New principles for the management of residential buildings. Direct management of an apartment building. Sample contract for the management of an apartment building

Federal law extends the entry into force

1. Management apartment building must ensure favorable and safe living conditions for citizens, the proper maintenance of common property in an apartment building, the solution of issues related to the use of this property, as well as the provision of utilities citizens living in such a house, or in the cases provided for in Article 157.2 of this Code, the constant readiness of utilities and other equipment that are part of the common property of the owners of premises in an apartment building to provide utilities (hereinafter - ensuring the readiness of engineering systems). Government Russian Federation establishes standards and rules for the management of apartment buildings.

Information about changes:

The provisions of Article 161 of this Code (as amended by Federal Law No. 59-FZ of April 3, 2018) apply to relations arising from contracts for the management of an apartment building concluded prior to the entry into force of the said Federal Law

2.2. When managing an apartment building by a homeowners' partnership or a housing cooperative or other specialized consumer cooperative, the said partnership or cooperative is responsible for the maintenance of the common property in this building in accordance with the requirements technical regulations and the rules of the rules established by the Government of the Russian Federation by Article 157.2 of this Code, for ensuring the readiness of engineering systems. The said partnership or cooperative may provide services and (or) perform work on the maintenance and repair of common property in an apartment building on their own or engage, on the basis of contracts, persons engaged in the relevant activities. When concluding an agreement for the management of an apartment building with a management organization, the said partnership or cooperative shall exercise control over the fulfillment by the management organization of obligations under such an agreement, including the provision of all services and (or) performance of work ensuring the proper maintenance of common property in this building, and the provision of utilities. services depending on the level of improvement of this house, the quality of which must meet the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of communal services to owners and users of premises in apartment buildings and residential buildings.

Information about changes:

Part 2.3 amended from April 3, 2018 - Federal Law of April 3, 2018 N 59-FZ

2.3. When managing an apartment building by a managing organization, it is responsible to the owners of premises in an apartment building for the provision of all services and (or) performance of work that ensure the proper maintenance of common property in this building and the quality of which must comply with the requirements of technical regulations and the maintenance rules established by the Government of the Russian Federation common property in an apartment building, for the provision of utilities, depending on the level of improvement of this building, the quality of which must meet the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of utilities to owners and users of premises in apartment buildings and residential buildings, or in cases provided for in Article 157.2 of this Code, for ensuring the readiness of engineering systems.

3. The method of managing an apartment building is selected at a general meeting of owners of premises in an apartment building and can be selected and changed at any time on the basis of its decision. Decision general meeting the choice of the management method is mandatory for all owners of premises in an apartment building.

Information about changes:

Article 161 supplemented by part 3.1 from January 11, 2018 - Federal Law

3.1. When the management of an apartment building is terminated by a homeowners' partnership, a housing or housing-building cooperative, or another specialized consumer cooperative, the said partnership, cooperative shall transfer technical documentation for an apartment building and other documents related to the management of such a building, keys to premises that are part of the common property of owners of premises in an apartment building, electronic access codes for equipment that is part of the common property of owners of premises in an apartment building, and other technical means and equipment required for operation apartment building and its management, to the person who has assumed obligations to manage the apartment building, or in the case of choosing a direct method of managing the apartment building, to the owner of the premises in the apartment building, specified in the decision of the general meeting of owners of premises in the apartment building on the choice of the direct method of managing the apartment building, or, if no such owner is specified, to any owner of the premises in such an apartment building.

4. The local self-government body, in the manner established by the Government of the Russian Federation, shall hold an open tender for the selection of a managing organization in the cases specified in part 13 of this article and part 5 of article 200 of this Code, as well as if, within six months before the date of holding of the specified competition, the owners of premises in an apartment building did not choose the method of managing this building or if decision the choice of how to manage this house has not been implemented. An open tender is also held if, before the expiration of the contract for the management of an apartment building, concluded based on the results open competition, the method of controlling this house has not been chosen, or if the decision on the choice of the method of controlling this house has not been implemented.

4.1. Information about an open tender for the selection of a management organization is posted on the official website of the Russian Federation in the information and telecommunications network "Internet" for posting information about the bidding (hereinafter - the official website on the Internet). The Government of the Russian Federation determines the official website on the Internet and the body authorized to maintain it. Until the Government of the Russian Federation determines the official website on the Internet, a notice of an open tender shall be posted on the official website municipal formation in the information and telecommunication network "Internet", and is also published in the official printed editiondesigned to publish information about placing orders for municipal needs... Information about the holding of the specified tender should be available for familiarization to all interested parties free of charge. Information about the results of the open tender is posted on the website in the information and telecommunications network "Internet", where information about its holding was posted, no later than three days from the date of determination of such results, and is also published in the official print publication in which information about conducting it.

5. The local self-government body, within ten days from the date of the open tender provided for in part 4 of this article, notifies all owners of premises in an apartment building of the results of the said tender and the terms of the contract for the management of this building. The owners of premises in an apartment building are obliged to conclude a management agreement for this building with a management organization selected based on the results of an open tender provided for in part 4 of this article, in the manner prescribed by article 445 of the Civil Code of the Russian Federation.

6. The local self-government body, no later than one month before the expiration of the contract for the management of an apartment building specified in part 5 of this article, shall convene a meeting of owners of premises in this building to decide on the choice of a method for managing this building, if such a decision was not previously made in accordance with part 3 of this article.

7. Any owner of premises in an apartment building may apply to the court with a demand to oblige local governments to choose a management organization in accordance with the provisions of Part 4 of this Article.

8.1. It is not allowed to conclude a management agreement for an apartment building based on the results of an open tender or if the said tender is declared invalid, earlier than ten days from the date of posting information about the results of the said tender on the official website on the Internet. This requirement does not apply until the Government of the Russian Federation determines the official website on the Internet.

9. An apartment building can only be managed by one management organization.

11. In the case provided for in Article 157.2 of this Code, the managing organization, a homeowners' association or a housing cooperative or other specialized consumer cooperative that manages an apartment building, in the manner prescribed by the Government of the Russian Federation, must:

1) provide resource-supplying organizations, a regional operator for handling solid municipal waste with information necessary for calculating utility bills, including on the readings of individual metering devices (when such readings are provided by the owners of premises in an apartment building and tenants of residential premises under social employment contracts or lease agreements for residential premises of the state or municipal housing stock in this house of the management organization, a homeowners' partnership or a housing cooperative or other specialized consumer cooperative) and collective (common house) metering devices installed in an apartment building;

2) monitor the quality of communal resources and the continuity of their supply to the borders of the common property in an apartment building;

3) accept from the owners of premises in an apartment building and tenants of residential premises under social rental contracts or contracts for the rental of residential premises of the state or municipal housing stock in a given building on violations of the requirements for the quality of utilities and (or) the continuity of provision of such services, violations in the calculation the amount of payment for utilities and interact with resource supplying organizations and the regional operator for handling solid municipal waste when considering these appeals, checking the facts set forth in them, eliminating the identified violations and sending information on the results of considering appeals in the manner established by the Government of the Russian Federation;

4) provide resource supplying organizations with access to common property in an apartment building to suspend or restrict the provision of utilities to owners of premises in an apartment building and tenants of residential premises under social employment contracts or contracts for the rental of residential premises of the state or municipal housing stock in this building or by agreement with resource supplying organizations to suspend or restrict the provision of utilities to owners of premises in an apartment building and tenants of residential premises under social rental contracts or rental contracts for residential premises of the state or municipal housing stock in this building.

11.1. In the case of direct management of an apartment building by owners of premises in an apartment building, the utility service for handling solid municipal waste to owners and users of premises in this building is provided by a regional operator for handling solid municipal waste.

Information about changes:

Part 12 amended from April 3, 2018 - Federal Law No. 59-FZ of April 3, 2018

12. Management organizations, homeowners' associations or housing cooperatives or other specialized consumer cooperatives that manage apartment buildings, do not have the right to refuse to conclude, in accordance with the rules specified in part 1 of Article 157 of this Code, contracts, including with respect to communal resources consumed when maintaining common property in an apartment building, with resource supplying organizations that provide cold and hot water supply, sewerage, electricity supply, gas supply (including supply of domestic gas in cylinders), heating (heat supply, including supply of solid fuel in the presence of stove heating), and a regional operator for handling solid municipal waste, except for the cases provided for by part 4 of this article, open tender. Within ten days from the date of the open tender, the local government shall notify all persons who have received from the developer (the person providing the construction of an apartment building) after the issuance of a permit to enter the apartment building into operation of the premises in this building under a deed of transfer or other transfer document, on the results of an open tender and on the terms of the contract for the management of this house. These persons are obliged to conclude a contract for the management of this house with a management organization selected based on the results of an open tender. If, within two months from the date of the open tender, the owners have not concluded a management agreement with the management organization, such an agreement shall be deemed concluded on the terms determined by the open tender.

14. Prior to the conclusion of an agreement for the management of an apartment building between the person specified in clause 6 of part 2 of Article 153 of this Code and the management organization selected by the results of an open tender, the management of the apartment building shall be carried out by the management organization, with which the developer must conclude a management agreement for the apartment building not later than five days from the date of receipt of permission to commission an apartment building.

Information about changes:

Federal Law No. 217-FZ of July 21, 2014 supplemented Article 161 of this Code with part 14.1

14.1. In case of termination of the use of the building as a rented house, the owner, who owns all the premises in an apartment building, makes decisions on issues related to the management of an apartment building in the manner prescribed by part 7 of Article 46 of this Code. In the event of the sale or otherwise alienation of the first premises in this apartment building, the owners of premises in this apartment building, within one year from the date of sale or otherwise alienation of the first premises in this apartment building, must select such owners at a general meeting and implement the management method for this apartment building ...

Information about changes:

Federal Law No. 123-FZ of June 4, 2011 supplemented Article 161 of this Code with part 15

15. The organization that supplies the resources necessary for the provision of utilities is responsible for the supply specified resources of proper quality to the boundaries of the common property in an apartment building and the boundaries of external networks of engineering and technical support of this building, unless otherwise provided by an agreement with such an organization.

Article 161 is supplemented by part 17 from January 12, 2019 - Federal Law of December 31, 2017 N 485-FZ

17. Management of an apartment building, in respect of which the owners of premises in an apartment building have not chosen the method of management of such a building in the manner prescribed by this Code, or the chosen management method has not been implemented, the management organization has not been determined, including due to the recognition as invalid of an open tender for the selection management organization conducted by the local government in accordance with this Code is carried out by a management organization licensed to carry out business activities for the management of apartment buildings, determined by the decision of the local government in the manner and on the terms established by the Government of the Russian Federation. Such a management organization carries out activities for the management of an apartment building until the owners of premises in an apartment building choose a method for managing an apartment building or before concluding a management agreement for an apartment building with a management organization determined by the owners of premises in an apartment building or following an open tender provided for in Part 4 of this Article, but no more than one year.

Housing legislation provides for three ways to manage an apartment building (part 2 of article 161 of the Housing Code of the Russian Federation). The general meeting of owners of premises chooses a management method and can change it at any time on the basis of its decision (part 3 of article 161 of the Housing Code of the Russian Federation). The first method is the direct management of the owners of premises in an apartment building (Article 164 of the Housing Code of the Russian Federation). Direct management is possible in an apartment building (hereinafter also referred to as MKD), the number of apartments in which is no more than 30 (part 2 of article 161 of the Housing Code of the Russian Federation). On behalf of the owners of premises in such a house in relations with third parties, one of the owners of premises in such a house or another person who has the authority certified by a power of attorney (part 3 of Article 164 of the Housing Code of the Russian Federation) has the right to act.

Benefits of direct control:

1) the absence of management costs typical for the management method through the management organization;

2) maintenance housing and common property can be carried out by the owners or by contractors involved on a permanent or short-term basis, which allows you to reduce the cost of maintaining and repairing the house;

3) each owner independently concludes contracts with resource supplying organizations and is not responsible for debts in paying for utilities of his neighbors (part 2 of article 164 of the Housing Code of the Russian Federation).

Disadvantages of this control method:

1) a decrease in the efficiency of management and the quality of housing and communal services with a large number of owners of premises, the need to hold general meetings on each housing issue;

2) inability to perform overhaul at the expense of the Fund for Assistance to Reforms of Housing and Communal Services.

The second way is to manage a homeowners' association or a housing cooperative or other specialized consumer cooperative. A homeowners 'partnership is created by the owners of an apartment building (by decision of more than 50% of the owners) or the owners of apartments of several buildings, is a type of real estate owners' associations, which is an association of owners of premises in an apartment building, and is registered as non-profit organization (paragraph 4 of part 2 of article 44, part 1 of article 46, part 1 of article 135 of the Housing Code of the Russian Federation; subparagraph 4 of paragraph 3 of article 50, paragraph 2 of article 291 of the Civil Code of the Russian Federation).

Please note: from September 1, 2014, a HOA is created in the organizational and legal form of a legal entity - a partnership of real estate owners (hereinafter also referred to as TSN) (subparagraph 4 of paragraph 3 of Article 50, Article 123.12 of the Civil Code of the Russian Federation). At the same time, re-registration of the created HOAs in TSN is not required (see the letter of the Ministry of Construction of Russia dated 10.04.2015 No. 10407-ACh / 04). The purpose of the HOA is to manage the common property of the house and carry out activities for the creation, maintenance, preservation and augmentation of such property, the provision of utilities, the implementation of other activities aimed at achieving the goals of managing the MDK or at the joint use of property of the owners (Part 1 of Article 135 of the Housing Code of the Russian Federation) ...

The homeowners' association has the right to provide services and (or) perform work on the maintenance and repair of common property in an apartment building on its own or to attract, on the basis of contracts, persons engaged in the relevant activities. If the HOA has entered into an agreement with the management organization, it controls the fulfillment of obligations under such an agreement. The advantages of HOAs are the direct management of the owners' property and the provision of utilities, effective protection of owners against resource supplying organizations, as well as the ability to maintain commercial activities... The disadvantages of the HOA include high level staff costs.

The third way is to manage the managing organization. The managing organization is a commercial organization that provides services for the management of apartment buildings on the basis of a license (part 1.3 of article 161 of the Housing Code of the Russian Federation). In addition to the way of managing the general meeting of owners of premises, it is necessary to select a specific managing organization, agree with it the terms of the contract and the amount of payment for maintenance and repair. When choosing a management organization, the general meeting of the owners of the premises concludes a management agreement with each owner on the terms specified in the decision of the general meeting (Part 1 of Article 162 of the Housing Code of the Russian Federation).

Under the terms of the contract, the management organization, within the agreed period for a fee, undertakes to provide services and perform work on the proper maintenance and repair of common property in the apartment building, to provide utilities to the owners of premises and to persons using the premises in this house, to carry out other activities aimed at achieving the objectives of managing the apartment building ( Part 2 of Article 162 of the Housing Code of the Russian Federation). The management agreement for an apartment building is concluded for a period of at least one year and not more than five years (part 5 of article 162 of the Housing Code of the Russian Federation). At the same time, the owners of the premises have the right to terminate the management agreement on the grounds provided for by civil law (part 8 of Article 162 of the Housing Code of the Russian Federation).

Behind improper rendering services, the managing organization is responsible to the owners in accordance with applicable law. The owners of the premises, on the basis of the decision of the general meeting, unilaterally have the right to refuse to execute the MKD management agreement if the management organization does not fulfill the terms of such an agreement, and decide on the choice of another management organization or on changing the method of managing the house (part 8.2 of Article 162 of the Housing Code of the Russian Federation) ...

disadvantages this method MKD control:

1) the focus of the management organization on making a profit from the provision of services to owners at the expense of increased tariffs, and not on the management of someone else's property;

2) the owners have no means of direct control over the results of the services provided or work performed;

3) appointment based on the results of the competition of the managing organization municipal authorities authorities in situations where the owners of the apartment building did not choose the method of management, and the complexity of the procedure for changing the management organization (part 4 of article 161 of the Housing Code of the Russian Federation).

Thus, housing legislation allows owners of premises to independently determine the most convenient way management of MKD, taking into account the full completeness of the existing relations both between the owners and with third parties.

The management organization wants to oblige the owner of the premises to conclude an agreement for the management of MK

The managing organization wants to recognize the actions of the local government on the selection of the managing organization for the management of the apartment building illegal, since the owners of the premises have already chosen the management organization

The owner of the premises wants to reimburse the losses incurred as a result of emergency in MKD

The managing organization was ordered to terminate the management of the apartment building

The new management organization wants to collect money from the predecessor for the repair (maintenance) of the common property of an apartment building

See all situations related to Art. 161 ZhK RF MKD

1. Management of an apartment building must ensure favorable and safe living conditions for citizens, proper maintenance of common property in an apartment building, solving issues of using said property, as well as providing public services to citizens living in such a building, or in cases provided for in Article 157.2 of this Code, constant readiness of utilities and other equipment that are part of the common property of the owners of premises in an apartment building for the provision of utilities (hereinafter - ensuring the readiness of engineering systems). The Government of the Russian Federation sets standards and rules for the management of apartment buildings.

(see text in previous edition)

1.1. The proper maintenance of the common property of the owners of premises in an apartment building should be carried out in accordance with the requirements of the legislation of the Russian Federation, including in the field of ensuring the sanitary and epidemiological well-being of the population, on technical regulation, fire safety, consumer protection, and must ensure:

1) compliance with the requirements for the reliability and safety of an apartment building;

2) safety of life and health of citizens, property individuals, property of legal entities, state and municipal property;

3) availability of use of premises and other property that is part of the common property of owners of premises in an apartment building;

4) observance of the rights and legitimate interests of the owners of premises in an apartment building, as well as other persons;

5) the constant readiness of utilities, metering devices and other equipment that are part of the common property of owners of premises in an apartment building to supply the resources necessary for the provision of public services to citizens living in an apartment building, in accordance with the rules for provision, suspension and restrictions provision of utilities to owners and users of premises in apartment buildings and residential buildings established by the Government of the Russian Federation.

1.2. The composition of the minimum list of services and works necessary to ensure the proper maintenance of common property in an apartment building, the procedure for their provision and implementation are established by the Government of the Russian Federation.

1.3. The activities for the management of apartment buildings are carried out on the basis of a license for its implementation, except for the case of such activities being carried out by a homeowners' partnership, housing cooperative or other specialized consumer cooperative and the case provided for in part 3 of Article 200 of this Code.

2. The owners of premises in an apartment building are obliged to choose one of the methods of managing an apartment building:

1) direct management of the owners of premises in an apartment building, the number of apartments in which is not more than thirty;

(see text in previous edition)

2) management of a homeowners' association or housing cooperative or other specialized consumer cooperative;

3) management of the managing organization.

2.1. When exercising direct management of an apartment building by the owners of premises in this building, persons performing work on the maintenance and repair of common property in an apartment building, providing cold and hot water supply and carrying out water disposal, electricity supply, gas supply (including supply of domestic gas in cylinders), heating ( heat supply, including the supply of solid fuel in the presence of stove heating), the handling of solid municipal waste, are responsible to the owners of premises in this house for the fulfillment of their obligations in accordance with concluded contracts, as well as in accordance with the rules for maintaining general property in an apartment building, rules for the provision, suspension and restriction of the provision of utilities to owners and users of premises in apartment buildings and residential buildings.

(see text in previous edition)

2.2. When an apartment building is managed by a homeowners' partnership or a housing cooperative or other specialized consumer cooperative, the said partnership or cooperative is responsible for the maintenance of common property in this building in accordance with the requirements of technical regulations and the rules established by the Government of the Russian Federation for maintaining common property in an apartment building, for the provision of utilities services depending on the level of improvement of this house, the quality of which must meet the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of utility services to owners and users of premises in apartment buildings and residential buildings, or in the cases provided for in Article 157.2 of this Code, for ensuring readiness of engineering systems. The said partnership or cooperative may provide services and (or) perform work on the maintenance and repair of common property in an apartment building on their own or engage, on the basis of contracts, persons engaged in the relevant activities. When concluding an agreement for the management of an apartment building with a management organization, the said partnership or cooperative shall exercise control over the fulfillment by the management organization of obligations under such an agreement, including the provision of all services and (or) performance of work ensuring the proper maintenance of common property in this building, and the provision of utilities. services depending on the level of improvement of this house, the quality of which must meet the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of communal services to owners and users of premises in apartment buildings and residential buildings.

(see text in previous edition)

ConsultantPlus: note.

When changing the method of managing an apartment building or choosing a managing organization, you can decide to maintain the previous procedure for the provision of utilities and payments for them (Federal Law of June 29, 2015 N 176-FZ).

3. The method of managing an apartment building is selected at a general meeting of owners of premises in an apartment building and can be selected and changed at any time on the basis of its decision. The decision of the general meeting on the choice of the management method is mandatory for all owners of premises in an apartment building.

(see text in previous edition)

3.1. When the management of an apartment building is terminated by a homeowners' partnership, a housing or housing construction cooperative, or another specialized consumer cooperative, the said partnership, cooperative, within three working days from the date of the decision of the general meeting of owners of premises in an apartment building to change the method of managing such a building, must transfer technical documentation for an apartment building and other documents related to the management of such a house, keys to premises that are part of the common property of owners of premises in an apartment building, electronic access codes for equipment that is part of the common property of owners of premises in an apartment building, and other technical means and equipment necessary for the operation and management of an apartment building, to a person who has assumed obligations to manage an apartment building, or in the case of choosing a direct method of managing an apartment building The tenant of a room in an apartment building specified in the decision of the general meeting of owners of premises in an apartment building on the choice of a direct method of managing an apartment building, or, if no such owner is specified, to any owner of a room in such an apartment building.

4. The local self-government body, in the manner established by the Government of the Russian Federation, shall conduct an open tender for the selection of a managing organization in the cases specified in part 13 of this article and part 5 of article 200 of this Code, as well as if, within six months prior to the date of holding of the specified competition, the owners of the premises in the apartment building did not choose the method of managing this house or if the decision to choose the method of managing this house was not implemented. An open tender is also held in the event that, before the expiration of the term of the management agreement for an apartment building, concluded as a result of an open tender, the management method for this building has not been chosen, or if the decision to choose the management method for this building has not been implemented.

(see text in previous edition)

4.1. Information about an open tender for the selection of a management organization is posted on the official website of the Russian Federation in the information and telecommunications network "Internet" for posting information about the bidding (hereinafter - the official website on the Internet). The Government of the Russian Federation determines the official website on the Internet and the body authorized to maintain it. Prior to the determination by the Government of the Russian Federation of the official website on the Internet, a notice of an open tender shall be posted on the official website of the municipality in the information and telecommunications network Internet, and also published in the official printed publication intended to publish information on placing orders for municipal needs ... Information about the holding of the specified tender should be available for familiarization to all interested parties free of charge. Information about the results of the open tender is posted on the website in the information and telecommunications network "Internet", on which information about its holding was posted, no later than three days from the date of determination of such results, and is also published in the official print publication in which information about conducting it.

5. The local self-government body, within ten days from the date of the open tender provided for in part 4 of this article, notifies all owners of premises in an apartment building about the results of the said tender and the terms of the contract for the management of this building. The owners of premises in an apartment building are obliged to conclude a management agreement for this building with a management organization selected based on the results of an open tender provided for in part 4 of this article, in the manner prescribed by article 445 of the Civil Code of the Russian Federation.

6. The local self-government body, no later than one month before the expiration of the contract for the management of an apartment building specified in part 5 of this article, shall convene a meeting of owners of premises in this building to decide on the choice of a method for managing this building, if such a decision has not been previously made in accordance with with part 3 of this article.

(see text in previous edition)

8.1. It is not allowed to conclude a management agreement for an apartment building based on the results of an open tender or if the specified tender is declared invalid, earlier than ten days from the date of posting information about the results of the specified tender on the official website on the Internet. This requirement does not apply until the Government of the Russian Federation determines the official website on the Internet.

9. An apartment building can only be managed by one management organization.

(see text in previous edition)

10.1. The managing organization is obliged to provide free access to information on the main indicators of its financial and economic activities, on the services provided and on the work performed for the maintenance and repair of common property in an apartment building, on the procedure and on the conditions for their provision and implementation, on their cost, on prices (tariffs) for the provided utilities by placing it in the system. The procedure, composition, timing and frequency of placement in the system of information on the management of an apartment building and the provision of documents for review, provided for by this Code, by a homeowners' partnership or a housing cooperative or other specialized consumer cooperative that manages an apartment building (without concluding an agreement with the management organization ) are established by the federal authority executive powercarrying out functions for the development and implementation of state policy and legal regulation in the field information technologies, in conjunction with the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services, unless another period for posting this information in the system is established by federal law.

(see text in previous edition)

1) provide resource supplying organizations, a regional operator for handling solid municipal waste with the information necessary for calculating utility bills, including on the readings of individual metering devices (when such readings are provided by the owners of premises in an apartment building and tenants of residential premises under social employment contracts or contracts for the lease of residential premises of the state or municipal housing stock in this house of the management organization, a homeowners' partnership or a housing cooperative or other specialized consumer cooperative) and collective (common house) metering devices installed in an apartment building;

2) monitor the quality of communal resources and the continuity of their supply to the borders of the common property in an apartment building;

4) provide resource-supplying organizations with access to common property in an apartment building to suspend or restrict the provision of utilities to owners of premises in an apartment building and tenants of residential premises under social employment contracts or contracts for the lease of residential premises of state or municipal housing stock in this building or by agreement with resource supplying organizations to suspend or restrict the provision of utilities to owners of premises in an apartment building and tenants of residential premises under social rental contracts or rental contracts for residential premises of the state or municipal housing stock in this building.

(see text in previous edition)

12. Management organizations, homeowners' associations or housing cooperatives or other specialized consumer cooperatives that manage apartment buildings are not entitled to refuse to conclude, in accordance with the rules specified in part 1 of Article 157 of this Code, contracts, including with respect to utility resources consumed when maintaining common property in an apartment building, with resource supplying organizations that provide cold and hot water supply, water disposal, electricity supply, gas supply (including supply of domestic gas in cylinders), heating (heat supply, including supply of solid fuel in the presence of stove heating), and a regional operator for the management of solid municipal waste, except for the cases provided for in part 1 of Article 157.2 of this Code. The validity period and other conditions of the said contracts, concluded, inter alia, in relation to the acquisition of communal resources consumed in the use and maintenance of common property in an apartment building, are established in accordance with the rules specified in part 1 of Article 157 by Part 4 of this Article, an open tender. Within ten days from the date of the open tender, the local government shall notify all persons who have received from the developer (the person providing the construction of an apartment building) after the issuance of a permit to enter the apartment building into operation of the premises in this building under a deed of transfer or other transfer document, on the results of an open tender and on the terms of the contract for the management of this house. These persons are obliged to conclude a contract for the management of this house with a management organization selected based on the results of an open tender. If, within two months from the date of the open tender, the owners have not concluded a management agreement with the management organization, such an agreement is considered concluded on the terms determined by the open tender.

part 7 of Article 46 of this Code. In the event of the sale or otherwise alienation of the first premises in this apartment building, the owners of premises in this apartment building, within one year from the date of sale or otherwise alienation of the first premises in this apartment building, must select such owners at a general meeting and implement the management method for this apartment building ...

15. The organization that supplies the resources necessary for the provision of utilities is responsible for the supply of these resources of appropriate quality to the boundaries of the common property in the apartment building and the boundaries of the external networks of engineering and technical support of this building, unless otherwise provided by an agreement with such an organization.

15.1. The regional operator for the management of municipal solid waste is responsible for the provision of municipal solid waste management services starting from the place of accumulation of municipal solid waste, unless otherwise specified in the contract.

(see text in previous edition)

16. A person who is responsible for the maintenance and repair of common property in an apartment building, within the framework of the provision of these services, is obliged to ensure the condition of the common property in an apartment building at the level necessary to provide public services of adequate quality.

17. Management of an apartment building, in respect of which the owners of premises in an apartment building have not chosen the method of managing such a building in the manner prescribed by this Code, or the chosen management method has not been implemented, the management organization has not been determined, including due to the recognition of the open tender for the selection as invalid a management organization conducted by a local government body in accordance with this Code is carried out by a management organization licensed to carry out entrepreneurial activities for the management of apartment buildings, determined by a decision of the local government in the manner and on the terms established by the Government of the Russian Federation. Such a managing organization carries out activities for the management of an apartment building until the owners of premises in an apartment building choose a method for managing an apartment building or before concluding a management agreement for an apartment building with a management organization determined by the owners of premises in an apartment building or based on the results of an open tender provided for in part 4 of this article, but no more than one year.

- coordinated activities of owners of premises to create and maintain favorable and safe environment living in this house, ensuring the proper maintenance of the OI, resolving issues of using this property, providing CU to citizens living in this house. The house is managed by the owners of the premises independently or by choosing a management method. Therefore slegislation provides for ways to manage MKD, there are only three of them (part 2 of article 161 of the Housing Code of the Russian Federation, see the table below):

direct management of the owners of premises in MKD, the number of apartments in which is no more than 30;
management of a HOA or a specialized consumer cooperative (ZhK, ZhSK);
management of the MA.

Table "Methods of MKD control"

	Grounds for recognizing the method of MKD control implemented	Normative rationale
	The majority of owners in MKD have entered into contracts for the provision of services for the maintenance and (or) performance of work on the repair of OI with persons engaged in the relevant activities	Article 164 ZhKRF, para. 2 pp. 2 p. 3 of the Rules for the competition for the selection of the MA
	The owners of the premises in the MKD, who have more than 50% of the votes of the total number of votes of the owners of the premises in this house, entered into a management agreement with the elected MA. Within 30 days, the MC began to fulfill its obligations, unless another period is specified in the MKD management agreement	Parts 1, 7 of Art. 162 ZhKRF, para. 4 pp. 2 p. 3 of the Rules for the competition for the selection of the MA
Office of HOA, ZhK, ZhSK	The owners of the premises in the MKD have sent to the authorized federal executive body the documents necessary for the state registration of a homeowners association or housing estate	Paragraph 3 pp. 2 p. 3 of the Rules for holding competitions for the selection of an MA

Methods for managing MKD - refers to the competence of the general meeting of owners of premises (hereinafter - UTS). The management method for an apartment building is selected on the UTS and can be selected and changed at any time based on its decision. The USSP decision on the choice of a management method is mandatory for all owners in an apartment building (part 3 of article 161 of the RF LC).

Direct control method

With this method of management, the UTS selects organizations to provide maintenance services and (or) to perform work on the OI repair. All or most of the owners of premises in such a house act as one party to the contracts concluded (part 1 of article 164 of the RF LC).

In relations with third parties, he has the right to act (part 3 of article 164 of the LC RF):

- one of the owners in the house, authorized for these actions by the USSP decision;

- another person who has the authority, certified by a power of attorney issued to him in writing by all or most of the owners of premises in the house.

note: the conclusion of an agreement for the management of apartment buildings with a direct method of management of housing legislation is not provided.

When choosing direct control of MKD, it is advisable to choose:

contractors;
mKD council or an authorized person who will act on behalf of the owners and in their interests.

Utilities are provided directly by RNO. Each owner concludes contracts for the supply of CU on his own behalf (part 2 of article 164 of the RF LC).

The service of MSW handling is provided by a regional operator for MSW handling (part 11.1 of article 161 of the RF LC) under a separate agreement with each owner.

The duties of the RSO do not include the maintenance of in-house utilities. The RNO is responsible for supplying KU of proper quality to the boundaries of the OI and the boundaries of the external networks of engineering and technical support of MKD. The agreement between the owners and the RNO may define a different limit of responsibility (part 15 of article 161 of the RF LC).

Responsibility to the owners of the premises in the MKD for the maintenance of the OI and the provision of CU are borne by the organizations with which they have entered into contracts (part 2.1 of article 161 of the RF LC).

The quality of work and services must correspond to:

concluded contracts;
the requirements of the Rules for the maintenance of common property and the Rules for the provision of utilities.

Management of MKD by a homeowners' association

According to Part 2 of Article 161 of the ZhKRF HOA is one of the ways to manage an apartment building. The creation, structure and activities of the HOA are regulated by Sec. VI ZhK RF.

Advantages of TSN (HOA) are as follows.

Members of the board, including the chairman, are the owners of the premises in your home, who are not indifferent to the condition of the roof, utilities, elevators and other common share property.

Homeowners' association is obliged to submit legitimate interests owners of premises in the MKD (Article 137 of the Housing Code). This means that by organizing an HOA in your home, you will never be left alone with problems.

Any HOA member has the right not only to know where and how his funds are spent, but also to influence this process, ensuring the quality he needs. housing services, and through the board of the HOA - and utilities.

The creation of an HOA will ensure the proper quality of the provided housing services simply because you yourself will control the execution of work and the expenditure of funds.

Homeowners association provides an opportunity to earn additional funds that will be used to improve the quality of life in the house. Additional income to the budget of the HOA can be obtained from the lease of the OI, from additional services provided to the owners of premises (i.e. those that are not included in the list of basic services provided by the partnership to its members without charging additional fees (installation entrance doors, carrying out repair work in the apartment, etc.)).

Membership in a HOA forms the consciousness of active owners, which means that residents will be more careful about their home.

Taking common solutions, you will finally get to know your neighbors. And this is useful, including from a security point of view.

If you live in a new building, then the competent management of the HOA will allow you not to think about the Kyrgyz Republic for many years, open a special account to accumulate contributions for overhaul.

Membership in a HOA allows you to move from solving the problems of ensuring the life of the house to improving the quality and comfort of living.

The main advantage of the HOA - with the right choice of the HOA board, you not only decide for yourself how much money you will spend on maintaining your home, but you can also be sure that these funds will be used to solve the problems of your home.

Management of MKD by the managing organization

Management Methods MKD completes the management of the MA (managing organization).

To recognize the method of managing MKD by the managing organization, the following conditions must be met:

the owners made a decision on the choice of the MKD management method - management of the MA;
selected a specific managing organization;
approved at the meeting the draft management agreement (with essential terms);
the owners who have more than 50% of the votes of the total number of votes of the owners in this house have entered into an agreement for the management of MKD with the elected UO (part 1 of article 162 of the RF LC);
within 30 days, the MA began to fulfill its obligations, unless another period is specified in the MKD management agreement (part 7 of article 162 of the RF LC).

UO — entity regardless of the organizational and legal form or individual entrepreneur who carry out activities for the management of apartment buildings on the basis of a license (part 4.2 of article 20 of the Housing Code).

MA is a commercial organization, main goal which is to make a profit from the provision of services and (or) performance of work in the management of MKD.

There are the following features of management of the UO (part 6.2, 13 article 155, part 1 article 157, part 2.3, 10, 10.1, 11 article 161, part 7, 10, 11 article 162 of the ZhKRF):

First of all, MA is responsible to the owners:

for the provision of services and (or) performance of work that ensure the proper maintenance of the OI;
for providing KU depending on the level of home improvement.

Secondly, The MA is obliged to commence the implementation of the management agreement no later than 30 days from the date of its signing.

Thirdly, The MA receives payment for the provided KU and makes settlements with the RNO for the supplied utilities and sewerage, with the regional operator for the provision of services for the management of MSW.

Fourth, The MA has the right to make proposals to the OSS on the list of works and services (management of MKD, maintenance, current and major repairs of the OI) and on the amount of the corresponding fee.

Fifth, MA is obliged to report to the owners on the implementation of the management agreement for the previous year annually during the first quarter of the current year and place the report in the GIS Housing and Communal Services.

At sixth, UO is obliged to place in the GIS Housing and Communal Services information on the activities of the management of MKD.

The MA is responsible for the performance of all work and provision of services in accordance with the provisions of the current legislation and the terms of the management contract. The MA has the right to carry out work on its own or with the involvement of contractors and does not have the right to refuse to conclude contracts with the RSO and the regional operator for the management of MSW (part 12 of article 161 of the RF LC).

The MA, at its discretion, engages contractors to carry out the work. Accordingly, owners in MKD are not empowered to select contractors and determine the conditions under which this or that contractor is involved.

Only one UO can manage the MKD (part 9 of article 161 of the RF LC).

Recently, it became possible to move the owners of premises to.

New principles for the management of residential buildings. Direct management of an apartment building. Sample contract for the management of an apartment building

Information about changes:

Information about changes:

Information about changes:

Information about changes:

Information about changes:

Information about changes:

Table "Methods of MKD control"

Direct control method

Management of MKD by a homeowners' association

Management of MKD by the managing organization

Methods of MKD control: differences.

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