house engineering systems, in-apartment equipment, homeownership, individual metering device, performer, collective (general house) meter, utilities, utility resources, room electric energy meter, non-residential premises in an apartment building home, consumption standard, general (apartment) metering device, consumer, distributor, resource supply organization, centralized networks of engineering support, degree of improvement.

It should be noted that in this case it is also necessary to comply with the rules defined by the Civil and Housing Code of the Russian Federation.

Also, issues of contractual relations of this nature are affected by the Decree of the Government of the Russian Federation of August 13, 2006 No. 491 “On approval of the rules for the maintenance of common property in an apartment building and 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 work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration" and Decree of the Government of the Russian Federation of September 23, 2010 No. 731 "On approval of the standard for information disclosure by organizations operating in the field of management of apartment buildings."

Responsibility of the parties to the contract

Residents of apartment buildings, based on a decision of the general meeting of owners, have the right to unilaterally terminate the management agreement if the management entity does not fulfill its obligations. Residents can also decide at a meeting to choose another management company or change the management method (Part 8.1 of Article 162 of the Housing Code of the Russian Federation).

If the basis for termination of the management contract was a serious violation by one of the parties, then the injured party may demand compensation for losses.

Residents of an apartment building have the right to unilaterally terminate the management agreement concluded following an open competition (Parts 4 and 13 of Article 161 of the Housing Code of the Russian Federation) after each subsequent year from the date of signing the document. However, this scenario is valid only if, before the expiration of this agreement, the general meeting of apartment building residents decided to choose another management entity or change the way they manage their home.

The management company is obliged to maintain and store technical documentation and other related documents for the apartment building during the entire period of managing the house. Technical documentation belongs to the residents of the house. In case of transfer of an apartment building to another management organization, the previous management organization is obliged to transfer the technical documentation to the new organization 30 days before termination of the contract.

Example of a contract for the provision of housing and communal services

To have more complete information about what an agreement for the provision of housing and communal services is, an example of a standard agreement should be given. The most common type of agreement in this area is an agreement with an intermediary organization. As a rule, this is a management company or HOA.

So, an agency agreement for utilities looks like this.

Contract for the supply of utilities No. __

Director of the Management Company (or HOA) _________________________ (name of the organization) Vladimir Sergeevich Ivanov, on the basis of the organization’s charter, in accordance with the rules of the law, hereinafter referred to as the “executor”, and citizen Vasily Ivanovich Petrov, hereinafter referred to as the “customer”, entered into this agreement among themselves about the following:

Subject of the agreement. On behalf of the customer, the contractor assumes responsibilities for the supply of utilities in order to provide the apartment located at ________________________________.
Responsibilities of the contractor: to carry out appropriate deliveries in accordance with the requirements of the law on the procedure for the supply of such services, including provisions for the technical operation of buildings and structures;
At the customer's request, we provide urgent work to correct technical breakdowns.

Customer responsibilities:

timely pay for the provision of utilities, including the supply of cold and hot water, heat supply, supply of sewer lines, waste and household waste disposal, maintenance of a residential building and adjacent area, agent remuneration no later than the 5th day of the new month;

carry out installation and testing of accounting equipment at your own expense;

provide access to the contractor's employees to the specified equipment to obtain current information from their indicators, as well as to technical equipment to troubleshoot problems and breakdowns;

send a notification to the contractor about the increase or decrease in the number of persons using the housing immediately upon their move-in or eviction;

use housing and other technical equipment in accordance with operating rules, as well as carry out timely repairs of sanitary and technical components;

at the expense of own funds, carry out repairs of technical equipment with the invitation of responsible specialists from the contractor, when required by law;

not to carry out various actions to reconstruct housing and change the technical component without the appropriate permission from the authorized body;

carry out routine repairs at your own expense at least once every 5 years;

immediately send notices to the contractor in the event of force majeure and reimburse the contractor for the costs associated with eliminating the force majeure.

Persons who use the corresponding apartment and are officially registered in it bear the same responsibilities as the owner, in addition, they bear subsidiary liability for the debts of the customer regarding the provision of utilities.

Payment procedure:

the calculation of payment for services is carried out by the contractor in accordance with the current tariffs established by government decree on the day of the calculation, taking into account the rates for the period of consumption;

if the customer violates the payment terms, then a penalty established by civil law will be charged for each day of absence;

when the customer systematically does not pay for the services (more than once), the contractor may terminate the supply by notifying the customer at least 5 days in advance.

Performer rights:

demand payment on time;

in situations determined by housing legislation, evict the customer or persons using the corresponding apartment with him;

carry out inspections of the technical condition of accounting equipment and technical elements of an apartment building.

Customer rights:

demand delivery in accordance with the rules specified in the legislation;

suspend the receipt of services, withdraw services from persons who are temporarily not using housing in the manner determined by law.

In the event of a legal relationship not directly regulated by these rules of this contract, related to legal relations in the form of provision of utility supplies (compensation, loans, etc.), the relevant legal norms are applied.

The agreement is considered to come into force from the date of signing and is valid until the party expresses a desire to terminate it.

Executor Customer

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Limitation period for housing and communal services payments

____________________ (name) _____________________ (full name)

____________________ (details) _______________ (passport details)

Painting____________________ Painting____________________

When drawing up an agreement with legal entities, an expanded list of conditions is used. This is based on the fact that legal entities need to comply not only with the established legal requirements for the operation of buildings and structures, but also with the requirements for the safety of production and the safe use of the provided utility supplies.