The editors of the portal site asked the leading speakers of management companies, owners of cottage villages and real estate agencies - how the life of the village is formed after its construction is completed.
The questions were answered:
, CEO UK Clever Estate
Editorial questions:
- What forms of management of cottage settlements are practiced in the Moscow region?
- What are the minimum and maximum cost living in a cottage settlement, from what payments is this amount formed?
- Do all residents of the village pay their bills on time? Is it possible to somehow influence non-payers?
- Many houses in cottage villages are empty for various reasons, provided that the village has large public areas and infrastructure development, who pays for the owners of such plots their fees?
- Are there any settlements that have internal rules and restrictions on the appearance of houses and plots? If so, how is it documented, who monitors compliance with these rules and how?
- What are the main problems in management cottage village you can highlight. Are there options for solving them?
General Director of Clever Estate Management Company.
Before answering this question, I must pay attention to one thing. Even if the village is positioned as a mini-city, as a replacement of urban housing with suburban housing, houses are built in it according to only one principle - according to the principle of individual housing construction. And this means that the rules do not apply to him Urban Planning Code Russian Federation in terms of technical standards of housing and providing residents with proper infrastructure. And from a legal point of view, "management of a cottage settlement" is a very conditional concept. Such a legal form - organized cottage settlements - does not exist. There is a voluntary association of citizens on one spot of development, that's what it is - a cottage village. The management and maintenance of the cottage village is based on a contract concluded with each homeowner.
2. I can’t say the minimum or maximum, there are many dependency factors, and a wide range of prices. And the average is. The total cost of living (utilities plus operating costs) in a cottage settlement is 15,000 rubles per month from home. In a townhouse - 8-9 thousand rubles. Utility costs are the same as in the city, this is a fee for the use of resources: gas-water-electricity. Operating costs are somewhat different from urban ones. These are street lighting, cleaning of the territory and garbage disposal, as well as clearing the territory of the village from snow. Another category of additional operational services include landscaping and general landscaping of the adjacent territory.
3. In different ways. Most still, on time. Still, a resident of a cottage settlement is more organized, more focused on his personal comfort. Since the homeowner concludes an operating agreement with the management company at the stage of buying a house, he understands his monthly amount expenses. And people are initially ready to pay for the fact that the environment in which they live is comfortable. But if someone refuses to pay, there is no leverage against them. Not very pleasant measures remain: blocking the road, stopping garbage collection, cutting off electricity, and so on. Only SNT has a good lever of pressure on non-payers, gardening associations. This is a legally organized unit, all members of the partnership have their own rights and obligations, everything is regulated by the rules. Unfortunately, this is not the case in cottage settlements.
4. There are common areas within the cottage settlement, the payment for their maintenance is divided among all residents. How more houses populated, the lower the cost of payment, and vice versa.
5. Rather no than yes, since all the houses in the cottage settlement are private history, individual housing construction. Theoretically, some restrictions are possible in closed club-type settlements, and even then it is unlikely. The more “closed”, “club”, “elite” the village is, the more difficult it is to urge its residents to comply with some rules and restrictions.
6. The main problems are the problems of non-payments. But this issue is solved in the ways that I have already mentioned above. But it must be said that this extreme measures. Basically, the management company still manages to urge non-payers to comply with the terms of the contract through negotiations with it. Another problem is the elimination of emergencies and breakdowns that occur due to improper laying. engineering networks and communications. It often happens that they are laid in violation of technology, and these problems manifest themselves during operation. For example, a cable break occurs due to the fact that when it was laid, subsidence of the soil was not taken into account. Or sewer systems stop working correctly due to the fact that the pipes were laid at the wrong angle, or an insufficient number of “storm drains” were made. Eliminates all these problems Management Company, sometimes assisted by local emergency services, and the costs are borne by the homeowners.
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, Project Manager at Vector Investments
More and more buyers are concerned about the issues of operation and its cost. Already during the implementation of the first Vector Investments project, the company began to think about this topic, attracted consultants from among external management companies. Unfortunately, we received cosmic figures for the cost of managing our settlements, in addition, we were offered inconvenient ways to collect funds from those who do not want to pay or are not in Russia. Therefore, the solution of this side of the issue fell on the developer, since none of the operators wanted to take on the relevant functions.
Country projects are most often considered in the segment from idea to implementation. This is a long process consisting of different stages (concept sketch, concept, design, construction, sales and finally full implementation). At the same time, it is somehow overlooked that even after the end of sales, the existence of the village does not stop at all. On the contrary, now the project lives a real life - however, already separately from the developer.
Responsible today is the developer who implements the project with high quality and on time, without deceiving the expectations of its customers in any way. But everything that happens after is, by and large, the responsibility of the villagers themselves.
At the initial stage of the project, the developer organizes an operating unit, whose activities are mainly aimed at maintaining the facility at minimal cost and servicing engineering structures in the village. Over time, as the project develops, the unit is connected to administrative tasks, from that moment we can already talk about the emergence of a management company. But even at this stage, there is still a long way to go before making a profit.
So the responsible developer most often brings the project to completion and transfers it to a professional management company (if its reputation allows it to attract professionals to the new village).
When the project is fully implemented, there are 2 main scenarios related to management and operation: a third-party management company works or residents manage the village on their own. In the first case, all operational, as well as a number of administrative functions is performed by a professional management company, which is involved in the project by the developer. The main activities of the management company in the village are the current maintenance of the village networks, providing round-the-clock security, maintaining and repairing roads within the village, maintaining cleanliness on the territory, removing and disposing of garbage, providing night lighting, organizing an emergency service, maintaining public areas, controlling administrative expenses.
In the second case, the owners of cottages or plots in the village, united in non-profit organization(HOA, housing or consumer cooperatives, etc.), independently perform the functions of a management company, hire appropriate personnel, and purchase inventory.
In any case, the owners must create an association of citizens to manage their village. As a rule, after the village is put into operation (up to this point, the developer company is in charge of the operation), the owners at the general meeting decide on the choice of the method of managing the village, i.e. for or against the involvement of a management company.
There is another option: sometimes a management company is created by the developer as a division that is part of its structure. However, this approach still remains an exception for the suburban market (the activity of its own management company does not bring a quick profit to the developer).
In our Istra Valley, all settlements, as well as all infrastructure facilities, are serviced by our own management company from the developer, which allows us to control the quality of our products throughout their life cycle, and not only until the implementation of each of the settlements.
If the management company in the structure of a development company serves several settlements on a common territory at once, the planned loss-making period can be significantly reduced, and profit can be made much faster. Plus, which is important, in addition to financial profit, the developer also increases his reputational capital. In fact, he does not distance himself from the fate of his settlements even after they are fully implemented, he leads projects throughout their existence (which, in my opinion, is a new level of responsibility to the buyer).
By the way, your own management company is also indirect evidence that the developer chooses high-quality materials and builds in good faith, since you will have to deal with the consequences of hack work yourself, whenever they appear. With this approach, the creation of its own management unit in the structure of the company “unexpectedly” turns out to be beneficial for the developer. So our decision to create the Vector Service Management Company, which serves the villages and infrastructure of the Istra Valley, is not just an indicator of responsibility to customers, but also a reasonable business decision.
Management Company services in settlements on the example of the Istra Valley (list of services, tariffs).
The benefit for buyers that the village is managed by the developer's own management company is not so obvious at first glance. Yes, residents will not have to deal with hiring staff, purchasing equipment, etc., but they will have to pay the Criminal Code for the fact that she will do it. The numbers can be quite round.
Another thing is if the same staff, the same fleet of service equipment is involved in the management and operation of several settlements, then the costs of the owners are reduced, and the savings in operating costs are noticeable.
In the villages of the Istra Valley, the cost of basic operating costs (such as round-the-clock security, night lighting, garbage removal and disposal, maintenance of roads and public areas, current and emergency maintenance of village networks, etc.) is 1.5-2 times lower than in market average. For example, in the village of Nikitskoye (economy class) payments are 2-3 thousand rubles per month, in Ecopark-Ushakovo (business class) - 4.5-5.5 thousand rubles per month, in (premium class) - 8-12 thousand rubles per month.
For comparison: on average, operating payments in elite settlements today they are 20-30 thousand rubles per month (and more - it depends on the set of infrastructure), in business class - 15-25 thousand rubles. These are normal, market figures; it is possible to reduce management and operation costs (and, accordingly, prices for owners) only by connecting the management company to the management of several projects in the same territory.
The main services provided by Vector Service:
- maintenance and cleaning of roads and common areas;
- maintenance of organized green spaces;
- cleaning of territories, garbage disposal and sanitary maintenance of places
- common use;
- organizing and holding community events;
- technical maintenance, scheduled and emergency repairs of community buildings
- engineering networks;
- issuance of approvals and permits for construction works in the villages;
- control over the progress of construction;
- taking readings from meters for the energy resources consumed by the owners, etc.
In addition to the mandatory options, Vector Service also provides additional services:
for the removal of garbage directly from the sites; repair and maintenance communications; uprooting, cutting and planting trees on plots, etc. In the future, we plan to organize a plant nursery in the Istra Valley so that the owners can choose and purchase them for landscaping their plots.
For a more detailed illustration - figures for expenditures in some villages of the Istra Valley.
Operating costs in the settlements of the Istra Valley::
- Nikitskoye (economy class) - 2-3 thousand rubles. / month
- Shelestovo (economy class) - 4.5 - 5.5 thousand rubles. / month
- Forest pier (business class) - 7-10 thousand rubles. / month
- Forest pier-2 (business class) - 6-7 thousand rubles. / month
- Ecopark Ushakovo (business class) - 4.5 - 5.5 thousand rubles. / month
- Lake District (business class) - 6-7 thousand rubles. / month
- Ushakovskiye Dacha (business class) - 7-10 thousand rubles. / month
- Quiet backwater (business class) - 5-6 thousand rubles. / month
- ZORINO ACTIVE RESORT, ZORINO SPORT VILLAGE (business class) - 6-7 thousand rubles. / month
- Lake Side (premium class) - 8-12 thousand rubles. / month
In general, I must say that minimizing the cost of managing and operating the village is an important task. The market is gradually developing, the buyer now understands that you can save not only (and even not so much) at the time of the transaction. It is important to prevent false savings - everyone has long known how to “save” by buying a plot without communications (so that the cost of summing up later may exceed the cost of the site itself).
The understanding came that “empty”, non-functional meters at the finishing stage can also cost a round sum (for example, 1500 USD per sq.m.)
The same is true with operating payments: people ask in advance what and how much they will have to pay for while living in the village. Gradually, people are also realizing that a developer who leads his project throughout its life cycle (invents, embodies and then manages what happened) is perhaps worthy of trust.
And, although for the time being, for the suburban real estate market, the appearance of its own management company in the structure of the developer remains an exception to general rule. But sooner or later the market will realize all the advantages of such a decision both for the developer and for the residents of the villages; and I am glad that we came to this understanding among the first.
Rubtsov Vadim Igorevich, Leading Specialist of the Realtor Company "Russian House of Real Estate"
1. Management in the village is carried out by the management company, which is created by the developer. Subsequently, the residents of the village can choose another management company.
2. Payments consist of a fixed part, which depends on the size of the plot (in our villages, 500 rubles per hundred square meters per month), which includes security, cleaning of the territory, repair and maintenance of infrastructure. Payment for gas, water, electricity is made by meters. Maintenance of the house 250-300 sq. m. costs from 15,000 to 30,000 rubles per month.
3. The main way to deal with non-payers is to turn off gas or electricity.
4. For unfinished houses or without finishing, such methods are not effective, and payments are redistributed among bona fide payers.
5. In many villages, the coordination of buildings with the architect of the village or the management company is mandatory. The buyer is obliged to conclude an appropriate agreement with the management company.
6. They exist in the form of an HOA to control the management company and make important decisions.
Dmitry Kotrovsky, Vice President of the development company "Khimki Group"
1. There are two main forms of management of organized cottage settlements (OKP). The first is the management company. In this case, homeowners hire a UK (choose it by tender or by mutual agreement). The second option is the creation of an HOA, when the owners themselves create a governing body, which includes the most active of them. The HOA usually consists of a leader (chairman), an accountant. Must be supervisory authority- the audit commission, which controls financial flows.
2. There is a lower limit of the norm - 23-24 rubles from square meter each house per month. This standard includes garbage collection, maintenance of networks and cleaning of the territory - cutting grass in summer, removing snow from roadways and sidewalks in winter. This figure can be about 50, 100 and even 200 rubles per month from 1 square. meters of the area of the house, it depends on what the tenants decide to include in the operating costs. This can be security with inspection at the checkpoint or patrolling the territory by armed guards, video surveillance, garbage removal from private property, cleaning paths and caring for plants in public areas (watering, fertilizing, cutting) in the summer, complete cleaning of the roadway from snow (to asphalt ), etc. If the village has a closed sports and social infrastructure, then its content significantly increases the burden on the budget of each individual household. This may be the maintenance of a tennis court (lighting, lawn maintenance), a football field, a swimming pool, etc.
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3. There is an opinion that buyers of expensive houses of large areas pay for living expenses automatically, perhaps for a year in advance, without creating problems for the HOA or the Criminal Code. However, this is not the case. Exactly big houses, as a rule, are non-payers, and not because they have no money, it's just that for them this is such a trifle that should be solved somehow by itself. Such owners may not live at all in their house, having bought it for status, investment, or children “for growth”. They or their representative appear once a year and the task of the HOA or the Criminal Code is to catch him and receive payments for the missed period. It is rare that all owners regularly pay mandatory payments and, as a rule, the management company or HOA are obliged to look for various options, to be cunning, because the whole village must be served, but not everyone pays. Imagine the situation: in a new village, street lights located at each house are connected on the street. And now some owners say that they do not need street lighting. What to do: turn on lights selectively at the houses of those who pay? And the street will be illuminated in places? But what about security issues?
Home owners are all different and many have their own vision fixed costs, because they have huge expenses associated with the repair of houses, landscape design, etc. Therefore, in the HOA it is important to work with the population, the authority of the chairman of the HOA, so that residents, in principle, can come to a consensus. If some of the owners do not pay mandatory payments, then the HOA posts lists of debtors, initiates the disconnection of houses from the networks, in the most extreme case, goes to court to collect debts.
4. Talking about general expenses, then it is, in fact, conscientious payers who pay for the malicious non-payers, because it is impossible to clean the road from snow and mow the lawn “in places”. Residents of the OKP can be divided into three categories: those who want to pay and pay because they understand that this affects the quality of life; those who want to pay, but cannot - because the expenses are not high for repairs or the house was bought with a mortgage. And those who do not want to pay, even having the opportunity.
5. In most organized cottage settlements, especially business class and above, there are a number of restrictions on changing appearance facades, roofs, even fences. Their observance is monitored by the HOA or the Management Company. In our residential complex"Olympic Village Novogorsk" buyer of home ownership at the stage of conclusion of the contract signs a number of regulatory documents that in the future will keep him in compliance with the general architectural concept of the village.
6. There are three main groups of problems.
- Untimely payment of operating expenses by the owners, as a result of which the HOA or the management company are forced to save or not fulfill a number of obligations.
- Defects on the part of the developer at the stage of the act of transfer finished object- very often the problems associated with the quality of construction fall on the shoulders of the management company or the HOA, while the developer must and can fix them.
- Organization of the work of the Criminal Code or HOA - transparency, activity, readiness for dialogue and compromise. Homeowners associations or management companies are, in fact, structures operating in the service sector. They provide services and receive a certain income for this. Their task is to strive to ensure that the services are performed with high quality, and the customer of the services is satisfied.
Irina Kalinina, CEO of the real estate agency TWEED
1. To date, there are two main forms of management of cottage settlements. This is either a management company with which residents enter into an agreement for the maintenance of the village, or an HOA. For example, in such settlements as Greenfield and Millennium Park, management functions have been transferred to special companies.
2. In the elite segment, the minimum cost of living in the village is 10,000 rubles per month, and the maximum is about 60,000 rubles per month. For example, in the village of "Rubin Estate" the price of maintenance is formed at the rate of 30 rubles per "square" area of the house. Thus, the owner of a cottage with an area of about 350 sq.m pays for utilities a little over 10 thousand rubles a month.
3. Unfortunately, not everyone pays on time. And even residents of elite settlements often forget to pay the required amount for the services of management companies. There are various measures to influence malicious non-payers - for example, they can block communications. A more radical option is to restrict entry into the village. That is, if the owner did not pay for the services on time, his guests may simply not be allowed into the territory of the village. Moreover, it is possible that the owner himself will not be able to drive to his house. Legally, this is not justified in any way, however, management companies resort to such measures.
5. Similar restrictions apply in many settlements, and especially in the premium segment. It is clear that if the village is strictly conceptual - for example, like Deauville and Trouville near Moscow - then the owner will not be allowed to build anything on the site, and all restrictions will be necessarily recorded in the contract for the sale of the object. As a rule, the management company monitors compliance with the rules for building and designing plots.
6. The main problem in the villages run by the owners of the houses is the inability to raise money for public needs. For example, if the HOA decides to place a new playground on the territory of the village, not everyone will want to “fork out”. That is, 100% of the amount is almost never collected, and this problem is relevant not only for inexpensive villages, but also in the elite segment too.
In the Russian legal field, a situation has developed in which the actually existing object "cottage settlement" does not have a legal definition and regulation. In accordance with this, there are no legal provisions regarding the Management Company in the cottage settlement.
Therefore, there are certain criteria by which it is legally determined that these buildings belong to individual houses.
Now it is customary to call the big cottage Vacation home, and a cottage village is a conglomerate of such houses located in the neighborhood. The lack of normative certainty in these allows us to talk about a kind of legislative vacuum around the development suburban construction. At the same time, a single plot of land is allocated for the construction of the entire village.
The cottage village also has a common area, where there is a common guest parking, a playground, village roads, street lighting, a metal fence, etc. In a cottage settlement, communications are most often common: electricity, water supply, sewerage, etc. All this can be either the common property of the owners of houses located on the territory of the village, or remain the property of the developer of the cottage village, who can sell it or transfer it to management.
Therefore, a cottage settlement can be considered a set of individual residential buildings located on a separate land plot, connected by a common communications and having its own infrastructure
The elements of a cottage settlement are: a land plot provided for a cottage settlement; individual residential buildings(cottages) with fixed land plots under the houses; common property of cottage owners (communications, roads, parking lots, etc.), and infrastructure.
According to Art. 7 of the Housing Code of the Russian Federation in cases where housing relations are not regulated by housing legislation or an agreement between the participants in such relations, and in the absence of civil or other legislation directly regulating such relations, housing legislation regulating similar relations is applied to them, if this does not contradict their essence. (an analogy of the law).
Courts considering disputes about management, maintenance of common property in a cottage settlement and payment utility bills, by analogy, apply the rules on apartment building. In the housing legislation, the issue of managing an apartment building has been worked out in detail. The courts extend this construction to the model of a cottage settlement, as a kind of “house”, in which cottages are “apartments”.
Residential property management of a cottage village is a professional organization of all the life processes of the village in order to ensure a comfortable stay for the owners of cottages.
The service includes managerial and organizational work, including:
Conclusion of contracts and control over the work of service organizations;
Doing contractual relations with resource-supplying organizations;
Interaction government agencies authorities local government and participation in various commissions;
Analysis of the work of all organizations serving the facility in order to optimize the costs of owners;
Optimization organizational structure management and maintenance;
Work with owners on all issues, ensuring favorable and safe living conditions for citizens, resolving issues of using common property.
The management of the cottage settlement should ensure: favorable and safe living conditions for citizens, proper maintenance of common property in the cottage settlement, resolution of issues related to the use of the said property, as well as the provision of public services to citizens living in houses on the territory of the settlement.
Owners of houses located on the territory of a cottage settlement, using the rights of homeowners, can conclude an agreement with a management company, create an HOA or LCD (housing cooperative), or independently conclude all contracts with utility providers. Combinations of control methods are possible.
Owners of cottages have the right to entrust the conduct of their affairs to the management company. Managing organization - a commercial organization that provides professional services for the management of apartment buildings. The general meeting of house owners, in order to apply the specified method of managing a cottage settlement, must decide on the choice of a method of managing a managing organization; election of a specific managing organization; terms of the management agreement with this managing organization.
Under the management agreement, the managing organization, on the instructions of the owners of the houses, within the agreed period, for a fee, undertakes to provide services and perform work on the proper maintenance and repair of the common property of the cottage village, to provide utilities to the owners of the houses, to carry out other activities aimed at achieving the goals of managing the cottage village.
The main terms of the agreement between the owners and the managing organization:
The composition of the property to be managed and its location;
The list of services and works for the maintenance and repair of property, the procedure for changing such a list, as well as the list of utilities provided by the managing organization;
The procedure for determining the price of the contract, the amount of the fee for the maintenance and repair of common property and the amount of the fee for utilities, as well as the procedure for making such a fee;
The procedure for monitoring the fulfillment by the managing organization of its obligations under the management agreement.
As a rule, a management company is created by a developer company. This is good for the residents of the village (after all, no one better developer does not know the intricacies of the structure of the village), and for the developer himself: after all, the established management company is a source of additional profit. Or the developer chooses a third-party management company on a competitive basis.
Advantages of a managing organization created by the developer himself:
There are no problems with the transfer of the house to the balance of the managing organization, all documents are transferred very quickly;
The company takes care of its house, it wants to keep it in good condition for as long as possible, and this is an indicator of the builder's responsibility;
Residents do not have to hold meetings, solve pressing issues, spend their time on ensuring decent operation of the house - all this falls on the shoulders of the management company.
Disadvantages of the management company:
The main thing on which almost every management company "earns" is tariffs for housing and communal services. In the absence of competition, the management company may set tariffs higher than the city average;
Invalid check financial activities management company.
In accordance with the legislation of the Russian Federation and the Housing Code of the Russian Federation, there are no license restrictions on the creation of a management company in the provision of housing and communal services and the life support of cottage settlements, except that in official documents it is called a “managing organization”.
The algorithm for creating a management company in the field of providing housing and communal services in a cottage settlement, in accordance with the legislation of the Russian Federation, has the following stages:
1. You can open a company in one of the organizational and legal forms:
LLC (Company with Limited Liability)
CJSC (Closed Joint-stock company)
OJSC (Open Joint Stock Company)
The easiest and best option is to open an LLC (Limited Liability Company). It is possible to open an LLC with virtually no initial capital, since the authorized capital can be contributed by property transferred by the developer.
2. To spend state registration, first of all, it is necessary to prepare a package of documents for registration, which includes: Decision on the establishment, Charter, etc. Then decide on the location of the company, the size of the authorized capital and you can apply for registration of the company. It will take at least two weeks to open a UK.
3. Limited Liability Company (LLC) - the most common and popular form commercial organization enterprises. Registration of an enterprise as an LLC is especially suitable for small and medium-sized businesses due to a small authorized capital (10,000 rubles), a simple management system and the absence of legal liability for owners of personal property.
When registering an LLC (Limited Liability Company), it is necessary to take into account:
Citizens of the Russian Federation, foreign citizens, as well as legal entities;
The founder of an LLC (Limited Liability Company) may be one person who is also entitled to perform the functions of an executive body. The Company cannot have as its sole participant another legal entity consisting of one participant;
The number of participants in the company should not exceed 50 people;
The minimum authorized capital of an LLC (Limited Liability Company) is 10 thousand rubles and is not taxed. Contribution to the UK ( Authorized capital) society can be money, securities, property, property rights having a monetary value;
The participants of the company are not liable for its obligations and bear the risk of losses associated with the activities of LLC (Limited Liability Company) within the value of their contributions.
The registration of an LLC consists of the following steps:
· Preparing for registration
Registration of LLC in the tax authority
· Statement on the application of the taxation system
Print order
Assignment of statistical codes
Registration in the Foundation social insurance
· Registration in pension fund
Registration in the Compulsory Medical Insurance Fund
4. To register an LLC (Limited Liability Company), the following documents must be prepared:
· Application for registration of LLC (Limited Liability Company);
· Minutes of the general meeting of founders or the decision of the sole founder to establish an LLC (Limited Liability Company);
· Letter of guarantee for the provision of non-residential premises.
・Inquiry to tax authority on providing copies of constituent documents.
Cottage village Mechta
The concepts of "cottage" and "cottage settlement" in Russia are not legally defined. Therefore, we can talk about a kind of legislative vacuum around the development of suburban construction. What are the rules to be guided by when managing a cottage village?
Clarification of concepts
Cottage can be defined as a small comfortable residential building located in the suburbs. Another criterion is the possibility year-round living. In addition, the cottage must have a full set of communications that are common for a city apartment, and in some ways even surpass it.
Clarifying the concept of "cottage village", first of all, it should be noted that 10, 20 or more cottages located nearby cannot be called such. Typically, a cottage settlement is initially conceived as a single entity and is built according to a specific plan. It has a common area on which, for example, the board of a homeowners association (HOA), a common guest parking, a playground, an electrical substation, etc. are located. Outlets- small pavilions, shops, cafes are also not uncommon here, but only if they are economically feasible. In a real cottage settlement, communications are most often common: electricity, plumbing, sewerage is more profitable to carry out and further service, in cooperation. And, of course, it is necessary to have security that will protect the territory of the village as a whole.
Consequently, a cottage settlement can be considered a cluster of individual residential buildings located on a separate land plot, connected by a common communications and having their own infrastructure.
By analogy with the law...
Due to the lack of norms in the legislation of the Russian Federation on the procedure for the creation, organization and management of cottage settlements, the relationship between governing bodies and owners of cottages, the practice of extending housing legislation to relations related to the management of cottage settlements, the maintenance of the common property of the village, and the provision of utility bills is relevant. .
According to Art. 7 of the Housing Code of the Russian Federation, in the event that housing relations are not regulated by housing legislation or an agreement between the participants in such relations, and in the absence of civil or other legislation directly regulating such relations, they, if this does not contradict their essence, are subject to housing legislation regulating similar relations (an analogy of the law). Therefore, when the question arises creation of an HOA or a housing cooperative (HC), on their management, on the maintenance of common property in a cottage settlement and on payment of utility bills, many courts, by analogy, apply the rules regarding premises in an apartment building.
In the housing legislation, the issue of managing an apartment building has been worked out in detail. The courts extend this design to the model of a cottage settlement as a kind of house in which cottages are apartments. Therefore, to regulate relations related to the maintenance of common property in a cottage settlement, the courts, by analogy, use housing legislation (in particular, the rules on the maintenance of common property in an apartment building).
Of course, in Housing Code The Russian Federation has rules regarding the owners of individual residential buildings. For example, owners of residential buildings bear the cost of maintaining and repairing them, as well as paying for utilities in accordance with agreements concluded with persons engaged in relevant activities. But it must be remembered that a cottage settlement is not just the sum of individual residential buildings, but a whole infrastructure.
The management of a cottage settlement must ensure favorable and safe living conditions for citizens, the proper maintenance of common property, the resolution of issues related to the use of this property, as well as the provision of public services to citizens living in houses in the village.
The right to choose
Owners of individual residential buildings located on the territory of a cottage settlement, using the rights of homeowners, can choose the following forms of management of the settlement: hire a management company, create an HOA or residential complex, or independently conclude all contracts with providers of utilities and other services.
Owners of cottages have the right to choose such a method as managing a managing organization (in this case, you can combine different forms of management). The managing organization is only involved in management (acting in this case as an ordinary contractor), since the HOA, housing or other specialized consumer cooperative simply does not have the ability or does not want to independently operate, repair, maintain and maintain the common property of the village.
Managerial management
Under the management agreement, one party (the managing organization), on the instructions of the other party (the owners of houses, the governing bodies of the HOA or the governing bodies of the residential complex), within the agreed period for a fee, undertakes to provide services and perform work on the proper maintenance and repair of the common property of the cottage settlement, to provide utilities owners of houses, to carry out other activities aimed at achieving the goals of managing the cottage settlement.
The main (essential) conditions that should be discussed between the owners and the managing organization:
The composition of the common property to be managed and its location;
The list of services and works for the maintenance and repair of common property, the procedure for changing such a list, as well as the list of utilities provided by the managing organization;
The procedure for determining the price of the contract, the amount of the fee for the maintenance and repair of the premises and the amount of the fee for utilities, as well as the procedure for making such a fee.
Among the owners of houses there should be initiators who will study the proposals of managing organizations and choose, in their opinion, the most suitable ones. It is advisable to suggest general meeting there are several managing organizations to choose from, since the proposals will most likely be different in cost and composition of the proposed additional services. The optimal situation is when the developer of the cottage settlement is further transformed into a management company or offers already ready organization with reasonable prices.
The convenience of this scheme lies in its simplicity, saving time and the absence of intermediaries in the form of HOA or LCD, which may charge an additional fee or "reissue" bills for services with an extra charge to end consumers. In addition, the developer, like no one else, knows the infrastructure of the village, the location of communications, etc.
However, abuse by such a management company is possible. In practice, there are agreements on the basis of which cottages are built and in which a separate clause stipulates the obligation of the future owner of the cottage to transfer his share in common property cottage village in the management of a management company. The legality of including this kind of wording in contracts seems doubtful, since it limits the legal capacity of the owner in terms of disposing of his property. The developer's logic is simple: “There are many of you, but I am one. You build it, then you have to “run” after each owner, conclude an agreement.” The developer who owns the communications may simply not allow another management company to use its networks to supply, for example, electricity. It all depends on his literacy, on the "policy" of the management company.
HOA and LCD
This method of managing a cottage settlement presupposes the presence of an institutional entity (legal entity) that manages it. When managing a residential complex or HOA, these legal entities act as a mechanism for ensuring the common interests of cottage owners. It should be specially noted that, in accordance with domestic legislation, HOAs and LCDs do not have any rights to the common property of the cottage settlement they manage.
Advantages of the HOA:
All collected funds are accumulated on the settlement account of the HOA, the movement Money controlled by the owners (the Audit Commission is elected);
Holding a tender among service and security companies allows providing owners with services with optimal ratio prices and quality;
Convenient and fast service for owners due to the fact that the dispatch service and all maintenance personnel are located on the territory of the village;
Each owner can influence the quality and cost of services (by participating in the discussion of the cost estimate and its adoption at the meeting), be elected to the board or the audit commission, make proposals for improving the activities of the partnership and eliminating shortcomings in the work of the executive directorate.
However, if during the creation of an HOA in an apartment building where the owners live permanently, there is the possibility of promptly gathering citizens, then when an HOA is formed in a cottage settlement, the adoption of a general decision may be delayed, since many owners of cottages do not permanently live in them.
The owner of a cottage located in a cottage settlement may not join either an HOA or an LCD. He has the right to directly conclude contracts with utility providers.
Composition of common property
Speaking about the management of a cottage settlement, one cannot fail to mention the problem of the composition of the common property in the settlement. The list of common property in an apartment building is clearly spelled out in Decree of the Government of the Russian Federation of August 13, 2006 No. 491. With the composition of common property in a cottage settlement, the situation is a little more complicated due to the absence of such a list in any regulatory act.
To determine the composition of the common property of cottage owners, it is necessary to know the project for the construction of a cottage settlement. Usually, the composition of the common property is indicated in the contract, on the basis of which the main building (cottage) is being built.
Owners of cottages are obliged to bear the burden of expenses for the maintenance of common property in proportion to their shares in the common ownership of this property by making mandatory payments and contributions from owners of premises that are HOA members, housing, housing-construction cooperative or other specialized consumer cooperative. Thus, payment for the maintenance of common property is paid in proportion to the shares in the right of common ownership of this property and only on the basis of an appropriate agreement, the terms of which are determined on the basis of an agreement between the parties. And what about a resident of a cottage settlement who has not concluded such an agreement, but nevertheless uses all the services (drives on cleared roads, uses guarded parking, etc.)? As shows arbitrage practice, in such cases, the management company applies to the owners of cottages with a claim for the recovery of unjust enrichment in the amount of the cost of services.
Another problem is the determination of the share in the common property right. Often a share in the common property of a cottage settlement is calculated based on the area land plot under the cottage (dividing it by the area of all the premises in the cottage village). However, no general practice has yet been developed on this issue.
Thus, when managing a cottage settlement, many gaps in the legislation are revealed, which can only be filled by judicial practice or regulation question.
Malmygin Alexander,
Legal Counsel of LEV Law Firm
