How to abandon the management company and create a homeowners association. Refusal from the management company

Come quickly, we have a problem here, another management company has been appointed! - the neighbor chattered excitedly. I scratched my turnip, for sure, who besides me knows how to get rid of yet another beggar, especially one assigned to state level? I've arrived. On your own head.

I have a second apartment in which I live only periodically, and in the near future I plan to leave my growing eldest daughter to live there. But since I was at my neighbors in this house, like the last ray of hope, I had to figure it out.

Our house consists of 8 apartments on two floors, the house was built in 1951, so you understand it yourself technical condition. No, not everything is so sad, the house is quite well-kept, with a beautiful courtyard, with flowers in the entrance and carpet runners. The current maintenance was carried out by our residents, since as experience has shown, it is easier to hire a locksmith from an advertisement and donate with the whole house to do something than to maintain the staff of the management company and the director’s mistress. But the wear and tear of the main structures, including heating equipment and hot water supply risers, is terrible and remains on honestly and a roll of duct tape, since they had not been repaired or changed since the death of the great leader.

As soon as this whole housing and communal services reform began, I, as a person who had worked in the housing and communal services sector for many years, immediately told my neighbors that there were no management companies, no other beggars or beggars near the house: they would collect money, but they would do nothing.

We chose the management method - direct management and from time to time, without much bother, we took a bite out of the next beggar for our money in the form of a management company.

But time passed and the laws changed. And another slow-thinking official, sitting in his office, was indignant about why our house doesn’t pay taxes for maintenance? Therefore, this time I had to not limit myself to verbal threats to the director of the management company, with the aim of getting him away from the money of our house, but to take it seriously.

04/03/2017 our dear City Administration without declaring war and without in any way notifying the residents of our house open competition at the choice of the management company for our house. We learned that we already have a management company from bills for housing and communal services. Thus, our rights were grossly violated, as well as the procedure for conducting open tenders and concluding an agreement for the management of apartment buildings.

In addition, we found out that the management agreement for our house was concluded with a management company, which officially has only 1 (!) person, this is the director. There are simply no other employees in this management company. Having carried out some research on open sources, I did the following.

1. Filed a complaint with the Federal Tax Service of the Russian Federation that during the registration of the management company in the Unified State Register of Legal Entities, false data was submitted, namely, the location address was incorrectly indicated executive body- director.
This point is very important, it’s a common problem when registering legal entities, the system is built in such a way that you almost always have to lie. But the sanctions for this lie are very serious.

2. Filed a complaint with the Federal Antimonopoly Service about violations during the conclusion of a management agreement between municipal formation and the management company. OFAS also wants to eat, and loves to eat well and tasty. Therefore, in my practice there have been cases where small companies had to go bankrupt after a showdown with the Federal Antimonopoly Service.
This point is not very important, but let it be to the heap. If they prove the violations that were committed during the conclusion of the ill-fated agreement (which I doubt) - the heads of high-ranking officials in our administration they will fly.

3. Filed a complaint with the government housing inspection. Look, it is very important here that the complaint is not sent to the inspectorate of our city, which will punish for a couple of cigarette butts of the janitor, but is considered at the level of the inspection of the subject, so I filed a complaint based on the unreliability of the data provided by the Criminal Code during licensing.
And what else is good, if I am not satisfied with the result of the State Housing Inspection, I can always file a complaint with supervisory authority on the legality and validity of issuing licenses to the GZHI itself Kemerovo region, especially since I was able to establish this unreliability of the data in 10 minutes and with the help of Yandex, and then how is the reliability checked in the State Property Register when issuing a license?

I understand that this is not easy, most of those reading will not understand what I wrote here, but if you get rid of parasites, then all the responsible persons will have to hiccup for a very long time. Preferably several years in a row.

According to legislative act, a similar association is considered to be a non-profit association of owners of living space in one building for the purpose of jointly carrying out financial and economic activities aimed at organizing the full functioning of the residential complex.

Is it possible to refuse HOA services?

The procedure for refusing HOA services

It will not be possible to refuse the services of the partnership on your own, since, as a member of the association, a person is responsible for the common property. This can only be done by general decision residents. The owner can only initiate a refusal by submitting an application. Procedure for leaving the HOA determined by the charter act of the association.

Leaving the HOA will look like this:

If factors are discovered that do not suit the owner of the apartment, namely excessively high payments for public utilities or non-compliance with the terms of the agreement with the HOA, the owner has the right to appeal to the management of the association with a claim.
In the event that the board has not taken any action to deal with the current situation, the apartment owner has the right to write a letter of resignation from the HOA.
After this, a general meeting of apartment owners is convened and the owners make a decision on the person’s withdrawal from the association by voting.
The decision made is confirmed by the relevant document.
Even after leaving the HOA, a person is obliged to pay communal payments, and with existing claims, contact the court and the prosecutor’s office.

Documents for refusing HOA services

In order to refuse to participate in the affairs of the partnership, the owner will be required to present the following documents:

applicant's passport;
application in the prescribed form;
agreement with the HOA;
documentation confirming ownership.

After the decision to withdraw is made, a corresponding act is drawn up, which is signed by the applicant, the chairman of the HOA and the secretary.

Consequences of refusing HOA services

The most popular questions and answers regarding HOA waivers

Question: Dear experts, please tell me how I can deal with the current situation. The fact is that our government HOA abuses his position and has already repeatedly increased utility payments. I contacted written statement to the chairman, but for a month now I have not received any answer. By contacting the secretary with a request to study accounting reports and the procedure for calculating these payments, I also received a refusal. Tell me what actions should I take, and can I formalize a waiver of the HOA in unilaterally? Faith.

Answer: Good afternoon, Vera. In your case, there are two possible scenarios. The first is to turn to Chairman of the Audit Commission with a statement of your claims. If this body does not take any action, then you should contact the prosecutor’s office regarding the violation of your rights as a home owner and citizen. Representatives of the department will conduct an inspection, and if fraudulent schemes for the purpose of stealing other people's property are discovered, the HOA will be liquidated, and you will not have to leave it.

According to Art. 136 Housing Code of the Russian Federation, you can write an application to remove you from the members of the partnership, but in this case you will lose the opportunity to control the activities HOA board, but you won’t be able to stop paying utility bills. After this, you will still have to go to court and resolve all issues regarding the claims there.

An example of refusing HOA services

Citizen P. was a member of the HOA during a year. After the specified time, an accident occurred in the house - the elevator broke off. P., repeatedly warned the board of the partnership about a possible accident, expressed his complaints to the chairman and threatened to leave the association and go to the police.

In turn, the chairman stated that P. could not do this, because allegedly, according to the law, such actions were impossible.

The citizen appealed to the prosecutor's office to conduct audit of the board's activities partnership, as a result of which the facts arose theft of common property.

After this, the HOA was liquidated, and criminal cases were opened against the chairman and members of the board based on the facts revealed.

Conclusion

As a result, a number of conclusions can be formulated:

In law, HOA is a non-profit association that consists of the owners of residential premises of a residential complex and performs functions aimed at maintaining the building in good condition.
Only owners of real estate in this building and citizens who have reached the age of majority can become members of the partnership.
The organization is led by a board headed by a chairman, who is elected by a majority vote.
A person may refuse to participate in the activities of the partnership and demand withdrawal from it, but his application must be supported by a majority vote general meeting residents.
The owner has the right to submit application to leave the HOA in case of non-compliance by the board with the terms of the agreement, as well as if there are claims against the activities of the governing body of the partnership.

Dissatisfied with their work Management company There is always enough, but there are significantly fewer people willing to somehow solve this situation.

Meanwhile, you can do a lot of things - or complain about the management company in higher authority , or refuse its services altogether.

Also, fees for repairs are carried out regularly (and try to avoid it), but the Management Company has never carried it out like that.

Or the mechanic, contrary to current regulations, is delaying time to fix the problem, and even require additional payment for their services, and this situation is repeated time after time.

The roof is not being repaired, there are problems with heating - they are not heating or heating is not enough, but the management company does not give clear answers to the questions, does not provide reporting or provides such reporting directly at odds with reality, and contacting higher-level organizations literally yielded nothing.

In other words, if there is not only something to complain about, but even the meaning of the complaints has been exhausted, you need to break it off and move on to a better and more reliable manager or body.

And if you are not alone in your dissatisfaction, if your point of view is supported by other residents - this greatly simplifies things. But even if you alone are dissatisfied with the organization, and everyone else likes everything, then you can refuse this management company alone.

Another thing is that this will be more difficult - mainly in “paper” terms.

And it doesn't matter to you will have to create an initiative group, then go through all the stages - notify everyone living in your house, carry out explanatory work among them, revealing why right now you need to stop cooperating with this company, and then request reports, hire a lawyer and raise your documentation.

That is, who complained and how, how many times, where, How did the Management Company itself react to complaints and did it respond?, then - appeals to the State Housing Inspectorate, reports of their inspections, instructions, how they were carried out, complaints to Rospotrebnadzor... This is quite a lot.

Because such an issue can only be resolved at a general meeting and nothing else.

It doesn't matter if there was this company appointed by competition or the owners chose it themselves - current housing legislation allows you to refuse the organization’s services unilaterally.

True, the Management Company itself is quite may refuse to service this home.

To do this, it is again necessary to create an initiative group, hold a general meeting, then open a separate personal account.

The most absolute argument in favor of leaving one “manager” for another was and remains the expiration of the contract with the owners.

How to refuse a management company? The first thing to do is hold a meeting of all apartment owners.

To do this, you need to notify everyone writing. If there are also non-privatized apartments in this building, a representative of the municipality must be present at the meeting.

In order to know exactly which apartments in your building have already been transferred to private property, and which are still social, you need to contact the municipality with a corresponding request.

Moreover, in this case you will need to be doubly prepared, since the municipality will most likely initiate an inspection, based on the results of which certain acts will be drawn up.

Usually a candidate—under the auspices of which organization to go under—already exists.

However, still the final decision is made at a meeting of residents.

It is necessary to carefully study all reviews about the proposed management organization, especially negative ones. The same should be done if you are going it alone.

Or you can not go to any Managing organization at all, but take control into your own hands— that is, to create a homeowners’ association. This decision is also made by a majority vote of the residents' meeting.

How to terminate a contract with a management company? So, the procedure will be as follows - the initiative group conducts a survey among the inhabitants of the house and conducts explanatory work.

It is clear that the initiators themselves do not need to explain anything to themselves; they are so fed up with the poor quality of work, and even the abuses of the current organization, that there is no point in working with it further. But the rest of the owners will have to explain this and carefully justify it.

How to justify?

The following arguments can be made:

The management company systematically violates its part of the agreement with the owners;
poorly performed work;
reporting is not provided, the information in it does not correspond to reality;
the contract has expired.

Let's give specific example . The management organization, with which cooperation was brought up for discussion, according to the agreement, kept the driveways and entrances clean, but never fulfilled this condition.

Or, for example, repairs. Funds are collected regularly, and the fee is clearly overpriced, and the pipes both leaked and continue to leak, although it seems that some repairs were carried out (or none at all), problems with heating were and remain.

Before this, all documentation must be requested from the office of the Managing Organization and supplemented with the documents available to the initiative group, confirming the validity of their claims— and all this must be done before initiating the meeting.

Otherwise, you will do nothing to convince other residents, who in most cases, even if they are dissatisfied, adhere to the policy of “changes can only be for the worse.”

Having requested materials, you must submit them for analysis to a competent lawyer who will best tell you how to act.

Documentation

Procedure for refusing the services of the Managing Organization accompanied by the following documents:

notifications (to residents - about a general meeting at which the issue of the possibility of further cooperation with this organization will be raised with a mention of the date of the meeting and to the Management company - about early termination cooperation agreements, with mandatory references to current legislation);
complaints from owners (copies) about the company’s activities;
appeals to the Criminal Code, Rospotrebnadzor, State Housing Inspectorate (copies);
minutes of the general meeting of residents.

A notification is sent to the managing organization with a copy of the minutes of the meeting. After this, the company must prepare all materials for transfer to the new company— the one that the residents chose for cooperation.

True, it is possible that the matter will not be limited to this and it is possible will have to go to court.

The issue will be considered in district court general jurisdiction.

But in general, as practice shows, this is not the best solution, since the claim is very controversial, since it is usually based on not on solid evidence non-compliance with laws, but only on the dissatisfaction of individuals.

One apartment exit

Is it possible to exit the management company with one apartment? It is forbidden. The question of the form of management, as well as with whom to sign the agreement, can only be resolved at a general meeting of apartment owners.

Thus it turns out that in the best possible way It will be simple to wait for the expiration of the contract with one Managing Organization and conclude with another. This way you will save both time and money.

It may seem like a long wait, but it's not. Because validity limit of contracts with management companies is three years, but in the vast majority of cases the contract is concluded for one year.

You can learn about the difficulties you may encounter when abandoning a management company from the video:

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 above 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 agreement between residents and the management organization, but they must not be lower than the cost of a certain local authorities authorities. If the services do not satisfy the residents, then they can refuse from the management company.

What services do management companies provide?

Before you sign 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 management company

Public utilities.
Services by maintenance and repair apartment building.

The Housing Code of the Russian Federation specifies a list of services that are performed by employees of housing and communal services and management companies in mandatory and those that are provided to residents for a fee.

All premises and adjacent territory, which is not the property of apartment residents, are under the control and maintenance of the management company. Such objects include the area adjacent to the house, elevators, entrances, attics, and staircases.

Responsibilities of the management company, according to the agreement

Maintaining all technical documentation for the maintenance and upkeep of a particular home.
Keeping the house and surrounding area clean.
Maintenance of elevators, water supply systems, heat supply. Ensuring that all equipment is in good working order and suitable for use.
High-quality supply of all utilities.
Repair of technical property that is not owned by apartment residents.

For your information! Also, management company employees can provide Additional services to residents, 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 be faced with 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 from the management company. How to do this correctly and what procedure we will describe below.

Step by step procedure

In order to refuse the services of the company that manages the house, the collective consent of all residents is required. It is clear that all residents will not deal with this issue. Women with children and pensioners will want to stay at home for health reasons. Therefore, it is best to create an initiative group that will responsibly and purposefully take on this issue.

The standard scheme is:

A group of several people is created that organizes a gathering of residents, conducts information and explanatory conversations and draws up the necessary documents.
Then a general meeting is held, at which a decision is made to change the management company.
After general discussion, a new company or management method is selected.

Refusal based on 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 management service does not satisfy the tenants, then after the end of the contract you can simply not renew it. This is the simplest and least troublesome option, since there is no need to collect signatures or document justification for the refusal.

Early refusal

There are cases when residents are dissatisfied with the quality of the services provided, and the contract is still far from expiring. What to do in this case? Residents on legally have the right to do this ahead of schedule if there are compelling reasons for doing 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 include:

incorrect and negligent maintenance of technical documentation;
low quality of services provided;
untimely performance or failure to fulfill one's duties;
lack of response to the complaints made.

Important! One or more of the above points are sufficient grounds for terminating 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 are needed?

In order to judgment turned out to be positive for the residents of the apartment building, the court must be presented with solid evidence of the management company’s dishonest work. This could be repair work carried out in bad faith, inflated costs of services and their poor quality, failure to fulfill their obligations to improve the home, slow and reluctant response to emergency situations, misuse financial resources, lack of reporting documentation. All complaints and violations must be documented. No one will take residents' oral statements in court seriously.

Download a sample application for cancellation of a contract for the provision of utility services

Required documents

What documentary evidence can be used as evidence? First of all, it should be noted that if the management company systematically violates 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 inspection station). The following can be presented as evidence in court:

Copies of written petitions and complaints of apartment owners.
Copies of applications to other organizations
Acts regarding violation of contract clauses or negligent performance of duties.
Documents confirming the waste of finances.

Attention! Complaints should come from the majority of residents, not from the owner of one or two apartments.

Notification as a required document

Before filing a lawsuit against the management organization, you must send a notice of termination of cooperation to the head of the company. Notification of early termination cooperation agreement is drawn up on the basis of a collective decision made at a general meeting.

Notification of the Criminal Code is mandatory according to Article 162 Housing Code RF and Article 450 Civil Code RF.

Procedure for holding a general meeting

The management company 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 management company. Then the place, date and time of the event, contact and initiative persons, and telephone numbers are indicated. If the building has non-privatized apartments, representatives of the municipality must be invited 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 everything Required documents and weigh whether they are significant 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 management organization must be notified 3 months before the end of the contract. If notification occurs later, the court may dismiss the claim.

What to do after

A copy of the decision of all residents, along with the notification, is transferred to the manager of the organization. If the Criminal Code does not accept the collective decision of the residents, then it will be necessary to draw up 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 residents.

What to do after a successful refusal

If the issue is resolved positively, then the owner of each apartment must write an individual refusal to cooperate with the management company. New organization or the form of government is chosen by the general meeting. In the absence of a 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 individual refusal from the management company. If the owners of several apartments are not satisfied with the quality of the services for which they are forced to pay, then this problem must be discussed with other residents and a common solution must be reached.

If the situation is so critical that residents are not ready to wait for the expiration date of the contract, then it is best to consult 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.

Lawyer Oleg Sukhov advises on whether it is possible to terminate the contract with the management company

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