If the premises for the concierge are the property of the Russian Federation

Why do you need a concierge in an apartment building?

Until recently, a concierge could only be found in hotels or luxury residential complexes where residents could afford to pay for the work of such an employee. Now it can be maintained in almost any apartment building, and in certain cases funds are allocated from the city budget.

The decision to hire a door attendant and organize his work is made at a meeting of homeowners, and the initiative can come from both the residents themselves and the management company.

Based on the information provided, I report the following:

According to Part 1 of Art.
181.1 of the Civil Code of the Russian Federation, the decision of the meeting, with which the law associates civil consequences, gives rise to the legal consequences to which the decision of the meeting is aimed, for all persons who had the right to participate in this meeting (participants of a legal entity, co-owners, creditors in bankruptcy and other participants in a civil -legal community), as well as for other persons, if this is established by law or follows from the essence of the relationship. Therefore, the owners of premises in one entrance can decide at a general meeting to hire a concierge for the entrance, set the amount of the fee and appoint someone responsible for collecting money. You can also adopt rules for using the entrance.

However, such a decision of the meeting will only apply to those who voted “for” at the meeting.

According to clause 1, part 2, art. 154 of the Housing Code of the Russian Federation, the payment for residential premises and utilities for the owner of the premises includes a payment for the maintenance of residential premises, which includes a fee for services, work on managing an apartment building, for the maintenance and current repairs of common property in an apartment building. This is what is called “housing services”. Payment for housing services is mandatory for all owners and tenants of premises.

In the case of management of an apartment building by a management organization, the list of works and services for the management, maintenance and repair of common property (that is, housing services) in accordance with clause 2, part 3, art. 162 of the Housing Code of the Russian Federation is indicated in the management agreement.

Thus, what the owners of the premises of the same entrance agree on with each other will not be a housing service, but will be an agreement on concluding an agreement with concierges and the procedure for financing it. This agreement will apply only to persons who voluntarily accepted these obligations. Moreover, any of these persons will be able to unilaterally refuse concierge services in the future on the basis of Art. 782 of the Civil Code of the Russian Federation.

It will also not be a housing service if a general meeting of the owners of the building’s premises is held, where it is decided that residents will organize the hiring of concierges on their own and pay the fee directly, bypassing the management company. The direct conclusion of contracts between owners and executors, contractors is a sign of direct management - one of the three forms of management of apartment buildings (Article 164 of the Housing Code of the Russian Federation.)

Due to the fact that, according to Part 2 of Art. 161 of the Housing Code of the Russian Federation, owners cannot choose two or more methods of managing an apartment building; the possibility of using two management methods simultaneously - management of the house by a management organization and direct management of the house by the owners - is excluded.

The general meeting of owners of premises in the house can establish a fee for the concierge service as a housing service by instructing its management company to hire concierges on its staff, setting the amount of the fee for this additional service. This is what the owners of the premises of an apartment building did in the case described in the appeal ruling of the Moscow City Court dated March 4, 2015 in case No. 33-2865/2015. It would also be advisable to allow the management company to include a line about payment for concierges in a single payment document, provide for a procedure for indexing the fee and set a deadline from which the management company should begin providing the service. Money for housing services is paid to the management company on the basis of Part 7 of Art. 155 Housing Code of the Russian Federation.

You can decide to include a concierge booth as part of the common property. In this case, the management organization will be responsible for its condition. You can oblige the management company to carry out work on arranging the concierge’s workplace (of course, for additional money).

The scope of work and services that the management organization performs and provides is determined by the management agreement and cannot be less than the minimum list of work and services determined by Decree of the Government of the Russian Federation dated 04/03/2013 No. 290 “On the minimum list of services and work necessary to ensure the proper maintenance of the general property in an apartment building, and the procedure for their provision and implementation.” Consequently, the management organization is not obliged to provide services not specified in the management agreement or in the minimum list.

According to Part 8 of Art. 162 of the Housing Code of the Russian Federation, changes in the management agreement for an apartment building are carried out in the manner established by civil legislation, that is, in accordance with Art. 450 of the Civil Code of the Russian Federation - by agreement of the parties. This means that the owners have the right to decide to provide additional services, but the management company may refuse to provide services not provided for in the management agreement. In this case, the owners can, upon expiration of the contract, refuse to renew it and choose another management organization or convince the existing management company to conclude a new contract on new terms.

But if the management agreement provides for the provision of additional services by decision of the owners and the tariffs are not enslaving for the management organization, then the management company can be forced to ensure the availability of concierges without waiting for the end of the existing contract.

To eliminate opposition from the management company, it is better to agree with it before the meeting on the amount of fees for concierges and the timing of the start of the service.

If the general meeting makes a decision on additional housing in only one entrance, the costs of paying for them must be borne by the owners of the premises of the entire house in proportion to their share in the common property right. Otherwise it would violate Art. 249 of the Civil Code of the Russian Federation.

There is one more important point that needs to be highlighted. The concierge booth is installed in the entrance, which, according to Art. 36 of the RF Housing Code refers to the common property of the owners of premises in an apartment building.

According to Art. 247 of the Civil Code of the Russian Federation, ownership and use of common property is carried out by agreement of all its participants, and if agreement is not reached, in the manner established by the court. The decision on the use of common property falls within the exclusive competence of the general meeting of premises owners. The procedure for holding such a meeting is regulated by Art. 44-48 Housing Code of the Russian Federation.

It is better that the installation of the booth is authorized by the general meeting. Otherwise, the dissatisfied person, with some luck, will be able to get the booth dismantled through the courts.

Origin story

The first mentions of concierges go back centuries and date back to the 12th century. Initially, this word meant the person who was responsible for the constant burning of candles in the castle. He began to perform other functions much later.

The concierge, in the sense in which he appears to this day, appeared only at the beginning of the last century in the Grand hotel chain, after which these workers began to rapidly appear in hotels around the world.

The attentive attitude of the concierge towards regular hotel guests is a guarantee that the client will use the services of this particular hotel more than once.

How to organize the work of a concierge in a residential complex?

Image source: Laurie Photo Bank The issue of the quality of work of concierges in the house has always been controversial.

Some have the impression that a concierge is a slacker whose main occupation is watching TV and talking on the phone, while for others he is an important assistant. Why are some people satisfied with the work of their concierges, while others constantly complain about such employees? How to properly organize the work of a concierge in a residential complex?

I understood the intricacies of the issue. The house as a “security facility” No matter what they say about the uselessness of concierges, nevertheless, the main task of this employee is to control those who enter the entrance.

“The concierge lets residents in without hindrance, but stops visitors, contacts the desired apartment via intercom and, having received confirmation from the owners, opens the door to the guest. A good concierge knows his residents by sight,” says Leonard Blinov, deputy general director of the company.

“In addition, he will be the first to press the panic button.”

or will call the police if dubious individuals enter the house and threaten the property or health of the residents, continues Maria Litinetskaya, managing partner.

– Concierges are also involved in cleaning the hall, communicating with postmen and the local police officer, and informing residents about all the news of the complex.

It is from the concierge that residents can learn about a general meeting, water shutoffs, repair work, and public city hearings. In addition, it is through the concierge that the owners communicate with the management company.

Who hires a door attendant?

Payment for the concierge's work is most often made by the residents themselves. In some situations, this burden falls on the local budget, but for this, certain conditions must be met.

A special workplace must be equipped at the entrance, also from municipal funds, and there must be no video surveillance system. If these requirements are met, you can claim your right to help from the authorities.

An increase in the concierge's salary is possible only if the owners decide as a result of a house-wide meeting. The method and schedule for transferring funds are determined in the same way.

Sometimes there are single pensioners or low-income families at the entrance, for whom it is difficult to allocate even a small amount for general house needs, including paying for the maintenance of a concierge.

Often in such situations, residents of the house make a compromise by freeing low-income neighbors from spending money in exchange for temporarily performing the duties of an attendant, cleaning the area, decorating the premises for the holidays, or other assistance.

Alternative to a concierge

If it is not possible to equip a watch area, or residents at a general meeting spoke out against hiring an employee, you can consider alternative options for monitoring order in the residential complex. Among the most popular modern options are the following:

Modern smart home systems that allow you to monitor order at the entrance and in the local area. In addition to monitoring, such systems can automate all processes in the house, which will make people's lives much easier. If you choose this option, you will need to pay for the equipment, its installation and further maintenance.

A simpler option would be to install a video surveillance system, which will also help monitor order in the house. In this case, all residents of the house can have access to video cameras. And the recording is done centrally.

You can also install modern video intercoms to prevent unauthorized persons from entering the residential complex.

Main responsibilities

In each specific case, a job description is drawn up regulating the functions of the concierge. However, there is a basic list of duties that an employee must perform. It is from this list that you should start when writing instructions.

The concierge must:

1. Have a list of residents and know each of them by sight;
2. Be absolutely polite and restrained when communicating with both homeowners and visitors;
3. Monitor the maintenance of order in the entrance;
4. Have an understanding of all incidents and emergency situations;
5. Inform the relevant authorities about all violations that occurred in the house during his shift;
6. Monitor the work of utility services carrying out repairs of general equipment, check the documents of employees and those entering the house;
7. Keep a logbook in which all incidents and measures taken regarding them are entered;
8. Be vigilant and report to law enforcement agencies about all suspicious persons seen in the entrusted territory;
9. Transfer to the management company all complaints from residents and their wishes regarding improving the operation of all systems in the entrance;
10. Submit requests for minor equipment repairs;
11. Carefully monitor the loading of various large and heavy objects into elevators to prevent overloading and damage;
12. Prevent damage to public property and theft;
13. Monitor the integrity of locks on doors leading to the basement, attic and utility rooms;
14. Notify residents about the occurrence of socially dangerous situations;
15. Disseminate information about all decisions of the management company;
16. Monitor the timely cleaning of the entrance and surrounding area;
17. Exercise control over lighting systems both inside and outside the house;
18. Do a complete walkthrough of the area before starting a work shift;
19. Allow residents and guests to enter the entrance.

The job description often describes gross violations, the occurrence of which is unacceptable in the work of a concierge.

These include:

1. Disclosure of confidential information concerning any of the residents;
2. Being on duty while intoxicated (drugs or alcohol);
3. Long-term absence from work for unjustified reasons;
4. Unrestrained behavior leading to conflicts with homeowners.

List of concierge responsibilities.

Depending on the specifics of the job, the list of requirements may vary significantly. Among the most common requirements for an employee are the following:

• Keeping watch in the lobby, entrance and corridor and maintaining order in the assigned territory
• Passage of only residents of the house, prohibition of unauthorized persons entering the territory
• Registration of all outside visitors using identification documents
• Receiving mail for residents, storing keys to various rooms in the house
• Calling technical services to carry out the necessary repair work
• Monitoring the operation of the elevator and monitoring its correct use
• Communicating incoming information from utility services to residents
• Keeping a log of complaints and suggestions for improving the quality of service in the residential complex
• The concierge must monitor compliance with law and order in the residential premises and report all cases of offenses to law enforcement agencies
• If there is a concierge room, the employee must maintain order in it
• In luxury buildings, the concierge can deliver the latest newspapers to residents and help carry things into the car or purchases into the apartment

In addition to performing these duties, the concierge must be polite, cultured and attentive to residents. These qualities will not only help the employee perform his duties, but will also allow him to establish good relationships with people.

Other nuances of the duty officer’s work

It is advisable that the concierge have contact numbers for all residents.

This way he can inform them about emergency situations that occurred in their absence.

It is also important to have feedback so that the owners can inform the duty officer about their long absence, the reception of a large number of guests, the delivery of goods, upcoming repair work or the rental of housing.

In order for the concierge to fully perform his assigned duties, it is necessary to equip a full-fledged workplace, which should contain a telephone, a panic button, a bathroom and a minimum amount of furniture.

At the request of residents, the attendant's cabin can be supplemented with a small sofa and household appliances to ensure comfort.

Due to the fact that the duty officer must be at his workplace around the clock, at least two people are usually hired. The main requirements are respectful attitude towards residents and conscientious fulfillment of all official duties and job descriptions.

Concierge room

1. How should the concierge room, area, etc. be equipped?
2. Who has the right to seal the concierge room?
3. Should I, the owner of the basement, pay for a concierge?

If you find it difficult to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel telephone If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you 1. Who has the right to seal the concierge premises?

1.1. The premises belong to all owners of the house. Law enforcement agencies have the right. 2. How should the concierge room, area, etc. be equipped?

2.1. Hello, You can request this information from Rospotrebnadzor and the housing inspection, if we are talking about an apartment building. Regarding your question, it is difficult to understand what exactly you are talking about.

I wish you good luck and all the best! 3. Should I, the owner of the basement, pay for a concierge? 3.1. If this is a decision of the general meeting of owners, then as an owner they must.

4. We are located in a commercial premises on the 1st floor in an apartment building with a separate entrance. The entrance with a concierge, cameras and an elevator is on the opposite side.

The Criminal Code claims that they are required to pay for these items on the receipt. Is it so? 4.1. Yes, they should. Since all the residents of the apartment building pay for this, then you should too.

Possibility of refusing services

You can also refuse the concierge or nominate another candidate for this position at a general house meeting by a majority vote. It is better not to abandon the duty officer altogether if he performs his functions unsatisfactorily, but to change the employee.

The best indicator of a concierge’s performance is the results of his activities. A clean, tidy entrance, no problems with utilities and many other advantages indicate that the decision to hire him was necessary and timely.

How to hire a concierge?

If you want to hire a concierge, you can do this by making a decision at a general meeting of residents. To do this, it is enough to bring the issue to the next meeting and survey the residents of the apartment building about their consent to the lease. If the majority of residents agree to hire a concierge, you will need to document the decision in writing.

Based on the protocol drawn up, the management company or HOA sets a premium in the maintenance tariff and hires an employee. The management company will enter into an employment contract with the successful applicant and will also equip the watch area. In addition, you will need to draw up a document with requirements and responsibilities for employees, establish a work schedule and wages. Drawing up an employment contract with a residential building concierge is a prerequisite.