How to write an application to the management company for the provision of information - sample letter. Standard for disclosure of information in simple language When should the management company disclose information?

Of course, we all know very well that management organizations involved in the management of apartment buildings need to do this in several places simultaneously. The amount of information that needs to be published is large, and therefore questions still periodically arise about what exactly, in what volume and where it should be published. To clarify these issues once and for all, we decided to make a series of articles where we will try to talk as accurately and, at the same time, in as simple a language as possible, about all the nuances that are hidden behind the words “disclosure of information.”

First of all, let's understand the legislative framework. At the moment, there are two main documents regulating the information disclosure process. The first is the standard approved by Government Resolution No. 731, which describes the requirements for the types, procedure, methods and timing of information disclosure. And the second document is information disclosure forms approved by Order of the Ministry of Construction No. 882/pr, which, in fact, says what exactly needs to be disclosed. Of course, there are still a number of legislative acts dedicated to “GIS housing and communal services,” but we will talk about this system in detail in the next article.

Where to disclose?

According to the above sources, information must be disclosed, first of all, on the Housing and Communal Services Reform portal. Why exactly there, you can find out from ours. In addition to as on Reform, you also need to publish information on your website, or, if you don’t have one, then on the website of the executive authority or municipality to which your management company is affiliated.

This applies to posting information on the Internet, but besides this, it is also necessary to print out all this data and place it on information stands in the premises of the management organization.

What to disclose?

Here we come to the most important question. And to answer it briefly, management organizations must first tell everything about themselves, i.e. provide general information about the company, and then report in detail on each of the apartment buildings it manages.

Below is a complete list of positions that must be published.

1. Information about the management organization

   1. general information

      • Full and abbreviated name, indicating the organizational and legal form
      • Full name of the head
      • OGRN / OGRNIP
      • State place legal entity registration and postal address
      • E-mail address
      • Contact numbers, fax
      • Opening hours, including hours of personal reception of citizens
      • Information about the work of the dispatch service:
        • address
        • Contact phone numbers
        • operating mode
      • Number of houses under management and their total area
      • Information about the license to manage MKD
        • number
        • date of receiving
        • authority that issued the license
        • a copy of the license document itself

   2. Key indicators of financial and economic activity

      • Annual financial statements (including balance sheet with attachments)
      • Information on income and expenses in connection with the management of apartment buildings
      • Total debt to resource supply organizations for utility resources
      • Estimates of income and expenses of a partnership or cooperative
      • Report on the implementation of income and expense estimates

   3. Information on bringing to administrative responsibility for violations in the management of apartment buildings

      • Date of attraction
      • Who was involved?
      • Why
      • Name of control or judicial body
      • Number of violations identified
      • Document on the application of administrative measures (copy)
      • Measures taken to eliminate identified violations and the results of administrative action

   4. List of apartment buildings that are currently being managed

      • MKD address
      • Management basis
      • Management start date

   5. List of apartment buildings with contracts terminated in the previous calendar year

      • MKD address
      • Management basis
      • Management start date
      • End date of management

2. Information on each apartment building in management

   1. General information

      • Management contract
      • Method for forming a capital repair fund
      • Characteristics of an apartment building:
        • Address
        • Year of construction
        • Series, type of building construction
        • Number of storeys
        • Number of entrances
        • Number of elevators
        • Number of apartments
        • Area of ​​residential and non-residential premises
        • Cadastral number (if available)
        • Improvement elements
      • Engineering support systems
      • Basics of management for each home

   2. Structural elements

      • Foundation, walls, ceilings, facades, roofs, basement
      • Garbage chutes
      • Elevators
      • General meters
      • Electrical/heat and other supply systems
   3. • Name of works
      • Annual planned cost

   4. Public utilities

      • Grounds for provision
      • Rate
      • Service consumption standard
      • Information about utility suppliers

   5. Use of common property of apartment buildings

      • Name
      • Purpose
      • Square
      • Information on transfer of ownership or use to third parties

   6. Major renovation

      • Special account owner
      • Contribution amount
      • Details of the minutes of the meeting at which a decision was made on the method of forming the capital repair fund

   7. Owners' meetings

      • Date, protocol number
      • Solution (protocol)

   8. Report on the execution of the management contract (on the implementation of income and expense estimates) for the year

      • Performed works (services) for maintenance and current repairs
      • Already completed work with details
      • Information about any complaints regarding the quality of work
      • Utilities provided
      • Information about working with debtors

The list turned out to be not small at all. Moreover, let me remind you that we are now talking only about the information that needs to be posted on the Housing and Communal Services Reform portal, on our website and on information stands. If you want to check the completeness of information disclosure in your company for these positions, you can contact us for a free audit. And we’ll talk about “GIS Housing and Communal Services” in.

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The provision of services for the maintenance of an apartment building includes not only a range of works, but also the payment of fees every month.

Of course, apartment owners want to know what the management company is obliged to carry out and what the money paid is used for.

For this reason, legal norms have been adopted at the federal level, according to which management organizations must provide information about their activities.

Legislative regulation of the issue

In accordance with paragraph 11 of Art. 162 of the Housing Code of the Russian Federation, the management company is obliged to demonstrate every year report on the activities carried out and the funds spent.

In addition, in order for companies not to prepare reports only formally, clause 10 of Art. 161 Housing Code of the Russian Federation approved obligation to disclose information according to the standard.

In other words, the legislation has developed a legal act that regulates the procedure, methods and deadlines for providing information by management companies. This act was called “Standard for Disclosure of Information by Management Companies” and approved by the Government of the Russian Federation.

Standard includes not only information about business activities and financial costs, but also about the company itself.

What data is subject to disclosure?

Considering that the list of services and work performed is the same for everyone, and firms, as a rule, rarely come up with anything different, there are still significant differences in their work.

For owners of apartments in an apartment building, there is a list of criteria that will help evaluate the company’s work in accordance with the Standard.

general information

To implement paragraph 3 of Decree No. 731, the information provided by the company must include the specified information:

Financial

In addition, the organization must provide material information, namely:

• the main criteria for financial work, which include annual reports and balance sheets;
• information on income acquired as a result of management activities;
• expenses that were used to carry out repairs or purchase materials;
• prices and tariff plans for various types of work.

Of course, the organization must also post information O:

• list of services provided;
• activities performed;
• use of the property of an apartment building;
• companies supplying energy, gas, water.

Other

The company also must report O:

• time of major repairs;
• number of organized meetings of apartment owners;
• report, which is based on the management agreement.

Procedure and form of provision

The information disclosure procedure is established by paragraph 5 of the Standard, which stipulates that information is made publicly available via:

It is important to emphasize that owners of apartments in an apartment building have the right to get acquainted with information at any time, and not just during the publication of annual reports. Thus, a person living in the house can send a request in writing or electronically to receive a list of services provided, a price list, and so on.

It is worth noting that if a person requests information that is publicly available, then the management company has the right not to copy it in a response letter, but only to provide information about where and in what order the information of interest can be viewed.

Deadlines for notification

As statistics show, when undergoing licensing for the subsequent management of apartment buildings, the company expects to carry out work in the housing sector for many years, sometimes changing the clientele, which chose to move to a homeowners' association or housing cooperative. Since new clients have the right to know about previously carried out activities, all data about the management company must be retained for at least 5 years, while information must be updated regularly.

In accordance with paragraph 9 of the Resolution, the organization should post service information of a specific apartment building within thirty days from the date of signing the management agreement. Intelligence about financial and economic work must be published every 3 months at a minimum.

Wherein response letters to requests from apartment owners according to the Decree, they must be sent within 5 business days, and in case of electronic appeal - 10 days. The list of services provided must be regularly displayed on the stand, taking into account the latest changes. According to the law, the change must be displayed on the information sign within 10 days.

New changes must be produced:

• on the main portal - 7 days;
• periodicals - 30 days.

Consequences of violating the standard

Legislative changes, according to which management companies are required to provide information based on the Standard, occurred in 2010, but many organizations commit significant violations in their work, hiding information about their functioning.

There are serious penalties for such violations.

Namely, the Code of Administrative Responsibility of the Russian Federation established fines ranging from 30 to 200 thousand rubles, which can be imposed both on a specific employee and on the company as a whole. In addition, supervision is regularly carried out by the prosecutor's office and the housing inspection. If gross violations are revealed during the inspection, the organization may lose its license through legal proceedings.

About the conditions and rules for informing owners of apartments in apartment buildings by management companies in accordance with the Standard, see the following video:

Since the beginning of 2018, management organizations operating in the regions have been required to disclose information about themselves to the State Information System of Housing and Communal Services. Soon, similar requirements will begin to apply to management companies in Moscow, St. Petersburg and Sevastopol. However, the information system is still being finalized, as well as the regulatory framework on this issue. In such conditions, management organizations are left with a lot of questions about information disclosure, and we will try to answer them in this article.

The housing and communal services sector in our country remains a common target of criticism and increased attention from authorities. The government sees the need to increase transparency in the industry as one of its main tasks. The last serious step in this direction is the creation of a GIS for housing and communal services, where all management and resource supply organizations must enter information about themselves and their activities. This information system was created jointly by the Ministry of Construction and the Ministry of Telecom and Mass Communications.

The publication of information for the Criminal Code has been made an obligation, failure to comply with which will result in punishment. Due to the special significance of this issue, we consider it necessary to consider it in more detail.

Download useful forms from the article:

Form for disclosing information on the list of apartment buildings managed by management companies, homeowners' associations, residential complexes, housing cooperatives

Disclosure form information on bringing administrative authorities, homeowners' associations, residential complexes, housing cooperatives to administrative liability for violations in the field of management of apartment buildings This form, in accordance with the order of the Ministry of Construction of Russia dated December 22, 2014 No. 882/pr, has been applied since May 25, 2015.

What information needs to be disclosed to HOAs, residential complexes and housing cooperatives in 2018

In 2018, management companies continue to be subject to information disclosure requirements prescribed in Art. 193 and part 10 of Art. 161 Housing Code of the Russian Federation. This obligation is reinforced by the Information Disclosure Standard, which is established by GD No. 731 of September 23, 2010.

In most cases, all management organizations perform the same work from a common list and rarely introduce any new activities. However, significant differences still appear in their activities. So that ordinary owners of premises in apartment buildings can assess what the management company does, how effectively it fulfills its duties and spends the funds received, information is disclosed.

Information disclosed by management organizations can be divided into four categories.

1. General information. This includes everything related to the organization itself:

• full title;
• license number;
• office adress;
• Full names of managers and leading specialists;
• telephones and other methods of communication, including e-mail. The number for an emergency call to the dispatcher must be indicated;
• operating mode;
• a list of buildings served, indicating their full characteristics (address, number of floors and apartments, year of construction, degree of improvement, design and technical features);
• information about apartment buildings that were previously under maintenance, indicating the reasons for termination of the management contract;
• information about bringing management employees to administrative responsibility for poor quality work on managing the house.

2. Financial information. Information about all expenses of the management company should also be transparent:

• annual report, balance sheet and other financial indicators;
• income from services provided;
• expenses for the purchase of materials and repair work;
• prices and tariffs for housing and communal services, as well as for other work performed;
• resource consumption standards.

3. Information regarding the maintenance and repair of apartment buildings. This includes the following points:

• list of services provided;
• list of completed works;
• information about the use of common property;
• information about organizations that supply utility resources.

4. General data on the interaction between the management company and the owners of the premises. The management company disclosure standard requires public disclosure of:

• number of house-wide meetings of residents held;
• information on the implementation of the management agreement, in detail for each house;
• deadlines for major repairs, if the owners of the premises have given their consent to this.

In the journal “Management of MKD”, a separate material is devoted to the topic of annual placement of information in the GIS Housing and Communal Services. It contains 24 types of data in table form with references to regulatory documentation. This will be a useful aid for management companies that want to avoid sanctions for failure to comply with legal requirements.

Where to disclose information

In accordance with the new rules for disclosure of information by management organizations, which came into force in the spring of 2018, they are now required to provide information in 4 places at once:

• notice boards in the house itself (usually they are installed in entrances);
• signs at the management office;
• information stands inside the management company office;
• GIS Housing and Communal Services and Housing and Communal Services Reform websites.

If this order is violated in any place, the management organization is subject to fines.

The smallest amount of information is placed on the signboard of the educational institution. Here it is enough to indicate its name, actual address, telephone numbers, operating hours and e-mail. Such a list is enshrined in clause 31 of the rules established by GD No. 416 of May 15, 2013. If changes occur in any of the above points, they must be reflected on the sign. 3 working days are given for this.

The rules for disclosing information for management companies are described most fully in a special article from the July issue of our magazine “MKD Management”. From it you will learn:

• what should be posted on notice boards and how often they are updated;
• how to prepare an information stand in the office of the management company;
• What are the rules for working with the GIS Housing and Communal Services and Housing and Communal Services Reform websites?

Working with the information system requires more attention. It is important to post the information in the GIS housing and communal services without errors, since if they are detected by the regulatory authorities, the management company may also be fined. This system is still undergoing the “break-in” procedure, although it is already mandatory. Accumulated practice has made it possible to identify several typical mistakes made by management companies when interacting with the information system.

One of these errors is incomplete loading of payment documents. When placing files on the system, you must not only send them to a remote server. Don’t forget to transfer them from the “Project” status to “Posted”. If this is not done, the system will not see the payment card and the consumer will not be able to use it.

9 common mistakes when working with GIS housing and communal services are described in the article in the magazine “Management of MKD”. It will be an excellent practical guide, since in addition to simple text descriptions, it contains screenshots of forms from the system and comments from our specialists in the form of short videos.

Management companies punish violations of work rules not only with fines. In some cases, such an unpleasant sanction for the manager as disqualification is provided. The question of whether the head of a management company can be disqualified due to failure to comply with information disclosure requirements is discussed in detail in a special article from our magazine.

How to respond to requests from residents

The tightening of information disclosure obligations for management companies is largely a result of the fight for tenants' rights. They pay for the services of the management company, and therefore must receive reliable data about its work. Owners can exercise this right at any time. They do not have to wait for the next annual report to clarify the information they are interested in.

A resident of a building served by the management organization can submit a written or electronic request to it regarding the list of services provided, their cost, quality and regularity.

If the management company has previously disclosed the requested information in one of the sources used, then it does not have to duplicate it in writing. In such a situation, it is enough to indicate to the consumer the address of the website or other place where the information is publicly available.

If the information has not been posted anywhere before, then the request must be answered. When the applicant submits it in writing to the management organization, it is given five days, in electronic form - ten days.

We must not forget that the disclosure of information by management organizations requires its regular updating. For example, on websites this must be done within 7 days, but in official periodicals 30 days are given for the same procedure.

What information does the MA not have to disclose?

Sometimes owners may request documentation and information from the management company that it is not required to disclose by law. For example, apartment owners may require to show them the organization's primary accounting documents. Here, the management company has the right to refuse, unless otherwise specified in the management agreement, the HOA charter or the OSS decision.

An expert article from the journal “Housing and Communal Services Management” is devoted to the question of what documentation the management authority is not obliged to provide to owners. From it you will learn:

• what information about its financial and economic activities the management company discloses without fail, and in what form this is done;
• to whom information on financial and economic activities is provided;
• what documents may not be shown to the owners even if they receive requests.

To substantiate the theses, the article provides references not only to regulatory documents, but also to court decisions, that is, to the actual practice of working with these issues.

I think you will agree that often the owners of premises in apartment buildings require the management organization to provide information that the management company should not disclose to apartment owners at all. This includes internal documentation of the management company or information about financial and economic activities not provided for. This data may not be provided to the owners, unless otherwise provided in the management agreement. Let's talk about how to justify your response to the owners and which regulations to refer to.

What information should the management company disclose?

If owners of premises in apartment buildings ask the management organization to provide them with data on the salaries of the management company’s employees, the amount of office rent or other similar information, then the management company has the right not to provide it on legal grounds, referring to clause 3 of the Information Disclosure Standard (Resolution of the Government of the Russian Federation No. 731 of September 23, 2010) .

But here we need to make a small reservation. If the MKD management agreement stipulates the management organization’s obligation to provide owners with information other than the Disclosure Standard and on other forms of reporting at a certain frequency, then the management company will have to provide such information at the request of consumers.

For example, if the management agreement for an apartment building stipulates that the management company provides information on the cost of work and services, then the owners may require their management organization to provide them with information, say, on the cost of janitor equipment.

Failure to provide owners with information not provided for by the Disclosure Standard does not constitute a violation for the management organization. She cannot be fined for this. The full list of information subject to mandatory disclosure is specified in clause 3 of the Standard. Let's list it:

• general information about the management company, the main indicators of financial and economic activities (annual financial statements and balance sheet with appendices thereto, information on income and expenses received and incurred in connection with the provision of services for managing apartment buildings according to separate accounting of income and expenses);
• a list of apartment buildings in the management of the management company, indicating their addresses and the basis of management for each house;
• a list of apartment buildings with management contracts terminated last year, indicating their addresses and grounds for termination;
• general information about apartment buildings in management with the characteristics of the house (address, year, series and type of construction, number of storeys, number of apartments, area of ​​residential and non-residential premises and premises included in the common property, level of improvement, cadastral number (if any), structural and technical parameters, engineering support systems and the area of ​​the land plot as part of the common property);
• information about the work performed and services provided, indicating their cost by content and current repairs of common property in the apartment building and other services related to achieving the goals of management of apartment buildings;
• information about the provided utility services (about suppliers of utility resources, established prices (tariffs) for utility resources, utility consumption standards);
• information on the use of common property in apartment buildings;
• information about major repairs of common property in an apartment building, if by decision of the general meeting of owners the management organization is entrusted with organizing the major repairs of this house (formation of a capital repair fund on a special account of the house). If the owners’ funds go into the “common pot”, that is, they are formed in the capital repair fund of the regional operator, then the management company should not post this information;
• information about the general meetings of owners of premises in apartment buildings with their results;
• report on the management organization’s performance of the management agreement for the past year;
• information on cases of bringing a management organization or its official to administrative responsibility for violations in the field of management of apartment buildings, with copies of documents on the application of administrative measures and information on measures taken to eliminate violations.

Why the management company should not disclose information to owners that is not provided for by the Standard

According to the Information Disclosure Standard, owners cannot require the provision of originals and certified copies of documents of the management organization, unless otherwise provided in the management agreement. If the management organization receives such a request from the owner, then he should be invited to come to the management company’s office to review the documents. At the same time, it is necessary to clarify which specific documents the owner can familiarize himself with Disclosure standard and Federal Law No. 152 of July 27, 2006 “On Personal Data”.

Notify the owner that, in accordance with the requirements of Article 19 of Federal Law No. 152 of the Criminal Code, the Criminal Code has the right to take measures to protect its personal data. In this regard, familiarization of the owner with the documentation of the management company may be accompanied by registration in a special journal and the use of video and photography in order to avoid theft, destruction and damage to original documents.

According to clause 21 of the Government of the Russian Federation No. 731, management organizations disclose information on Ministry of Construction forms(Order No. 882/pr) based on a written request from the consumer. It is also explained here that consumers are recognized as individuals and legal entities who are the owners of premises in apartment buildings (clause 6 of the Disclosure Standard).

Thus, only owners have the right to request certain information from their management company. All other citizens and organizations do not have this right. That is, if you are approached by a housing utility consumer who is not the owner of the premises in an apartment building, then you have the right to refuse to provide him with any information upon request.

For an unlimited number of people, as stated in RF PP No. 731, there are information stands in the offices of management companies and notice boards in hallways MKD. There, the information provided for by the Standard and RF PP No. 354 is posted specifically for everyone who wants to familiarize themselves with it.

How to motivate an owner to refuse to provide information upon request

What to do if the owner contacts you with a request to provide him with information, for example, about the cost of building materials or the cost of work performed. Such a requirement in the form of a written request may be made in case of refusal. chairman of the house council or another person authorized by the decision of the general meeting of owners to sign this act.

In this case, the management organization can safely refuse the owner on the grounds that he does not have the right to check the cost of work performed and services provided, including the price of building materials specified in the act (Article 748 of the Civil Code of the Russian Federation, RF PP No. 491). But here again we will make a reservation, which is very important: unless otherwise provided in the management agreement.

The acceptance certificate for completed work, as well as the information disclosure forms (Order of the Ministry of Construction No. 882/pr), indicates not the cost of the work, but its actual cost. Therefore, the management company may respond that the information requested by the owner is not subject to disclosure in accordance with the requirements of current legislation. Consequently, such information cannot be provided to the owner, unless otherwise provided by the management agreement.

Owners and consumers of housing and communal services can view all information on the Ministry of Construction forms on the website of the Management Company, the Housing and Communal Services Reform portal and partly in the Housing Information System. Printed information is stored on information boards in the office Criminal Code and on notice boards in the entrances of apartment buildings.

The owners cannot force the management organization to provide them with the desired information upon request, unless otherwise provided in the management agreement. Everything is only within the framework of the Information Disclosure Standard and only according to the Ministry of Construction forms. We also remind you that neither the current legislation nor the management agreement allows owners to make copies of original documents in any way.

To familiarize yourself with information on the Disclosure Standard, the management company can direct owners to the Housing and Communal Services Reform portal or the Management Company website, indicating the appropriate links in a written response to the request.

Regardless of the decision taken by the MA to provide information to a resident of an apartment building, the organization is obliged to respond to him within 1 to 30 days, depending on the nature of the request. In order not to lose a single request and send a response to it on time, the MA can keep a record of applications and requests using. Try it for free!