Methods of managing an apartment building. How to directly manage an apartment building? How to register direct management of an apartment building

Direct management (DI) of an apartment building (MAB) is a method of managing the entire housing and communal structure, in which the management functions and provision of services are provided not by the management company, but exclusively by the initiative of the owners of residential premises.

Creation of an initiative group

An initiative group is a group of people who have agreed to take on the responsibility of being intermediaries between other residents and contractors.

Their responsibilities also include monitoring timely payment for services, organizing general meetings of owners (GMS) and monitoring the quality of improvement. It is desirable that each entrance of the house have at least one representative in the initiative group.

How to attract neighbors?

The decision to change the method of managing an apartment building is made by a general vote of residents. For the transition to direct control to take place, it is necessary to obtain more than 50% of the total votes in favor. The decision is voluntary; the opinions of the owners can only be influenced by reasoned arguments in favor of the greater benefits of NU in comparison with. It is necessary to explain that no one will take care of the residents and their living conditions as much as they themselves.

An additional weighty argument is that no one will be able to pocket money for utilities if they are not given to third-party services.

Holding a meeting

One of the important points in the procedure for transferring to direct management of an apartment building is holding a meeting of residents. The decision on where and when the first meeting of residents should be held is made by the initiative group team. There are rules that must be followed. The group informs the owners of its decision, announcing who initiated the meeting, as well as indicating the date and time of the event. It is also mandatory to draw up a list of issues on the agenda.

The main issues discussed at the OOS:

1. The feasibility of switching to NU. If, based on the voting results, it was decided to change the management method, move on to the next question.
2. Selecting the person responsible for management. This person will conduct business and enter into agreements with the RSO.
3. When the team has decided on a leader, it is necessary to select contractors who will provide utilities.

Drawing up a protocol

The verbal agreement of the residents has no legal force, therefore the decision to switch to NU is recorded. The protocol has a clear structure:

• Details of the protocol: name, date of the meeting, address of the house, type of meeting and form of voting (in person, in absentia).
• Introductory part. All participants are listed here: initiator, chairman, secretary, list of owners who take part. The total number of votes and the area of ​​the house are also documented.
• Agenda. A list of issues to be discussed at the meeting is indicated. The items on the agenda in the minutes must correspond to the issues specified in the notice of participants about the meeting.
• Below is an indication of who spoke on what issue, what proposals were put forward, and what decisions were made on them.
• Attached to the protocol are appendices containing the register of delivery of invitations to the OSS, a register of all owners, a registration form for owners who participated in the OSS and other documents related to the meeting.
• Signature, full name and vote of each voting participant.

Procedure for concluding contracts

MKD is not an organization, that is, a legal entity. He cannot do business with contractors. And agreements on the provision of services have to be signed separately for each apartment. To avoid such inconvenience, all owners can write a power of attorney to the responsible person. Then it will be able to sign cooperation documents, representing the interests of all owners at once.

To conclude an agreement, the following documents are required:

1. OSS protocol confirming that MKD wishes to switch to NU.
2. A copy of the protocol indicating the responsible person.
3. Technical passport of a residential building. You can provide a copy.
4. Draw up an application for concluding agreements with RSO.
5. Powers of attorney of apartment owners in the name of the authorized person who will sign the agreement.

How are responsibilities distributed among residents?

You can distribute responsibilities in two ways: orally or officially, adding the relevant issue to the OSS agenda:

• The first method is based solely on the belief that duties, such as landscaping entrances and landscaping adjacent land, will be performed in good faith.
• The second option is preferable. Responsibilities can be distributed either by voting or without it, by entering the conditions into the protocol, if none of the participants in the OSS objects.

  The protocol must specify who, according to what schedule, and what is doing to maintain the MKD in good condition.

Who pays for ODN and how?

General house needs (CHN) are charged by the resource supplying organization. In accordance with clause 44 of the “Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings”, the positive volume of RPV is distributed among all apartments in the apartment building in proportion to the area of ​​the residential premises.

According to paragraph 47 of the same law, the negative volume of one tax is calculated based on the number of people living in each apartment.

Features of NU

1. There is no rent in the usual form; all payments are made directly to utility organizations.
2. The debts of individual residents do not affect the other owners in any way.
3. The responsibilities of service providers are distributed, each performing its own functions.
4. Costs are significantly reduced due to the absence of intermediaries, management is carried out in-house.
5. If there are social rented apartments in an apartment building, municipal employees are responsible for them at OSS.
6. Residents can control their own utility costs; there is no risk of theft by intermediaries.

Prospects for self-government

The prospects for NU MKD in Russia today do not inspire optimism. There are fewer and fewer houses with 30 or fewer apartments due to demolition programs for old housing. On the contrary, multi-storey buildings are being built in all major cities. Therefore, one should not expect the development of such a method of managing MKD.

Owners of apartments in modern multi-storey buildings have a unique opportunity to independently choose an effective form of house management.

In addition to signing an agreement with the Management Company, residents can choose for themselves such a form as direct management. But it must be borne in mind that the number of houses in which this form is legally permitted is limited.

The direct method of managing an apartment building is permitted only for those apartment buildings that contain no more than 16 apartments. This restriction came into force in 2015 after the release of Federal Law No. 255.

This law led to some changes in housing legislation. According to it, property owners in multi-apartment buildings can choose between two forms for managing their houses - the Homeowners' Association and the Management Company, with which they must sign an agreement.

ATTENTION! If a building with a large number of apartments used the direct control method before 2015, you need to switch to another method.

Peculiarities

What is the main difference between this form of home life management? Residents independently carry out its maintenance and repairs; they themselves enter into contracts with service companies and resource suppliers. In this case, they do not need to create a Homeowners Association or cooperate with a Management Company operating on a commercial basis.

ATTENTION! In a house that consists of more than 12 apartments, repairs of common property must be carried out, according to Article 161 of the Housing Code of the Russian Federation, by professional construction companies.

Contracts are concluded with such employees, all cooperation takes place on a legal basis.. Typically, direct control can be found in older houses of two or three floors. The work of those directly involved in managing the house is aimed at ensuring comfortable, safe living conditions in the house.

Principle of operation

Residents of an apartment building distribute responsibilities for managing the house among themselves. There are several options for such a decision, which is made at a general meeting of residents.

• Apartment owners can distribute all responsibilities for managing the house evenly (or unevenly) among themselves. They also have direct contact with third parties, such as employees of home maintenance companies or construction crews.
• One person can assume all the powers to manage the lives of the house; the housemates trust him to protect their interests. This is a responsible job for someone who has taken on the responsibility of ensuring the normal life of an apartment building; it will require not only a desire to act, but also competence in housing issues.
• Another advantageous option is that a third party who is not the owner of the apartment in this building receives management rights. The third party will not be considered a manager; he receives only representative duties.

Approval procedure

The process of switching to this method of managing a house takes more than one day.

First, the initiative group gathers like-minded people and finds out the residents’ opinions on the form of management.

You need to start preparing for the general meeting, choose the date, time and place of its holding, and post announcements about this important event in advance. The announcement must indicate what issues are being submitted for consideration. All legislative standards regarding the rules of general meetings of residents must be observed.

The meeting regarding the choice of form of governance can be in person or in absentia; in the second case, ballots for voting for one or another option are distributed. In addition to the management method, it is also necessary to elect persons who will represent the interests and powers of residents, and to select utility service providers. The decision is recorded in the protocol.

Distinctive features

Before approving direct control of their home, residents should receive information about its features.

• Apartment owners pay utility bills directly to their suppliers. At the same time, they do not need to spend money on fees to the HOA or on the maintenance of the Management Company.
• It is valuable that accounting is kept openly, all residents of the apartment building know about income and expenses, which eliminates the risk of theft of funds.
• Problems may arise due to unscrupulous neighbors who are unwilling to pay utility bills on time. Debts can be collected in court, but during this time it will be necessary to resolve complex problems with suppliers.
• The state does not provide any programs to subsidize houses that are directly managed. State programs apply only to those apartment buildings that have chosen a Management Company or Homeowners Association. Therefore, residents of even low-rise apartment buildings should choose one of the two control methods indicated.
• Additional services may be provided in the house, but apartment owners pay for them at their own discretion.

Payment is required to be made only for basic services. If one of the residents initiated repairs to the entrance without first collecting money, it may happen that he will have to pay for the repairs personally.

IMPORTANT! The house is managed free of charge; an initiative group or one person to whom residents have entrusted management works for free.

Advantages and disadvantages

Despite the fact that residents of houses with a small number of apartments are offered several modern ways of managing their home, many of them still prefer the direct form. With it, they do not feel so many bureaucratic tricks; there are no administrative superstructures over this method.

Residents make all decisions regarding house maintenance promptly; the wishes, comments and suggestions of all residents of the apartment building are taken into account.

This form has many advantages.

• Residents of the house will be able to achieve savings on utility costs, as they work without intermediaries, directly with suppliers, and can control the volume of services provided.
• Issues regarding maintenance, maintenance, and repairs are decided by homeowners at their own discretion.
• There is no such thing as collective responsibility.

There are also disadvantages to this form of management.

• Additional services are paid by those who agree to such expenses.
• There is no opportunity to participate in government programs.
• Repair of common areas, improvement of the house and local area - all this falls on the shoulders of apartment owners.
• Sometimes in such houses conflicts may even arise related to the distribution of money; this worsens the atmosphere in the house and the relationship between neighbors.

Over time, apartment owners may change their view of the form of building management used and choose another one, which is permitted by Federal Law No. 255, adopted in 2015. They can create a Homeowners Association or sign an agreement with a Management Company.

Useful video

Report with an expert in the field of public utilities: all the pros and cons of direct management of apartment buildings.

Legislation

Residents independently enter into contracts with utility providers and construction organizations. They need to be very careful and legally literate so as not to run into problems.

The main law that regulates direct management is Article 164 of the Housing Code. This form of management takes into account several regulations.

• Rules for carrying out activities related to the management of apartment buildings. They were approved by Resolution No. 416 of the Government of the Russian Federation dated May 15, 2013.
• Rules for the provision of services and performance of work on the content of MKD. They were approved by Government Decree of 04/03/2013.
• Also by the Decree of the Government of the Russian Federation dated 03.04. 2013, under No. 290, the Minimum List of Services and Works was approved.

What other changes have occurred in the legislation that may affect issues related to the direct management of the house? Residents of the house can place funds collected for major repairs in a deposit account of one of the banks.

In this case, they will be able to protect finances from inflationary processes if repair work is delayed. A person who does not live in the house, but has a power of attorney from the owner of the apartment, can come to vote at the general meeting. The power of attorney must be certified by a notary or at the place of work.

And you need to remember that direct management can be chosen for a house, according to Federal Law No. 255, in which there are no more than 16 apartments.

More and more often we hear that direct (independent) management of their apartment building by residents in 2017 is the only correct option for organizing a comfortable life for the owners of premises in an apartment building.

But you shouldn’t blindly believe loud propaganda, because as they say, “trust, but verify.” Independent organization of the life of a residential building is an important decision, and before you start agitating your neighbors, it is better to soberly weigh the pros and cons of a future event and discuss the issues of concern with a lawyer and other owners of premises in your house.

This is a serious question and it is better not to guess on the tea leaves, but to turn to experienced specialists who will help you understand everything and decide on how the form of management can best be implemented by you and other owners of premises in your home.

On our website, you can not only ask legal consultants any questions you care about 24/7 using the chat form in the lower right corner of the main page, but also download an apartment building management agreement or a sample of any other agreement.

The current legislation in the field of housing issues of the Russian Federation, as of 2017, provides residents with the opportunity to independently choose the procedure for administering their apartment building from those directly provided for by legal acts in force at the federal level.

If we talk about methods of direct house management by residents, the Housing Code of Russia provides for the following forms:

• direct management of an apartment building by residents;
• management of an apartment building, carried out through the board of a housing cooperative (also called a housing cooperative) or a partnership of owners of such housing (short name - HOA);
• transfer of rights for house management to a specific organization or company.

To transfer rights and responsibilities in the area of ​​home ownership administration from residents to a management organization, absolutely all premises owners must sign an apartment building management agreement with the company they have chosen.

The terms of such cooperation must be determined, agreed upon and recorded by the owners of the premises in the minutes of the meeting. The form for concluding such an agreement is simple written.

This agreement must contain the same conditions for all residents. The current legislation of 2017 also provides that the term of such an agreement has come to an end, but neither party has the intention of terminating the document; the management agreement for an apartment building is automatically extended on similar terms and for a similar period.

Also, when concluding such an agreement, it is worth considering that the procedure in force in 2017 directly stipulates that the selected management company is obliged to begin fulfilling the conditions expressly provided for by such an agreement a month after its conclusion, unless the agreement itself directly establishes another start date for the provision of services.

Unfortunately, today there is no single correct answer to the question of what form and method of managing a house or houses in 2017 is the best. Indeed, in order to decide which path to take, it is necessary to take into account a lot of external and internal factors. In addition, it is often difficult for people without a legal education to assess all the risks and predict the possible scale of the disaster of making the wrong choice.

How to manage your home yourself?

If you, together with other apartment owners, have decided that you will independently manage an apartment building, then it is worth starting to bring your plans to life.

The Housing Code in force on the territory of the Russian Federation, as of 2017, provides for the right of apartment owners who have chosen direct management of an apartment building to take one of the following paths:

• together with other residents, resolve administrative issues that arise during independent house management and maintenance of all property of the house during general meetings of residents;
• evenly distribute responsibilities related to building management among all owners of apartments in this building;
• authorize either one of the residents of the house, or select and authorize a third party to represent the interests of the residents of the house and perform actions on behalf of and in the interests of all owners of apartments in the house.

If the residents, by their joint decision, have designated one of the apartment owners as an authorized representative, then such a person, as of 2017, can manage the apartment building without a power of attorney.

The powers of such a representative will be based on the provisions of the minutes of the meeting of owners.

If the residents’ choice fell on someone who is not the owner of the premises in their apartment building, then such a representative will need a power of attorney from the residents of the building to exercise his powers. Russian legislation, as of 2017, establishes a simple written form for this type of power of attorney. A sample of such a power of attorney can be obtained by sending a corresponding request to our specialists.

Legal aspect

Legal acts regulating issues in the housing sector directly indicate that if residents decide to carry out independent house management, then such premises owners must enter into contracts for the provision of house management and house maintenance services and, if necessary, enter into contracts for repair work. Typically, service organizations have their own form for each contract, which cannot be changed, with the exception of a number of commercial conditions (price, term, etc.).

It is worth noting that in order for such documents to be considered properly concluded, they must be signed by more than half of the residents of the house.

Do not forget that in addition to the above agreements, each owner of premises in the house must conclude the following agreements:

• gas supply (if necessary);
• water supply (both hot and cold);
• drainage;
• heating.

Is the game worth the candle?

On the one hand, with direct building management, residents will directly manage the apartment building at their own discretion, and, importantly, for free. Most likely, this form of management will help reduce the overall cost of utilities. This is undoubtedly an argument in favor. But this argument will have positive weight only if the residents fully agree with all the principles of joint management of the house. Most often, this control scheme is practically impossible to implement if there are a large number of owners of premises in the house.

The next organizational problem that residents may encounter is the search and selection of a direct manager. Most often, residents do not show proper initiative and are not ready to take on sole management of an apartment building, as well as the associated responsibility and burden of organizational work.

Moreover, we should not forget that it is extremely rare that the owners of premises in an apartment building have the set of managerial skills and practical experience necessary to carry out house management.

The result of attracting a manager without sufficient qualifications may be a complete lack of planning for any repairs or maintenance of the building.

And on top of that, in accordance with the current provisions of federal legislation for 2017, apartment owners who implement direct house management are deprived of the right to raise funds necessary for carrying out repairs in their home from the budget fund.

Positive aspects of house management

One of the positive aspects of direct management is the transparency of the cost of resources and services, since this cost does not include any additional necessary or not so necessary services of intermediaries. But 2017 marked the beginning of the practice of direct payments, which implies the same transparency of the cost of services, but does not require changing the way an apartment building is managed.

And so, independent management is clearly inferior to the management that can be provided by professional organizations, which have professional and experienced employees on their staff, and whose material and technical base has a list of necessary equipment. But thriving corruption leads to a significant and, sometimes, groundless increase in prices for housing and communal services, forcing residents to think about alternative forms of home management.

But, unfortunately, residents most often do not have the necessary material and technical base and experience in this area. This is why independent home management, most often, effectively solves only small tasks and problems associated with maintaining the house.

And yet, whether or not to directly manage an apartment building is up to you and your neighbors to decide. If you have weighed all the pros and cons and understand that among the apartment owners there are proactive people who are ready to take responsibility, people and the community of neighbors have a common opinion on most issues, then go ahead! Feel free to set sail on the voyage of independent management of common property! And may the wind be fair to you!