List of organizations for managing an apartment building: temporary management company

The procedure for managing apartment buildings

The basis on which the management of residential properties that are the state property of Russia, its entities and local government entities is carried out is determined by Article 163 of the Housing Code. The provisions in this article are an innovation for Russian housing legislation and, unlike Articles 16 and 17 of the previous code of 1983, which established a centralized management system for the housing stock, they offer a system that is adequate for market relations.

According to the new legislation, the management of an apartment building, the premises of which are state property, the property of constituent entities of the Russian Federation or local government structures, is carried out in the manner established by the relevant authorized bodies (state or executive power, local government structures).

The code does not contain detailed regulation of the management system of the housing stock at the state or local level through the definition of links at the local, regional or federal levels.

The Code establishes a blanket norm, which determines that the procedures for managing an apartment building, the premises of which are in city, regional or federal ownership, are established by the bodies specified in this norm. This allows each owner to personally determine the procedure for managing their own property, which will be optimal in a particular case.

What does the management of such a structure mean? This means that for state authorities or local governments, as well as state and other institutions that are responsible for the management of such an apartment building, certain instructions are established, contained in the relevant regulations. Such documents must define methods that will help achieve the management goals specified in paragraph 1 of Article 161 of the Housing Code.

It is important to note that despite the title of the article, it determines not only the procedure for managing apartment buildings, the premises of which are in state ownership or of constituent entities of Russia and local government structures, but also those residential properties in which the share of such property in general property rights is more half.

Document

• PDF
  121Kb

  Resolution of December 21, 2021 No. 1616

Introduced by the Ministry of Construction of Russia.

Federal Law No. 485-FZ of December 31, 2021, added a new rule to Article 161 of the Housing Code, according to which the management of an apartment building for which the owners of the premises have not chosen a management method or the chosen management method has not been implemented, or a management organization has not been identified, is carried out by a management company, which is determined by the local government. The procedure for determining a management company by a local government body is established by the Government of Russia. Such a management company will manage the apartment building until the owners of the premises choose a method for managing the apartment building or until the conclusion of a management agreement with a management organization determined by the owners of the premises or based on the results of an open competition, but not more than one year (hereinafter referred to as temporary management).

Specifics of the control object

Paragraph 1 of the commented article of the Housing Code determines the specifics of management facilities, the premises of which are the property of the Russian Federation. It consists in the fact that proprietary rights to such a structure belong to one public legal entity and no other person has proprietary rights to any premises in it, regardless of whether it is residential or non-residential.

There is no joint property in such a building; this is possible only in cases where there are two or more owners of premises that are individually identified. The presence of a general meeting of owners is also excluded. There were more such buildings on March 1, 2013 after free privatization was completed.

Consequences of expiration of the temporary management company

A period of 1 year is considered quite sufficient for the owners of real estate in an apartment building to have time to hold a general meeting to agree on controversial issues and choose a form of management. In this regard, the law is quite loyal and does not require 100% of the owners to participate in the meeting. Moreover, given the likelihood of owners living in settlements and regions located other than the location of their property, absentee voting is allowed.

This is important to know: Commercial proposal for managing an apartment building

Even these loyal demands are not always realized. After a year, the owners may not decide on the choice of management form. In this case, there is no automatic prolongation (extension) of management of the temporary management company assigned earlier. The cycle of selection (appointment) of a new temporary management company is carried out in compliance with the requirements for inclusion in the list of temporary management companies of the Moscow Region administration and an open competition. The number of periods during which a temporary criminal code can be appointed is not limited by law.

The new management mechanism for apartment buildings is aimed at maintaining continuity in the management of the common property of property owners in the building. Preventing its failure or bringing it into a state requiring repair.

Although responsibility for the common property lies with the owners who purchased real estate in the house, this awareness does not come to everyone immediately. It is during this “dark” period that temporary management of apartment buildings is introduced in the minds of residents.

Subject of property rights

The subject of proprietary rights in an apartment building, the premises of which are state or municipal property of Russia, can only be one person. Based on this provision, it becomes clear that the management of such a residential building is determined by the authorized federal executive body, state authority or local government, based on the provisions defined by the Housing Code. The powers of the bodies are determined by the Government of Russia.

This procedure is a replacement for the decision of the general meeting of owners of premises located in apartment buildings, to the premises of which various persons have proprietary rights.

The provisions of paragraph 1 of Article 163 do not apply to buildings that are owned by any public legal entity, municipal entity or individual. In this case, the governing body of the apartment building is its highest management body - the general meeting of premises owners, who must, in the manner prescribed by law, choose one of the possible management methods, which are specified in Article 161 in paragraph 2 of the Housing Code.

Implementation of management of temporary management company

In order to comply with the rights of property owners in apartment buildings, when appointing a temporary management code, municipal authorities must provide for:

• a list of services and work that will be carried out by the temporary management company for the maintenance, servicing and repair of the house. This list must be contained in the conditions of an open competition in which applicant management companies participate;
• the fee for the services provided by the temporary management company must not exceed the amount established by the local government body of the Moscow Region;
• ensure unhindered use of public services during the entire period of temporary management.

Management method of the management organization

The managing organization is a commercial structure or an individual entrepreneur, to whom, by decision of the owners of the premises, powers are transferred to manage joint property, create safe and comfortable living conditions for individuals and provide utility services.

In this case, the customer for the services of such an organization is the authorized structures on behalf of the Russian Federation:

• government bodies;
• regional government structures;
• municipalities.

Such a management structure is selected on a competitive basis. This is carried out on the basis of Government Resolution No. 75, which sets out the criteria by which the manager is selected.

Features of the selection process for a management organization in the case where the owner of the property is a state authority or local government:

• management of the management structure is the only possible method of management, which is predetermined by regulatory documents;
• such an organization is selected based on the results of an open competitive selection. If such selection did not take place - without holding a competition;
• The organizer of the competition can be either the state or local government bodies themselves, or an invited person with whom the corresponding contract has been concluded.

Once the management organization has been determined, a corresponding contract is concluded with it. In this case, the conditions for concluding such an agreement must be recorded in the tender documentation.

It should be noted that a special procedure has been developed by which the management organization is selected by local government structures. It is regulated by FH No. 94 dated July 21, 2005. In this case, the customer of the services is the local government structures/bodies that are authorized by them, or a legal entity that is engaged by the customer under the relevant contract to organize and conduct the competition.

A comment

• Commentary by Vitaly Mutko on the resolution of December 14, 2018 No. 1541 on changes in the procedure for holding open competitions for the selection of management companies for apartment buildings and the resolution of December 21, 2021 No. 1616 on the procedure for temporary management of apartment buildings for which the method of management or management has not been determined organization

The Housing Code stipulates that an open competition is held by a local government body in cases where a management method has not been chosen for a house within six months, if it is a new house, or if the management organization has ceased managing the house. The rules for holding such a competition were approved by Government Decree No. 75 of February 6, 2006.

The signed resolution approved the Rules for determining a management organization for the temporary management of an apartment building. In accordance with the Rules, the management organization for temporary management will be determined by the local government body from the list formed by this body. The list will include management organizations that have submitted an application to the local government body for inclusion in the list, and management organizations recognized as participants in an open competition. In this case, a necessary condition for the management organization to participate in an open competition will be its consent to be included in the list.

The established temporary management mechanism will ensure continuity of management of an apartment building in cases where the owners of the premises have not made the necessary decisions to manage the building.

Selecting a management organization

Paragraph 2 of Article 163 determines that there is one possible way of managing an apartment building if the share in the right of joint ownership of the joint property of the Russian Federation, its subject or local government structure is more than half. The only possible option is to manage a management organization.

It is established at the legislative level that the management organization is selected by the local government body based on the results of an open competitive selection, which was carried out in accordance with the Rules approved by Government Decree No. 75 dated 02/06/2006.

The rationale for this approach is that if the public part predominated in the right of joint ownership of common property in such a building, decisions on a larger number of issues that would be submitted to a vote of the general meeting of housing owners in apartment buildings would be predetermined from the very beginning. This provision would, in certain cases, limit the rights and legitimate interests of persons who own and live in dwellings of this type.

The requirement that the legislator puts forward for the method of selecting a management structure by announcing an open competition helps achieve the goal of ensuring equal conditions for the functioning of organizations of various forms of ownership (private, state, etc.). Individual entrepreneurs can also manage an apartment building, which is discussed in Article 163. The contract with the selected management structure must be concluded on terms that comply with the requirements of Article 162 of the Housing Code of Russia.

Experts give a positive assessment of the provisions contained in Article 163 of the Russian Housing Code. Their correct implementation will make it possible to stop the haphazard approach to maintaining the public housing stock.

Author of the article

Housing and communal services news

From January 1, 2021, apartment buildings for which a management company has not been identified may fall under temporary management . The draft government resolution was presented for public discussion by the Russian Ministry of Construction. As the ministry notes, a new mechanism is being developed to organize temporary management of apartment buildings (hereinafter referred to as apartment buildings) in order to properly maintain common property.

Moreover, temporary management of an apartment building is proposed to mean the management of a building for which the owners have not determined or implemented a management method, and an open competition held by local governments to select a management organization has been declared invalid.

It is planned that management in this form will be carried out by the management organization on the basis of decisions of local governments, the executive authorities of federal cities - Moscow, St. Petersburg, Sevastopol until the moment:

1. determining the method of managing the MKD;
2. concluding a management agreement for apartment buildings with a management organization determined by the owners of premises in an apartment building;
3. summing up the results of the open competition.

The Ministry of Construction of Russia assumes that in order to introduce external management, these authorities will issue an administrative document on the conclusion of a temporary management agreement. However, it is planned that the projected duration of such an agreement will depend on the date of the open competition to select a management organization and cannot exceed one year, even taking into account its possible extension.

In addition, among the mandatory terms of the contract, it is planned to establish: compliance of mandatory work and services for the maintenance and repair of an apartment building with the notice of an open competition for the selection of a management organization, as well as the amount of fees for the maintenance and repair of residential premises with the amount established by the local government body.

Activities for temporary management of apartment buildings are planned to be stopped in the following cases:

1. non-extension of the relevant agreement, despite the fact that the owners have not determined or implemented the management method, and the open competition held by local government bodies to select a management organization has been declared invalid;
2. adoption by the owners of premises in an apartment building of a decision on the direct management of an apartment building or election as a method of management by a HOA, residential complex or other specialized consumer cooperative (including until the expiration of the temporary management agreement);
3. concluding a management agreement for apartment buildings with a management organization determined by the owners of the premises in the building or based on the results of an open competition (including until the expiration of the temporary management agreement).

As the ministry explains, in cases where the owners of premises in an apartment building do not fulfill their obligation to choose one of the methods of managing the house (Part 2 of Article 161 of the Housing Code), and local authorities subsequently hold an open competition (Part 4 of Article 161 of the Housing Code) Code of the Russian Federation), which is declared invalid, part of the MKD still remains without proper management.

If the Procedure is approved, the authorities of the constituent entities of the Federation will need to bring regional regulations into compliance with it by January 1 of the next year. Public discussion and independent anti-corruption examination of the document* will end on November 24.

With the draft resolution of the Government of the Russian Federation “On approval of the procedure and conditions for determining a management organization for managing an apartment building, in respect of which the owners of premises in the apartment building have not determined or implemented a management method, a management organization has not been determined, including due to the recognition of an open competition as invalid on the selection of a management organization carried out by a local government body" and its materials can be found on the Federal Portal of Draft Regulatory Acts (ID 02/07/11-17/00074746).

Based on materials from the site https://www.garant.ru.