What actions must be taken to terminate the contract with the management company or force it to work under a new contract?

Answered by Elena Ryakhovskaya, lawyer of the legal service “Unified Center for Protection”:

According to the law, the management company services only apartment buildings (MKD) and provides...
This service includes cleaning of staircases, elevator maintenance, cleaning of the adjacent area to the apartment building, etc. This service cannot be provided to you because your house does not consist of apartments, so your house cannot be managed by the management company. Most likely, your spouse has entered into agreements with resource supply organizations. And the services that you specify are most likely provided to you.

Which payments to SNT are mandatory and which are not?

How to solve problems with the management company?

In order to solve the problem, you need to find out what kind of resource you are paying for and for what needs. You may be billed for street lighting.

If the resource supplying organizations, according to the standard, charge you a fee for the consumption of a resource that you do not consume and cannot be consumed, since the networks or pipes, for example, to provide the resource are not installed or connected, the contract can be terminated and the debt, which actually no.

As a rule, such issues are always resolved through a claim procedure. Resource supply organizations rarely bring such cases to court.

Termination of the management agreement for apartment buildings at the initiative of the owners 2021

Most often, when a residential apartment contract is terminated, this means cancellation of the agreement with the management company. Usually it is the one that is given preference in this case when choosing a control method. Naturally, every management company has not only advantages, but also disadvantages. It is in the latter case that difficulties arise.

To cancel a contract, you need to be clear about when, on what grounds and who signed the original document, as well as what the termination procedure is. The answers to these questions are contained in the legislation of our country (Housing and Civil Codes). In addition, in some cases it will not be amiss to obtain explanations from the competent services and study the practice of the Arbitration Court.

It is worth immediately clarifying that there are not so many methods for canceling a contract:

For the reasons specified in the Civil Code (Article 450).
When it expired.
Due to the end of the obligation in the manner described in the Civil Code (Chapter 26).

The rules regarding the contract for the management of apartment buildings are set out in Art. 162 LCD. In accordance with its provisions, the agreement obliges one participant (the management company), on behalf of another participant (apartment owners, the board of the HOA, other management bodies), within the time specified in the agreement, for the fee established in it, to undertake responsibilities for:

maintaining the common premises and territory entrusted to him in proper condition;
timely completion of repair work;
provision of utility services to apartment owners;
conducting other activities aimed at the effective management of apartment buildings.

That is why the procedure for terminating the obligations assumed by the parties is also different. It would be a good idea to consider the two most common situations:

When a management agreement in which the homeowners and the management company were the parties is cancelled.
The parties to the transaction were the management company and the homeowners' association.

Any contract has the right to be terminated by one of those parties that was directly involved in it. This means that such parties to the transaction may be:

HOA;
Management Company;
owners of premises.

Naturally, their representative (or representatives) will act on behalf of the first two companies.

Due to the fact that there are quite a lot of owners in apartment buildings, the Housing Code provides a rule in this regard. In accordance with it, the management agreement is signed at a general meeting of home owners. Moreover, each of them must sign the document. This rule applies when the management company has allowed itself to significantly violate the terms of the contract. It’s easy to guess that since all the owners had to meet to conclude an apartment management agreement, then this will also have to be done to terminate it. This is the only way the owners of the premises will be able to express their decision.

by agreement of the parties, unless otherwise specified in the Civil Code, other acts or in the terms of the contract;
unilateral refusal of the MKD management agreement is possible solely on the basis of a court decision (usually this happens when one of the parties to the transaction has significantly violated its terms or for other reasons regulated by the Civil Code, other acts or clauses specified in the agreement);
when problems arose that could not be foreseen at the time of concluding the contract (unless otherwise stated in the terms of the agreement).

Let us consider in more detail each basis for the annulment of the MKD agreement.

Typically, interested parties try to foresee all possible situations in advance, therefore, in the terms of the contract itself, they include a clause that provides the opportunity to terminate the transaction with prior notification to the counterparty within a certain period of time. When an apartment management agreement is terminated early by agreement of the parties, the following nuances may arise:

If the initiator of the cancellation of the contract did not bother to provide a statement, then one of the provisions of Article 162 of the LC applies. Namely

Moreover, the first method very often happens much faster. In this case, further management is selected automatically - general house affairs will be handled by the HOA.

Based on the housing code of our country, the procedure for managing apartment buildings is established at a meeting of apartment owners, and can change at any time at their will.

So, if the meeting decided to change the charter capital, then the contract with the old company will be terminated (subject to notification). However, the law does not say anything about specific deadlines. Here it is worth relying on the provision that the old management company is given a period of 1 month after receiving notification for the transfer of technical and other documentation. You can focus on it or set the expiration date of the contract at a meeting of owners.

The object of the agreement can also be a management company elected by the local administration as a result of a competition. In this case, termination of the management agreement for apartment buildings on the initiative of the owners is impossible, even if they decided to change the management company. They have the opportunity to terminate the contract only one year after the contract was signed. If this is not done, you will have to wait another year. This requires owners to be fairly quick in making and implementing decisions.

For the management company, one of the main nuances is that if it does not receive an application for termination, the contract is still not renewed. In this situation, the administration has the right, no later than a month before the end of the old contract, to hold an open tender and thus select a new management company.

It is not always possible to terminate a management agreement for an apartment building without the participation of the court. Thus, in accordance with Article 450 of the Civil Code, one party has the right to demand termination (or modification) of the contract by court decision if the other party has committed significant violations.

By significant is meant such damage from the actions (or inactions) of one party to the transaction, in which the second lost what he counted on when concluding the contract.

Thus, the owners of residential premises have the right to refuse to fulfill the contract when the management company does not comply with its terms. Some of the most common violations are:

periodic delays in work required for MKD;
lack of a report from the management company on the fulfillment of the terms of the contract;
damage to the apartment building caused by certain actions (or inaction of the company).

In this case, termination of the contract through the court can be carried out only after the other party has refused the request to change the terms of the contract (or terminate it). If she did not give an answer at all, then you must wait one month before filing documents with the court.

Termination of a management contract for an apartment building at the initiative of the management company is much less common, but sometimes this happens. The contract can be canceled in this situation for the same reasons and in similar ways. In this case, the demand to terminate the agreement is sent to each apartment owner, and all agreements with the owners of the apartment building are subject to cancellation.

Most often, the reason for termination is the lack of remuneration from the owners for the work performed. Common property is indivisible property, so the owners are jointly and severally liable for it, which complicates the conduct of such cases.

In the event of cancellation of the management contract for apartment buildings, the owners have some advantage. In their case, it is much easier to interrupt the transaction than when the initiator is the management company.

Recently, we have been receiving more and more questions from management companies regarding whether they can unilaterally terminate the management agreement with the owners of premises in apartment buildings. And today we will try to analyze the situation and answer this question.

Not really. And now we will explain why.

According to Part 8 of Article 162 of the Housing Code, the change and/or termination of the management agreement for apartment buildings occurs in the manner prescribed by civil law. Article 450 of the Civil Code of the Russian Federation states that these actions are possible by agreement of both parties, unless otherwise provided by law.

This is interesting: What to do and where to call if the power goes out - reasons for the power outage 2021

BUT! A management agreement unilaterally terminated only by a court decision based on a statement from one of the parties:

in case of gross violation of the contract;
in other cases provided for by the Civil Code of the Russian Federation, other laws or an agreement.

There is another article of the Civil Code (Article 310 of the Civil Code of the Russian Federation), which prohibits the unilateral refusal of the management company to fulfill its obligations under the management agreement, except in cases provided for by law. These may include situations where the circumstances from which the residents of the apartment building and management company proceeded when concluding the contract have changed significantly.

Part 8.2 of Article 162 of the Housing Code provides for the right of owners of premises in apartment buildings to unilaterally terminate a management agreement based on a decision of the general meeting. But the main condition must be present here— the management company’s its obligations under the management agreement. In this case, residents of apartment buildings must decide to choose another management company or change the way they manage their home.

Summarizing all of the above, we can conclude that the law provides for a unilateral procedure for terminating the management agreement for apartment buildings only at the initiative of the owners of the premises in this building based on the decision of the OSS. As for the management company, it is not granted such a right.

It is clear that the owners of premises in apartment buildings demand termination of the contract with the management company when it poorly fulfills its obligations. But the management company may also want to terminate the contract with the residents of an apartment building, for example, when they have a large debt for housing and communal services or the owners of premises in an apartment building do not agree to an increase in the cost of services.

Also, the management company may need to terminate the management contract for apartment buildings if the prices of contractors’ services become more expensive, inflation rises, or crisis phenomena occur in the economy.

In some cases, when the management company failed to find a compromise with the residents of the house, the management agreement can be terminated by the company unilaterally if the terms of the agreement establish this right. An example is a situation where an apartment building has fallen into disrepair due to circumstances beyond the control of the management company and which it cannot change.

In other cases, unilateral refusal by the management company is not allowed due to the fact that the management agreement is a public document. From the provisions of part 5 of article 161, part 4 of article 162 of the Housing Code of the Russian Federation in close connection with article 426 of the Civil Code of the Russian Federation, it follows that the management agreement for apartment buildings is public for the management company in relation to the owners of the premises of the house. This follows from the fact that the conclusion of a management agreement for the residents of the house is mandatory if the management company is elected at a general meeting of owners of premises in the apartment building, and the conditions of the management agreement are the same for everyone.

From the ruling of the Constitutional Court of the Russian Federation No. 115-O dated June 6, 2002, it follows that there is a mandatory requirement to conclude a public contract if it is possible to provide the relevant services. This means that you cannot unilaterally refuse to fulfill your obligations if there is an opportunity to fulfill them. Otherwise, the legal requirement for the mandatory conclusion of a contract loses all meaning and legal status.

Summarizing all of the above, we can safely conclude that the law does not provide legal grounds for a unilateral refusal to execute an apartment management agreement at the initiative of the management company.

At the initiative of the management company, the contract can only be terminated in court, but under circumstances of a significant violation of its terms by the residents of the apartment building.

A violation of the terms of the agreement between the owners of premises in an apartment building is considered significant, which causes damage to the management company, depriving it of the profit it was counting on at the conclusion. The most common and striking example of such violations is the failure of the residents of the house to pay for the services of the management company 2 or more times in a row or the deterioration through their fault of the condition of the housing stock.

However, as judicial practice shows, today such cases are considered in courts extremely rarely due to technical complexity, since it is impossible to call all owners of premises in an apartment building as defendants at once. Therefore, management companies can only collect payment arrears from defaulters through the court, and at the end of the contract, refuse to prolong the contract.

The next difficult way to unilaterally terminate a management agreement for a management company is the method provided for in Article 451 of the Civil Code of the Russian Federation due to a significant change in circumstances. It applies if the parties have not reached a compromise in bringing the contract into compliance with significantly changed circumstances. Then the contract can be terminated by the court at the request of the interested party. In this case, the following conditions must be simultaneously met:

at the time of concluding the contract, the residents of the apartment complex and management company did not foresee that significant changes in circumstances could occur in the future;
the change in circumstances is caused by insurmountable reasons on the part of the interested participants in the process and the impossibility of their implementation after their occurrence;
execution of the contract without changing its terms will upset the balance of property interests of the parties and will entail serious damage for the interested party;
the contract does not imply that the risk of changes in circumstances falls on the shoulders of the interested party.
Residents of an apartment building or the management company can demand in court to determine the consequences of termination of this agreement in order to fairly distribute the costs incurred between them.

A claim for termination of the contract can be filed by the management company in court only after receiving a refusal from each owner of the premises in the apartment building to the corresponding proposal. Also, if the response is not received within the period specified in the proposal for termination, or, in the absence of a specified period, within a thirty-day period (clause 2 of Article 452 of the Civil Code of the Russian Federation), the Criminal Code has the right to file a claim in court demanding termination of the contract.

However, it should be remembered that if the management company suffered losses as a result of its business activities in managing apartment buildings, then this cannot be attributed to the essential conditions for terminating the contract. This was stated in the resolution of the Federal Arbitration Court of the North Caucasus District dated March 31, 2009 in case No. A632036/2008C316. The document states that the fact of the occurrence of losses itself is not grounds for termination of the contract.

Article 451 of the Civil Code of the Russian Federation also states that the mere fact that the management company is unprofitable as a result of the management of apartment buildings, in the absence of other circumstances confirming a change in the situation in the housing and communal services market, is not one of the reasons that allows unilateral termination of the management contract out of court.

In accordance with Parts 1 and 4 of Article 162 of the Housing Code, a management agreement for apartment buildings is concluded with each owner of the premises. Therefore, the contractual terms must be the same for everyone. Accordingly, all management contracts concluded by the management company with the owners of premises in the apartment building are subject to termination.

Therefore, if a management company takes over the management of any apartment building, it must keep in mind that it will not be able to unilaterally terminate the contract with the residents of the building. This means that in any case she will have to fulfill the obligations assumed under the contract for 5 years of its validity, and then refuse to renew it. Or it will take a long and painful time to seek termination through the courts. There are no other options or grounds for this action. Ksenia Terletskaya

This is interesting: How to pay for major repairs using a personal account via the Internet in 2021

Before considering the procedure for terminating a management agreement for an apartment building, you need to understand how it is concluded and what kind of relationship the parties may have. Houses are managed differently. Below is a table with the specifics of contract execution depending on the management mode.

A separate procedure applies to new houses. Here, a construction company can sign a management agreement with a management company before local authorities hold a competition to select a service organization. This is described in Part 14 of Article 161 of the RF Housing Code. Such an agreement is concluded for a period of no more than 3 months. When the competition is finally held and the management company is selected, the apartment owners undertake to enter into a management agreement with it.

In practice, municipalities are not always in a hurry to implement this rule, and new buildings continue to be managed by the management company of the developers. This violates the RF Housing Code, which means the situation can be challenged, although the practice of considering such cases in court remains controversial.

When they talk about terminating the management agreement for apartment buildings, in the overwhelming majority of cases they mean the residents’ dissatisfaction with their management company and the desire to change it. In this article we consider the opposite situation.

Let us note right away that the answer to the question of whether the management company can unilaterally refuse to manage the house is negative. The management company does not have the right, at its own request, in the absence of additional grounds, to stop working with the apartment building previously taken for maintenance. Here you need to focus on the following regulatory documents:

Part 8 of Article 162 of the Housing Code of the Russian Federation - says that the management agreement can be changed or terminated in the manner prescribed by civil law;
Article 450 of the Civil Code of the Russian Federation - allows such actions by agreement of the parties, unless the law provides otherwise.

1. Subject to agreement of the parties.

Article 452 of the RF Housing Code states that such an agreement is drawn up in a form similar to a management agreement. The same persons sign the paper.

The management company can realize its desire to abandon the house by reaching agreements with the residents. The management authority has the right to convene a general meeting and bring up the issue of termination of the contract. If such a decision is made at the OSS, it is recorded in the minutes and an agreement is signed with the owners. Consent must be obtained from more than 50 percent of premises owners.

The process of concluding an agreement will be somewhat simpler if the chairman of the house council has a power of attorney to sign the agreement, make adjustments and additional agreements to it.

The right to terminate the management agreement for apartment buildings unilaterally is granted by law only to owners of apartments and non-residential premises. The reason for this is the failure of the management company to fulfill its duties.

If the fulfillment of obligations is related to the conduct of business activities by only one party to the contract, then it cannot unilaterally refuse its obligations. This rule is enshrined in paragraph 2 of Article 310 of the Civil Code of the Russian Federation.

The grounds on which premises owners can refuse to fulfill the contract are given in Article 162 of the RF Housing Code (parts 8.1 and 8.2).

2. Through the court.

If there is no chance of terminating the management agreement of the management organization by agreement of the parties, then there is only one way left - to go to court. In accordance with the Civil Code of the Russian Federation, the MA may require termination of the contract concluded with it for the following reasons:

the other party has materially violated the agreement;
circumstances have changed significantly;
other cases specified in the contract occurred.

You must first try to resolve the dispute out of court. The management company initiating termination of the contract sends a notice to the other party. The answer to it is given within the period specified in the management agreement or specified in the text of the notice itself. It happens that this period is not defined anywhere in the cited sources. In this case, its standard duration will be 30 days. More details about the intricacies of unilateral termination of contracts are described in an article in the magazine “Management of MKD”.

If a response is not sent within a certain period of time or a refusal is received from the other party, then the initiator of termination of the management agreement for the apartment building can file a lawsuit.

The court will need to prove that the necessary measures were taken to resolve the dispute. To do this, you should show correspondence, letters of claim, notices, etc. This is the procedure that is determined for such cases by higher courts.

More details on how to seek termination of a management agreement for an apartment building through the court in all three situations (the terms of the agreement have been significantly violated, circumstances have changed significantly, other grounds have arisen) can be found in another article from our magazine dedicated to this very topic.

The reasons for terminating an agreement with a management company at the initiative of the management company may be different, some of them we indicated in the introduction to the text. The main problem is usually financial difficulties. For example, the management organization does not have enough funds to maintain the house due to an objective increase in the price of services and materials, and the residents do not agree on an increase in payment.

In other circumstances, the management company’s refusal to further maintain the house would be unlawful. The reason for this is the public nature of the management agreement. Its second party is a group of premises owners, the terms of the agreement are the same for everyone, and the conclusion of a management agreement for residents of apartment buildings is mandatory.

The Constitutional Court of the Russian Federation, in its ruling No. 115-O of June 6, 2002, says that it is necessary to conclude a public contract if it is possible to provide the appropriate services. This also implies a prohibition on unilateral refusal to fulfill previously assumed obligations, if the possibility of their fulfillment remains. If these conditions are not met, the meaning of the legislative requirements for the mandatory conclusion of such an agreement disappears, and it is also deprived of its legal status.

Unilateral termination of the management agreement for apartment buildings is possible only through the court. The Criminal Code does not provide any legal grounds for such actions.

Formally, management organizations can go to court if the maintenance of houses brings them losses instead of the expected profit due to the fact that:

residents do not pay for services;
the condition of the building suddenly deteriorated due to the fault of the owners or external forces independent of the management company, and so on.

However, practice shows that courts rarely take the side of the management company in such processes. This is explained by the technical complexity of the proceedings, the inability to involve all residents of the house as defendants and other circumstances. As a result, management companies usually solve problems by collecting debts through the court and waiting until the period of validity of the trust expires. To terminate the management contract due to the expiration of its validity period, it is sufficient to refuse to renew it. Often this is the way out of a difficult situation with an unprofitable object.

In the current conditions, management organizations, when starting to work with MKD, need to understand that they will not be able to refuse its service unilaterally. There can be three options for the development of events here:

obtain from residents an agreement to terminate cooperation ahead of schedule. This is no longer a unilateral termination, since the other party agrees to terminate the contract. This happens infrequently, because if there are no complaints against the management company, residents will not want to change it;
wait until the end of the contract, which is for 5 years, and refuse to renew it;
go to court, where it will take a long and difficult time to seek termination of the management agreement for the apartment building.

This is interesting: Which houses are suitable for maternity capital, requirements for the property in 2021

When working with some houses, management organizations do not get the expected results due to the passivity of residents and poor payment collection. In such a situation, it is problematic to maintain apartment buildings - there are not enough funds for it, and the owners do not show interest and ignore meetings. In such cases, management companies usually do not want to incur losses, so they look for ways to terminate the management agreement unilaterally. Before considering the issue of “Termination of the MKD Management Agreement,” you need to understand how it is concluded and what kind of relationship the parties may have. Houses are managed differently. Below is a table with the specifics of contract execution depending on the management mode.

Part 8 of Article 162 of the Housing Code of the Russian Federation - says that the management agreement can be changed or terminated in the manner prescribed by civil law;
Article 450 of the Civil Code of the Russian Federation - allows such actions by agreement of the parties, unless the law provides otherwise.

Article 452 of the RF Housing Code states that such an agreement is drawn up in a form similar to a management agreement. The same persons sign the paper.

The process of concluding an agreement will be somewhat simpler if the chairman of the house council has a power of attorney to sign the agreement, make adjustments and additional agreements to it.

The grounds on which premises owners can refuse to fulfill the contract are given in Article 162 of the RF Housing Code (parts 8.1 and 8.2).

the other party has materially violated the agreement;
circumstances have changed significantly;
other cases specified in the contract occurred.

In some cases, the termination of a management contract can be justified by the occurrence of force majeure circumstances. For example, if a house suddenly finds itself in a state of disrepair for reasons that are beyond the control of the management organization, and it is unable to change them, then the contract can be terminated by court. This is exactly the situation described in one of the journal articles cited above. In other circumstances, the management company’s refusal to further maintain the house would be unlawful. The reason for this is the public nature of the management agreement . Its second party is a group of premises owners, the terms of the agreement are the same for everyone, and the conclusion of a management agreement for residents of apartment buildings is mandatory.

Unilateral termination of the management agreement for apartment buildings is possible only through the court. The Criminal Code does not provide any legal grounds for such actions.

Formally, management organizations can go to court if the maintenance of houses brings them losses instead of the expected profit due to the fact that:

residents do not pay for services;
the condition of the building suddenly deteriorated due to the fault of the owners or external forces independent of the management company, and so on.

In the current conditions, management organizations, when starting to work with MKD, need to understand that they will not be able to refuse its service unilaterally . There can be three options for the development of events here:

You have read the article “Termination of the MKD management agreement at the initiative of the management company”

Other

Removal of bulky waste: rules and features 2021

Great article 0

Anatoly Pysin, General Director of the TsDN agency, answers:

Bonded, according to Art. 179 of the Civil Code of the Russian Federation, a transaction is considered to be on very unfavorable terms for one party. The party that entered into such a deal was aware of the consequences and was forced to do so due to an extremely unfavorable combination of circumstances, which the other party took advantage of. The validity of the transaction is determined by the court. In this situation, its formal signs are not visible.

Of course, if the management company demands payment for gas and electricity allegedly used on a site to which they are not connected, this is illegal. But, most likely, we are talking about paying a share in the consumption of resources for general needs, for example, street lighting, roads and security in the village or SNT, which includes this site. The degree of development of the site of the author of the question does not in any way affect the regularity of these payments.

I know of a precedent when an owner who owned a plot with a house not connected to communications tried to challenge the accounts of his management company, but lost in court twice.

Why do I pay fees if SNT has no infrastructure?

Do I need to pay contributions to SNT if I own the land?

Unilateral termination of the management agreement by the management company

According to Part 2 of Art. 310 of the Civil Code of the Russian Federation, a management organization carrying out business activities to manage apartment buildings does not have the right to unilaterally terminate the management agreement concluded with the owners.

The management company cannot refuse to provide services under the contract if it is possible to perform them (decision of the Constitutional Court of the Russian Federation dated 06.06.2002 No. 115-O). But it is still possible to terminate a management agreement with the owners, although it is very difficult: the management company can file a claim in court for early termination of the management agreement and prove that:

the circumstances from which the owners of the premises in the house and the management organization proceeded when concluding the contract have changed significantly (Article 451 of the Civil Code of the Russian Federation);
Residents of an apartment building significantly violate the terms of the management agreement, causing damage to the management company and depriving it of profit.

The management company may also terminate the management agreement unilaterally upon expiration of its validity period. This method of severing contractual relations with MKD is confirmed by the decision of the Federal Arbitration Court of the Moscow District dated 03/07/2013 in case No. A41-9806/12.

If you conclude a management agreement with the owners for a period of one year with the condition of extension, the management company, if necessary, can terminate the agreement unilaterally. The main thing is to specify in detail in the contract the procedure for canceling the contract: approve the template for notifying the owners, the methods and timing of its delivery and other important points.

Yulia Dymova, director of the Est-a-Tet secondary real estate sales office, answers:

You must understand that an agreement to purchase a plot of land is an agreement to acquire ownership rights. An agreement for the maintenance of a given land plot is a legal relationship that you have entered into with the relevant organization. The issue of termination of the second contract must be resolved first in a claim procedure, and then in court, providing appropriate argumentation.

The easiest way is to provide information that this transaction is enslaving, but the fact that this land is not used will look better and more significant, and the funds can be interpreted as unjustly obtained enrichment for this management company.

Elena Mishchenko, head of the city real estate department at NDV-Real Estate Supermarket, answers:

If you bought a plot and signed an agreement with the management company, then terminating it is virtually impossible. By analogy with an apartment: even if you have nothing there and do not live there, the total expenses of the village for garbage removal, electricity and other utility bills are divided equally among everyone.

If you are not satisfied with the tariffs, you can initiate a general meeting of owners in order to change the management company. But not paying won’t work either. You will be charged penalties, which you will still have to pay later.

Three critical nuances when purchasing a plot for individual housing construction

The site turned out to be a security zone - what to do?

Duration of the management agreement for an apartment building

After concluding a management agreement, the management company is obliged to begin work within 30 days (Part 7 of Article 162 of the Housing Code of the Russian Federation). The duration of the contract depends on the method of choosing the MA:

The management organization was chosen by the owners at a general meeting - the management agreement is concluded for a period of 1 to 5 years (clause 1, part 5, article 162 of the Housing Code of the Russian Federation).
The UA received the house for management based on the results of a municipal open competition - the contract period is from 1 to 3 years (clause 2, part 5, article 162 of the Housing Code of the Russian Federation).
The contract with the developer, as we have already written, is valid for no more than three months.

An MKD management agreement concluded for any of the specified periods is automatically extended for the same period with the same conditions, unless either party has declared in writing its termination (Part 6 of Article 162 of the Housing Code of the Russian Federation).