First of all, we note one important circumstance. The decision to abandon the UK is made at a general meeting of homeowners. Usually, with the chosen general meeting of the Criminal Code, each homeowner concludes. Its validity period is limited to three years, but in practice, most often the contract is concluded for only a year.
Advice! The first and easiest way to refuse a serving management company on this moment Just wait until the end of the contract. And then, at the general meeting, choose a new management company.
After the end of the contract
Step by step instructions on how to general order give up management company consists of the following steps:
If the term of the contract has simply ended, the owners do not need to substantiate their decision to refuse the Criminal Code, to bother collecting evidence for termination. We simply refuse the services of this company and that's it.
Of course, it’s easier to wait until the deadline expires, but it also happens that the circumstances force you to take emergency measures and cancel the services of the Criminal Code ahead of schedule. For example, she ignores the legitimate demands of residents and evades her direct duties. Read about all the duties and services of the Criminal Code.
In this case, it is necessary to terminate early contractual relationship with a dishonest partner.
By early termination of the contract
Before terminating the contract with the management company in unilaterally, owners of MKD need to prepare:
- have good reason supported by convincing documentary evidence;
- prepare the required package of papers;
- notify the owners of the meeting;
- hold a general meeting of owners;
- notify the CC of the decision.
Consider, first, the grounds for withdrawing from the Criminal Code, then we will touch on the evidence that will be needed for it and find out what documents will be needed.
Foundations
- did not perform housekeeping work;
- did not provide tenants with the services specified in the contract;
- the quality of the services provided and the work performed was low;
- did not provide citizens with the information they were interested in.
If at least one of these conditions is present, then on a legal basis, you can demand the termination of relations with the Criminal Code.
Note! The expiration of the contract is an absolutely legitimate reason for terminating relations with the Criminal Code. If it is not extended, then the cooperation ends completely and definitively.
In all other cases, according to Article 162 of the LC RF, the existence of grounds will have to be proved, most often in court.
The documents
For early unilateral termination agreements between owners and management companies, you need to prepare the following documents:
- Protocol general meeting at which the decision to abandon the CC was made.
- Copies of appeals to the supervising organizations - consumer supervision, the prosecutor's office, the sanitary and epidemiological station.
- Copies of owners' complaints about violations by the Criminal Code.
- Copies of acts of inspections of the activities of the Criminal Code.
- Written notice to the Criminal Code of the termination of the contract with her.
Notification
In the process of terminating the contract with the Criminal Code, two types of notifications are used. First the notification is intended to notify the owners and the management company about the holding of a general meeting of homeowners, which will raise the issue of refusing the services of a management company.
If there are non-privatized apartments in the MKD, a representative of the city administration must be invited to the meeting.
Indeed, in this case, the municipality is the owner of the housing.
The notice specifies the agenda- the question of choosing a new management company or another method of management.
Further, the notice should be Contact phone numbers on which you can get information about the issues submitted for discussion, the initiative group is indicated, that is, those people who convene the general meeting. Naturally, the place, date and time of the meeting.
The management company itself must be notified of the decision taken at the meeting of the owners. The notification must be based on the current legislation - Article 162 of the LC RF, p.p. 8.1 and 8.2 Article 450 of the Civil Code of the Russian Federation.
Reference! The notice must state the grounds decision: court order, decision of the general meeting, etc.
Proof of
It is important to remember that legislation, homeowners are given the opportunity to early terminate relations with the Criminal Code. But such a decision must be supported by irrefutable evidence. For example, these include the following cases:
Important! All violations by the Criminal Code must be remembered and, if possible, documented. Before convening a general meeting, it is necessary not only to request from the management company documentation related to the performance of work on the current treaty, but also to prepare evidence that the clauses of this agreement were repeatedly violated.
As evidence of violations by the Criminal Code may be:
- copies of appeals and complaints of tenants;
- acts of inspections of the work of the Criminal Code by supervising organizations;
- acts fixing the improper fulfillment of the UK's duties.
Preparing and holding a meeting of owners
In order to properly prepare the meeting regarding the refusal of the Criminal Code, it is necessary to perform the following actions:
Important! It should be borne in mind that before the start of preparation, careful work is carried out with the owners. It is advisable to convince most of them of the need or choose a different way to manage the house. Only then can practical steps be taken.
Once the meeting is decided, it is necessary to prepare notifications to all owners and management companies about the place and time of the meeting. Notifications are handed in person against signature or sent by registered mail with notification to the address of the recipient.
The meeting must be held no later than 3 months before the contract expires. If you notify the Criminal Code or apply to the court later, then the requirements and the decision of the meeting will be rejected.
Then a general meeting is held. If it is not possible to conduct it in person, then absentee form is allowed.
What to do after the decision to refuse?
After the meeting makes a decision, a notice with a copy of the decision of the meeting is sent to the management company. The management company must prepare and transfer all materials around the house the management company chosen by the meeting or organizational structure management of the house, which will be accepted by the owners.
It is possible that after the meeting you will have to apply to the court. Then you need to prepare a statement of claim and a package of documents, which will serve as evidence in court.
The form of management is chosen by the general meeting. But, if there is no HOA in the house, then each owner concludes a service agreement with the Criminal Code independently, on his own behalf.
After the decision of the meeting, each homeowner must terminate the contract with the management company. He sends a written notice that, based on the decision of the general meeting, the contract with the management company is terminated unilaterally.
Is it possible to refuse the Criminal Code with one apartment?
Before answering the question of how to abandon the management company of one apartment, you need to find out if this is possible.
Attention! It is impossible for one owner to refuse the services of the Criminal Code, since only the general meeting is vested with the right to choose the form of managing the house, and only this meeting can decide to refuse the services of the Criminal Code.
In the event that one owner is dissatisfied with the services provided, he must discuss this with the rest of the tenants and come to a decision to abandon the MC with the whole house and only through a general meeting.
Conclusion
In addition, there are many pitfalls in the current legislation that can nullify all efforts.
If you find an error, please highlight a piece of text and click Ctrl+Enter.
If you live in an apartment complex, then the term "management company" should be familiar to you. Management companies are those organizations that carry out technical and sanitary supervision of the house. All services are provided to residents on the basis of an agreement concluded between the residents of the high-rise building and this organization. Tariffs at which certain services are provided are determined by an agreement between tenants and the managing organization, but they must not be lower than the cost determined by local authorities. If the services do not satisfy the tenants, then you can make a refusal from the management company.
What services do property management companies provide?
Before signing an agreement with a management company, you need to know what exactly you are paying money for and what you have the right to expect from this organization.
List of services provided by the UK
- Utilities.
- Services for maintenance and repair apartment building.
The Housing Code of the Russian Federation contains a list of services that are performed by employees of the housing and communal services and management companies in without fail and those that are provided to tenants for a fee.
All premises and the adjacent territory, which is not the property of the residents of the apartments, is under the control and maintenance of the management company. Such objects include the territory adjacent to the house, elevators, entrances, attics, landings.
Obligations of the Criminal Code, according to the contract
- Maintenance of all technical documentation for the maintenance and maintenance of a particular house.
- Keeping the home and surrounding area clean.
- Maintenance of elevators, water supply systems, heat supply. Supervision that all equipment is in good working order and fit for use.
- Quality delivery of all utilities.
- Repair of technical property that is not owned by the residents of the apartments.
Note! Also, the employees of the Criminal Code can provide Additional services tenants, in addition to those specified in the contract for a fee.
Is it possible to refuse services
If you are confused by the quality of services that an organization provides you, sooner or later you will face the question of the possibility of refusing to cooperate with this company. You have the right to refuse. In this matter, the state provides residents of high-rise buildings with freedom of choice. You can issue a waiver of the management company. How to do it correctly and what procedure we will describe below.
Step by step procedure
In order to refuse the services of a company that manages the house, the collective consent of all residents is required. It is clear that all tenants will not deal with this issue. Women with children and pensioners for health reasons wish to stay at home. Therefore, it is best to create an initiative group that will responsibly and purposefully take on the solution of this issue.
The standard schema is:
- A group of several people is created, which organizes the gathering of residents, conducts informational and explanatory conversations and draws up the necessary documents.
- Then a general meeting is held, at which a decision is made to change the Criminal Code.
- After a general discussion, a new firm or method of management is selected.
Cancellation based on the expiration of the contract
The easiest way to refuse a management company is to terminate cooperation and not renew the contract. Such contracts are usually concluded for 3 years. But as practice shows in many cases - for 1 year. If the maintenance of the management company did not satisfy the residents, then after the end of the contract, you can simply not renew it. This is the easiest and least troublesome option, since it does not require the collection of signatures and documentary justification for the refusal.
Early cancellation
There are cases when tenants are dissatisfied with the quality of the services provided, and the contract is still far from expiration. How to proceed in such a case? Tenants legally have the right to do so early if there is a good reason to do so. Of course, it will be more difficult than in the first case, but it is possible. It is enough to have convincing reasons and documentary evidence.
Grounds for early refusal
Good reasons for terminating a signed contract can be considered:
- incorrect and negligent maintenance of technical documentation;
- low quality of services provided;
- untimely performance or failure to perform their duties;
- lack of response to complaints.
Important! One or more of the above items are sufficient reason to terminate the contract with the management company. But it is quite possible that you will have to prove your case in court if the conflicting parties do not come to a compromise or the Criminal Code does not admit its guilt.
What facts and evidence do you need?
To judgment turned out to be positive for the tenants of the apartment building, the court must be presented with solid evidence of the unfair work of the management company. These can be unscrupulously carried out repairs, overpriced services and their poor quality, failure to fulfill their obligations to improve the home, slow and reluctant response to emergencies, misuse financial resources, lack of reporting documentation. All complaints and violations must be documented. Oral statements of tenants in court will not be taken seriously.
Download a sample application for cancellation of a contract for the provision of public services
Required documents
What documentary evidence can be used as evidence? First of all, it should be noted that in case of a systematic violation of the CC of its duties, all violations must be recorded in writing. You can write a complaint directly to the head of the management company or to the supervising services (potrebnadzor, sanitary sanitary station). The following can be presented as evidence in court:
- Copies of written petitions and complaints from apartment owners.
- Copies of appeals to other organizations
- Acts about violation of clauses of the contract or negligent performance of duties.
- Documents confirming the waste of funds.
Attention! Complaints should be from the majority of tenants, not from the owner of one or two apartments.
Notification as a required document
Before suing the managing organization, it is necessary to send a notice of termination of cooperation to the head of the company. The notice of early termination of cooperation is drawn up on the basis of a collective decision made at the general meeting.
Notification to the Criminal Code is mandatory in accordance with Article 162 of the Housing Code of the Russian Federation and Article 450 of the Civil Code of the Russian Federation.
General meeting procedure
The MC must also be notified in writing about the holding of the general meeting and its purpose. The notice should indicate the reason for the meeting - the choice of a new MC. Then the place, date and time of the event, contact and initiative persons, telephones are indicated. If the house has non-privatized apartments, it is mandatory to invite representatives of the municipality to the meeting of residents.
Before holding a general meeting, you need to select and approve a group of people who will deal with this issue. Then you need to collect all Required documents and weigh whether they are weighty enough. An important factor is the unanimity of the residents and their interest in abandoning the management company.
All residents must be notified in writing of the meeting.
Important! The managing organization must be notified 3 months before the end of the contract. If the notice is later, the court may dismiss the claim.
What to do after
A copy of the decision of all tenants, together with the notification, is transferred to the manager of the organization. If the Criminal Code does not make a collective decision of the residents, then you will have to draw up a statement of claim, collect documents and go to court. In the event of a peaceful resolution of the conflict, the management company is obliged to transfer all documents and powers to the organization chosen by the tenants.
How to proceed after a successful rejection
If the issue is resolved positively, then the owner of each apartment must write an individual refusal to cooperate with the Criminal Code. new organization or the form of government is chosen by the general meeting. At lack of HOA, each apartment signs an agreement with the new management company separately.
Failure of one or more apartments
Unfortunately, this system of interactions does not provide for an individual refusal from the management company. If the owners of several apartments are not satisfied with the quality of services for which they are forced to pay, then this problem should be discussed with other tenants and a common solution should be reached.
If the situation is so critical that the tenants are not ready to wait for the end date of the contract, then it is best to contact a lawyer for advice. With the help of this specialist, you can prepare all the documents and carry out all the procedures so that the court decision will be in favor of the residents.
Oleg Sukhov, a lawyer, advises on whether it is possible to terminate the contract with the management company
Most citizens of the Russian Federation, especially in large cities, live in apartment buildings. And if the apartment is a private property, the maintenance of which lies with the owner, then the entrance, the adjacent territory, elevators, etc., belong to public domain. It is quite difficult for residents to keep common property clean and tidy, which is why the law obliges persons to choose a method MKD management. This may be the creation of a homeowners association or the hiring of a management company. Such an organization is a provider of services for the maintenance and maintenance of the house, for which it receives a monthly payment from the owners.
The range of actions of the Criminal Code is quite wide, but this structure does not always perform well the functions and duties assigned to it. In this regard, the owners of apartments have a logical question of changing one company to another. The procedure cannot be called simple, and it is quite difficult to understand its features on your own. To delve into the basics of the Housing and Civil Code, you need time, effort and desire. A more convenient alternative in this situation would be to seek legal support from an experienced legal expert. The specialist knows the principles of work Russian legislation, so he can easily answer the questions of applicants, and give effective recommendations.
Professionals in the field of law work around the clock on our official resource, who carefully and responsibly approach solving the problems of applicants. Online, experts will study the circumstances of the citizens' case, assess the risks and prospects of the situation, and, based on the information received, develop individual algorithm actions aimed at competently getting rid of the management company that provides services to MKD in the housing and communal services sector. Remote consultations will help you understand how to abandon the management company, and whether it is necessary to do this at all, while saving personal resources and time.
Features of the contract
The choice of a management company in the field of housing and communal services is the responsibility of the tenants. If within a year after moving in they do not decide on the way to manage the house, the Criminal Code will appoint the city administration. It is important to understand that servicing MKD is a huge responsibility that requires a professional and thoughtful approach, which is why in 2019 all management companies are required to have an appropriate license to provide this type of service.
It is necessary to choose managers at a public meeting of residents. It is important to carefully approach the issue, study all the available options, compare them, and choose the best option. When the choice is made, it remains to sign an agreement with the Criminal Code. Such a document must be drawn up between each apartment owner and the management company. Often, Russians neglect the execution of the contract, which subsequently entails a number of negative legal consequences.
The contract for the provision of services by the managing organization for residents does not have a specific regulated form. It is drawn up in writing, focusing on legislative norms, standards and criteria. Be sure to include in the text:
- rights and obligations of the parties;
- tariffs for payment for services and the procedure for calculating;
- liability for non-fulfillment of contractual obligations;
- terms of termination of the contract, etc.
Also, the contract should contain a list of services, tasks and functions that the management company will perform. The main responsibilities always include conducting the current and overhaul, preparation of the building for seasonal changes, control of cleanliness in the entrance and on the adjacent territory, serviceability of the elevator and timely delivery of communications. In individual cases, the text of the contract specifies certain conditions and requirements for the Criminal Code. The contract may be valid for a period of one to five years. If the parties do not make claims to each other and there were no serious disputes between them, the document will be considered automatically extended for a similar period of time.
Grounds for replacing the Criminal Code
By law, the management company is obliged to perform its work efficiently and on time, for which the tenants pay monthly to the management company at the rate established in the contract. However, as practice shows, after a while the residents agree that they are dissatisfied with the work of the managing organization in the field of housing and communal services, and decide to change it. To do this, people need good reasons and reasoned reasons.
Most often, the reason to stop cooperating with the management company is poor performance of the promised services, constant disputes and a steady increase in service rates. Management misconduct can be prevented in a variety of ways. The most effective way is to write a statement to the management company or complain to higher competent structures. Complaints and written claims will also be an excellent reason for terminating the contract with the Criminal Code.
If, on the basis of citizens' appeals to managers, administrative responsibility is applied twice in a year, residents have the right to refuse the services of the management company.
At the same time, the management company, on the basis of its own initiative, cannot withdraw from contractual obligations, unless this is provided for by law. The transaction can be terminated only by the consent of the parties or the initiative of the apartment owners.
If a managing organization does not cope well with its duties, raises tariffs, does not respond to complaints from residents, it is necessary to take radical measures of influence, namely, write applications to:
- city housing inspection;
- Rospotrebnadzor;
- profile structures, such as SES, tax office and others;
- precinct and law enforcement agencies;
- prosecutors and courts.
Any of the above authorities is authorized to conduct an audit on the fact of the appeal of citizens, and hold managers accountable. Another convenient way terminate the agreement with the Criminal Code is the expiration of the contract. This option is also suitable if the initiators are the owners of the apartments and the management company.
How to break the contract
Quite often, disputes arise between citizens regarding how to refuse the services of a management company if the expiration date of the contract is not soon. Legal practice establishes that there are several most common and effective scenarios. The most convenient way to terminate the contract for the management of MKD:
- By agreement of the parties. If the tenants and the management company wish to disperse peacefully and are not torn apart by disputes or conflicts, they can draw up a special agreement to terminate the house maintenance transaction. The text of the document must necessarily indicate the principle of transferring all technical documentation to the new managing organization.
- Based on the conditions stipulated in the contract or the Civil Code of the Russian Federation. You can stop working with the management company and cancel the service agreement if the conditions for terminating the transaction were provided for when drawing up this document. It is also possible to refuse the services of the Criminal Code if the conditions and circumstances of the life of citizens have changed significantly. Also convenient solution there will be a change in the way the house is managed, i.e., the replacement of the management company with an HOA.
- Using court order. The court will satisfy the requirements for termination of the contract with the Criminal Code if the managers significantly violated contractual obligations. Interruptions in the supply of utilities, lack of technical support tenants, systematic violation of the work schedule for the maintenance of the entrance and the adjacent territory. Before preparing a claim, you must repeatedly contact the competent government bodies and structures, write complaints, draw up an act of claim from neighbors. When the court is convinced that the citizens fought for their rights, but failed to achieve justice, the claim will be satisfied.
When drawing up a statement of claim, claim or any complaint against the management company, it is important to comply statutory norms and requirements. An illiterate document will not be accepted for consideration, much less satisfied. To avoid refusals and other negative legal consequences, you need to download an example document on the Internet in advance and prepare your own version by analogy. It will also be convenient to simply ask for help and advice from a competent lawyer online.
The expert will explain what to do with complaints or statement of claim going to court alone would be a rash decision. To achieve success in business, mass discontent and appeals of citizens are needed. Collective appeals are drawn up according to general rules, but considered government agencies in priority order.
IMPORTANT! The charter of the HOA should provide for the termination of the activities of each of the participants or the entire composition of the board, in case of failure by them to fulfill their direct duties, and the election of new ones.
Withdrawal from the board of the HOA can be carried out and by personal request its member, compiled according to the following principle:
An example of a document in the photo below:
In case of exclusion from the board, including on a voluntary basis, the question of choosing another owner of the premises for this position should be raised. At the general meeting, a decision will be made by voting on the appointment of new suitable candidates for effective leadership of the house.
A new (elected) member of the board must wait for the expiration of the term of the previous candidate, instead of which he came.
You can refuse not only membership in the board but also from membership in the association itself.
Refusal of homeowners association with one apartment
Sometimes, only the owner of a certain apartment expresses his dissatisfaction with the partnership.
Note! A citizen has the full right to withdraw from membership at any time, even alone.
The motives for leaving may be different, this will not affect the work of the HOA in any way. For the existence of a partnership, it is necessary that at least half of the owners of MKD be included in its composition.
Usually order of exit HOA of an apartment building at home looks like that:
To the statement need to attach documentation:
- paper on the right of ownership;
- technical documents for housing;
- a certificate of the absence of debts for payment for services (you can take it from the accounting department of the HOA, the Unified Information and Settlement Center, the ZhEK);
- copy .
The application is considered within one week and subsequently an order to withdraw from the organization will be made. Also, all residents of this house will be notified of your departure.
If the board ignores the application, you can go and remind about it again or contact the employees of the housing inspectorate.
A properly executed contract must include:
ATTENTION! Read the contract from beginning to end, sometimes additional clauses are included in it, obliging the owner, who is not part of the HOA, to take part in his expenses, up to making membership fees.
Withdrawal from the HOA membership will entail some changes for the owner:
- inability to attend meetings, to influence the decisions of the partnership;
- no need to pay membership fees;
- they can force them to conclude a service agreement with various organizations, infrastructure facilities, therefore leaving the partnership rarely saves from unnecessary material waste and requisitions.
Application for exclusion from HOA membership should be formatted like this:
note that even without being a member of the HOA, you can conclude an agreement with him to pay for utilities (electricity, water, gas), repair and maintenance of the premises.
Registration of documentation on withdrawal from membership carried out on free of charge . A written response from the HOA will be issued to confirm the approval of the application.
Can be denied if:
- there are debts;
- you are not the owner of the apartment.
There are cases of mass withdrawal from the partnership by all owners.
How to leave the whole house?
Owners are usually interested in the question of whether how to refuse homeowners association of one house. We will try to answer in detail.
So, this can only be done if liquidation of the partnership(regulated Civil Code RF) or reorganization (Article 140 RF LC).
Liquidation or reorganization (when there are several apartment buildings) will happen if HOA members less than half of the owners will remain.
Exit process for both cases practically does not differ and it happens like this:
- More than half of the owners are required to prepare and transfer statements about the desire to leave the HOA(written in the same way as for the case with one apartment).
- At the general meeting, it is submitted decision to end the partnership and the Protocol is signed.
- Selected new way guides apartment building by voting at the general meeting of owners.
Applications for the desire to leave "the whole house" from the HOA are submitted to the Administration of the district or city. The answer about the acceptance and approval of applications will come from there. The procedure is carried out absolutely free.
The process of abandoning the HOA only seems simple, but there are a lot of nuances in the LCD and the Civil Code of the Russian Federation. You need to take this decision carefully and, possibly, consult with a lawyer.
Instruction
You can refuse the services of a management company only if you live in a privatized one. For tenants municipal apartments everything is decided by the municipality, since it is he who in this situation is considered the owner. However, this does not mean at all that the tenant does not have the opportunity to solve the problem of choosing a management method.
If you have own apartment and you would like to change the way you run your home, talk to your neighbors first. Their dissatisfaction with the quality and cost of utilities will make your task much easier. housing code provides for three equal ways of operating multi-apartment residential buildings. This is a management company, a partnership of owners or direct management. In the event that the tenants themselves have not made a decision, the municipality has a competition among management companies, as a result of which the house passes to one of them.
A similar issue can be resolved with the help of a general meeting of owners. First of all, you need to decide on the number of privatized and non-privatized apartments in your house. This can be done by interviewing residents. In some cities, such information can be obtained from the housing department of the municipality. Invite all owners to get together and discuss this problem. If there are municipal officials in the house, invite someone from the administration to the meeting. This may be, for example, a specialist in the municipal property management department. Try to convince him that the management company is not up to the task.
To convince the official that you are right, you will need some documents. If there were complaints from tenants to different authorities, make sure that copies of them are preserved. Contact supervisory authorities. This may be a housing inspection, a sanitary and epidemiological station or the prosecutor's office. Based on your complaint, they are required to conduct an audit and draw up appropriate acts.
In any case, you must first try to hold a face-to-face meeting. If this does not work out, then print the draft decision and send it to the apartments with a request to vote. Voting is carried out not by the number of participants, but by the number of square meters each apartment. That is, a family of five living in an apartment of 20 sq.m has less influence on the decision than a single person occupying an apartment of 50 sq.m. The representative of the municipality votes for all non-privatized apartments. The decision must be made in writing and certified by the signatures of the chairman and secretary of the meeting.
The next step is to choose a control method. It can be determined at the same meeting if an appropriate decision is prepared. Three options are possible - transfer to another management company, HOA and direct management. The last two require some nervous and physical costs from the owners. Direct management provides for the conclusion of direct contracts for absolutely all supplies of resources and utilities. Great advantage direct control- disappearance from family budget expenses for the maintenance of the HOA or the management company. The main disadvantage is that residents cannot always agree on how best to maintain common house property.
The main obstacle to creation of an HOA- Lots of paperwork to fill out. However, a set of documents may already be prepared by municipal services, and you will only have to enter information related to your particular home. Do not forget that several houses can unite in the HOA by choosing one chairman. This will significantly reduce staffing costs. To choose another management company, the house simply needs to conclude an agreement with it. For this, the decision of the general meeting is sufficient.
