From application to execution. In what time frame must utility workers fulfill requests from Yaroslavl residents?

Deadlines for responding to a claim in civil law

The exact period for consideration of a claim is established by law only in certain cases. The procedure for considering a claim may also be established by an agreement between the parties to legal relations.

Some cases are specifically regulated by law:

1. Transportation . Controversial issues relating to the transportation of goods are considered on the basis of Art. 797 of the Civil Code of the Russian Federation within a month.
2. Communication services . Depending on the type of service, review takes from 5 to 60 days. It all depends on what kind of service was provided.
3. Purchase and sale . You can submit a claim to the seller within 14 days. The seller must give an answer when exchanging goods within seven days, if returning within ten days, and carry out repairs within 45 days.

The response to the complaint must be sent within a reasonable time. This is a period of time during which the responsible party has the opportunity to examine the controversial issue and provide a constructive response. It would be correct to include here the delivery time of the letter by Russian Post. The average processing time for a complaint is about 30 days. The procedure for considering controversial issues prescribed in the contract should also be determined in accordance with the principle of reasonableness.

Claims within the framework of a lawsuit are considered separately. The period for filing a complaint in court is limited by the statute of limitations and ranges from 3 to 10 years.

Oral appeal

In emergency situations, owners or tenants can call the management company to resolve problems. It is worth considering that the company is only responsible for common property located outside the apartments.

If a faucet leaks in an apartment or the meter needs to be replaced, citizens can contact the Criminal Code or resolve the issue themselves. Installation of indoor equipment is not the responsibility of the company; the service is provided for a fee.

Drawing up a complaint

It is drawn up in writing and can be collective rather than individual. There are no particular differences, except that the general treatment describes the problems encountered by each resident. For example, when apartments are flooded, the damage claim describes the damage caused to each of them. The collective appeal is signed by everyone.

The claim sample must contain:

• addressee - full name of the manager and name of the management company, its address;
• addressee – full name of the applicant or applicants, contact details;
• Title of the document;
• essence of the claim;
• requirements;
• list of applications;
• date and signatures.

Terms of consideration

Different authorities have their own deadlines for considering applications. According to the general rule established by the Federal Law “On the procedure for considering citizens’ appeals”, it is 1 month. It is valid for:

• prosecutor's office;
• housing inspection;
• Rospotrebnadzor.

The Criminal Code considers applications within 10 days, the court decides to accept the claim within 5 days, and the case itself is heard for no more than 2 months.

Knowing how to write a complaint to the management company, how long they will have to wait for an answer, and where to complain after that, residents will be able to protect their rights. A sample complaint to the Criminal Code is drawn up on the basis of those mandatory conditions that must be included in the document. A negative response may be appealed.

Refusal to respond to a claim or fulfill requirements

The response to a complaint is not always positive. The seller may refuse to fulfill obligations or fail to respond to the complaint in a timely manner. In such a situation, the consumer has the right to go to court or file a complaint with Rospotrebnadzor to protect their rights. To determine whether a deadline has been missed, you need to find out how long the claim is being considered. Such information may be contained in the contract for the provision of services, or determined by current legislation.

It is necessary to attach the seller’s refusal to fulfill the complaint, if such a response exists, as well as copies of the complaint and confirmation of sending it to the seller. The seller is liable for violation of consumer rights (wrongful refusal to fulfill a claim). Usually, a fine is imposed under Article 5.59 of the Code of Administrative Offenses of the Russian Federation.

How and where to complain about the management company?

If a response to the complaint is not received within 10 days, then you have every right to demand a recalculation for unfulfilled housing or utility services. Also, at the general meeting, homeowners have every right to make a decision at the general meeting not to pay the management company for a service that was not provided to it or was not provided in full. If your complaint did not work and there was no reaction from the Criminal Code, then go to point 2, write a similar complaint to the State Housing Inspectorate, this is the supervisory body that monitors how the Criminal Code fulfills its duties. In the complaint, indicate the requirements to conduct an inspection of your management company and bring it to administrative responsibility for not complying with the rules for maintaining residential premises. The complaint is reviewed by this body within 30 days and after which an order is issued to eliminate the problem.

Time limits for consideration of a complaint by legal entities

Various official departments are subject to internal regulations and laws of the Russian Federation. It is there that it is stated within what time certain organizations must respond to the claim.

Housing and communal services

Useful information
Organizations providing utility services do not always do it efficiently. In such cases (especially if the Criminal Code does not respond to direct complaints), you should contact the regulatory authorities - in particular, the housing inspectorate. Find out what questions to ask and what to write from the article here

A large number of claims are made to management companies and housing offices regarding the quality of public services. The response period for complaints about the quality of utility services provided should not exceed 3 days. Claims for settlements are considered on a commission basis, and the correctness of the accruals is verified. The homeowner should receive the results instantly, on the day the inspection is completed. Complaints about gas pipeline malfunctions are reviewed and checked immediately. General meter readings are provided on the day of application. Recalculation of fees for a particular service must be made within 5 days from the date of application. A sample application to the management company can be downloaded in this article https://potrebexpert.online/5897-zhaloby-na-upravlyayushhuyu-kompaniyu

OSAGO

A claim for MTPL payments is considered within 20 days. The insurance company, in response to a written request, must either recalculate the amount of damage or provide a reasoned refusal. The claim must be made in writing and sent by mail to the place of registration of the insurance company. You can submit the complaint personally through the secretary with a mark on the second copy.

Rospotrebnadzor

It is better to send a request to Rospotrebnadzor in writing. Registration of a letter occurs quickly, about an hour after the document arrives at the office. The period for registering a complaint cannot be more than three days. The head of Rospotrebnadzor reviews the complaint and appoints a responsible employee who will verify the facts of the complaint. The answer to the question is sent to the applicant’s email and is also issued in writing. You can also submit a complaint to Rospotrebnadzor via the Internet. Read about how to do this here

How can an owner correctly write an appeal to the management company?

In this document you need to indicate your first name, patronymic, last name, residential address and clearly state the essence of the problem, informing in what manner the Manager and the agreement concluded between you.

Next, you need to specifically list your requirements (eliminate repair deficiencies, recalculate rent).

If there is any documentation, you can attach it (for example, an inspection report for a flooded apartment or damaged wallpaper). The claim must be made in writing, always in two copies.

The complaint can be brought in person to the office of the management company and there your copy must be endorsed (incoming number, date, organization stamp). You can also send the appeal by mail with mandatory notification and a list of attachments.

Standards to be applied

Part 1 of Article 12 of Federal Law No. 59-FZ dated 02.05.2006 does indeed establish a period for consideration of citizens’ appeals of 30 days, however, within the specified period, “a written appeal received by a state body, local government body or official in accordance with their competence” is subject to consideration. .

At the same time, part 1 of article 1 of the same Federal Law dated 02.05.2006 No. 59-FZ establishes that this law

“legal relations related to the exercise by a citizen of the Russian Federation (hereinafter also referred to as citizen) of the right assigned to him by the Constitution of the Russian Federation to appeal to state bodies and local self-government bodies are regulated”

. Thus, 30 days is the period for consideration of citizens’ appeals to state bodies and local governments, and not at all the period for consideration of appeals of any persons to any other persons. Providers of housing and communal services are neither state bodies nor local governments, and Federal Law No. 59-FZ of May 2, 2006 does not apply to their relations with consumers.

However, this does not mean that the time frame for considering consumer appeals is not regulated by law.

Such deadlines are approved by several regulatory legal acts (hereinafter referred to as NLA), including: - Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation); — Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved. RF PP dated 05/06/2011 N 354 (hereinafter referred to as Rules 354); — Rules for the implementation of activities for the management of apartment buildings, approved.

RF PP dated May 15, 2013 N 416 (hereinafter referred to as Rules 416); — Rules for maintaining common property in an apartment building, approved.

RF PP dated August 13, 2006 N 491 (hereinafter referred to as Rules 491); — Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the protection of consumer rights.”

How long does it take to respond to an application to the management company?

19.1.

It depends on how you presented it. In writing or electronically.

And it also depends on the essence of the issue.

Did the answer help you? Yes No 19.2. It depends on what kind of statement it is to the Management Company (what the statement is about). Therefore, the period may vary. Good luck to you. Did the answer help you? Yes No 19.3. You should receive a response to your request within a month. Did the answer help you? Yes No 20. Within what time period must the Management Company give a written response to a statement about damage to property due to a voltage drop in our entrance?

Did the answer help you? Yes No 20. Within what time period must the Management Company give a written response to a statement about damage to property due to a voltage drop in our entrance?

20.1. See Federal Law of the Russian Federation dated May 2, 2006.

No. 59-FZ

“On the procedure for considering appeals from citizens of the Russian Federation”

, which you can find on the Internet in 1 minute and download to your computer.

Did the answer help you? Not really

The deadline for the management company to respond to an appeal is not 30 days

January 27 Management companies often take a very long time to respond to any request from the owner, explaining that by law they have 30 days to respond. However, this is not so and the law “On the procedure for considering appeals from citizens of the Russian Federation,” which sets a standard for a response of 30 days, applies to government bodies, but the management company is not one. An ordinary legal entity (LLC) and HOA do not carry out public authority functions. For management companies and HOAs, other deadlines are provided for the response - which is logical. Government Decree No. 416 “On the procedure for carrying out activities for managing the management of apartment buildings”, paragraph 34, specifies the deadline and type of information , which the management company or HOA is obliged to provide to the owner:

1. within no later than 3 working days - written information for the periods requested by the consumer on the monthly volumes (quantity) of consumed utility resources according to the readings of collective (community) metering devices, the total volume (quantity) of relevant utilities consumed in residential and non-residential premises in an apartment building , volumes (quantity) of utilities calculated using standards for the consumption of utilities, volumes (quantity) of utility resources consumed for the purpose of maintaining common property in an apartment building.
2. within no later than 3 working days - information on the readings of collective (common house) metering devices for a period of no more than 3 years from the date of taking the readings;
3. within no later than 3 working days - a copy of the inspection report on the provision of utility services of inadequate quality and (or) intermittently;
4. within no later than 3 working days - a copy of the act of causing damage to the life, health and property of the owner;
5. within no later than 3 working days - a copy of the act of violation of quality or exceeding the established duration of the break in the provision of services or performance of work;

The response period for other requests not specified in the list is 10 working days (2 weeks). A response to an individual or collective request (application) of persons who are not owners or users of premises in an apartment building is sent within 30 calendar days. The request may be sent by mail, e-mail to the email address of the management company (HOA), through the GIS Housing and Communal Services, as well as deliberately by the owner or user of the premises in an apartment building or through the concierge of the apartment building, if the concierge service is provided for in the management agreement of the apartment building. The official response is sent through the same communication channels through which the request (appeal) was received, unless otherwise indicated by the applicant. By the way, for bailiffs there are also special deadlines for responding to an appeal, which have nothing to do with the 30 days that they so like to refer to .Lawyer Demina Natalya,

Grounds for writing a complaint

Everything that the management company must do in an apartment building is specified in the list of works under the management agreement. If the management company does not fulfill its duties, there are several effective ways to influence it. One of them is to write a letter to the Criminal Code. On what issues can you file a complaint with the management company:

1) Poor quality of service.

• there is a monthly payment for work under the contract that was not actually performed;
• Some types of services are not fully provided. For example, delays in the supply of heating, systematic interruptions in the supply of water or electricity, uncleaned areas and common areas.

2) Avoidance of fulfillment of obligations to carry out repair work, current and capital.

3) The management company does not inspect engineering networks and does not make repairs if necessary.

4) The organization hides information that should be in the public domain.

5) Sanitary standards in common areas are not observed.

6) Unreasonable increase in tariff plans and incorrect calculation of amounts for services provided.

To speed up the process, it is first recommended to discuss the problem with the responsible housing department employee in person and by phone. At the same time, explain that if it is not resolved in an objectively sufficient time, you will be forced to apply in writing.

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Organizations with publicly significant functions must respond to the appeal within 30 days.

The owner of a premises in an apartment building wrote to the management organization a complaint about the quality of heating services, but did not receive a response.

This became the reason for sending a complaint to the prosecutor's office, and then. The director of the management organization, who became the defendant in the case, and his defense lawyer in court referred to the fact that the answer was not given due to the absence of the official at the workplace and the absence of duties from the management respond within 30 days. when considering the dispute, he pointed out that the management organization, providing services under a management agreement, is one of the companies performing publicly significant functions. Its activities affect the rights and interests of a significant number of citizens living in apartment buildings. Therefore, the MA is subject to the following: a response to citizens’ appeals is sent no later than 30 days from the date of its registration.

According to , the official of the management authority ensures an objective, comprehensive and timely consideration of the appeal and gives a written answer on the merits of the issues raised in the appeal. The director of the management organization did not provide evidence that the owner was sent a substantive answer in response to the claim within 30 days. The defendant was guilty of committing an administrative offense for violating the procedure for considering citizens' appeals, and was fined 5,000 rubles. 155902

How to submit an application (claim)

In order to submit an application to the housing and communal services in accordance with all standards, you must comply with the following steps:

• Draw up the document in two copies
• Submit it to the management company

There are several ways to submit an appeal:

1. Hand it in person to the reception desk of the company. The secretary or responsible employee will put a mark on one of the copies indicating receipt of the letter. This copy remains in the hands of the citizen. A note with the incoming number and date confirms receipt of the claim. It is from this time that the countdown begins in which the company must give an answer.
2. By email requesting receipt. However, the electronic document has no legal force, and an unscrupulous management company may not respond to the complaint.
3. By registered mail with delivery notification. In this case, documentary evidence of the date of delivery of the letter will be received from the postal service.

After this, the management company will either react to the application and give a response within the period prescribed by law. It happens that the question is complex and the company cannot give a detailed answer to it within 10 calendar days (for example, the management company must make a request to the resource supply organization). In this case, within the ten-day period established by law, you will receive a letter informing you that the problem in essence of the appeal has been taken into account. A detailed response will be sent to you later, usually no later than 30 days.

What to do if the management company does not respond to the application

If it is not possible to fight with the management company, the next authority to appeal will be the state supervisory authorities in the housing and communal services sector. To hold the service company accountable, a complaint is filed with the State Housing Inspectorate. If violations are detected, GZHI will oblige utility services to eliminate the causes.

However, the authority will consider the appeal only if there is a significant and repeated violation on the part of the management company. For example, if a repeated overestimation of heating prices was revealed, which led to the management company being held administratively liable and fined.

Claiming material damage for failure to perform work as requested or for damage caused can only be done through the court within a period of no later than three years from the date of the incident. As a rule, a claim takes about 2 months to be considered. If the request is not satisfied, you can always file an appeal, the review period of which is also two months.

Remember, if the management company does not fulfill its obligations, you should not endure it. Written appeals from citizens to the relevant authorities will help solve the problem. If the organization has not corrected the deficiencies on time, the owner has the right to appeal to a higher structure - the State Housing Inspectorate. If the problem is not resolved, further disputes will take place in court.

Remember, you always have several options where to file a complaint against a service organization.

Refusal to repair balcony slab

My management company refuses to repair the balcony slab (the slab is in disrepair) citing clause 2 of Art. 154 and paragraph 3 of Art. 158 (as amended on November 30, 2010) of the RF LC, as well as to Article 36 of the RF LC.

In the refusal to repair the stove, they wrote that the owner must do it at his own expense. Tell me what to do next and whether all this is legal and who will be responsible if the slab falls on someone? “Taking into account the above, the court came to the correct conclusion that equipment located in an apartment building can be classified as common property only if it serves more than one premises.

Balcony slabs classified as enclosing load-bearing structures are included in the common property as structural parts of the building, ensuring its strength and stability. Taking into account 4 technical features of these structures, balcony slabs meet the main characteristic of common property as intended to serve several or all rooms in the house

". In accordance with Part 2 of Art.

162 of the Housing Code of the Russian Federation, under an agreement for the management of an apartment building, one party (the management organization), on the instructions of the other party (the owners of the premises in the apartment building, the management bodies of the homeowners' association or the management bodies of a housing cooperative or the management bodies of another specialized consumer cooperative), undertakes, for a fee, to provide services and carry out work for the proper maintenance and repair of common property in such a building, provide utilities to the owners of premises and persons using the premises in this building, and carry out other activities aimed at achieving the goals of managing an apartment building. Before filing a claim in court, I advise you to file a claim. This is due to the fact that if your demands are not satisfied voluntarily, the management company will be charged a fine in your favor in the amount of 50% of the amounts awarded by the court, since your legal relations are subject to the Law on the Protection of Consumer Rights.

According to this law (Article 15), you have the right to additionally claim compensation for moral damage. GOVERNMENT OF THE RUSSIAN FEDERATION DECISION N 491 of August 13, 2006 ON THE APPROVAL OF THE RULES FOR THE MAINTENANCE OF COMMON PROPERTY IN AN APARTMENT BUILDING AND THE RULES FOR CHANGING THE AMOUNT OF FEE FOR THE MAINTENANCE AND REPAIR OF RESIDENTIAL PREMISES IN THE CASE OF SERVICES AND PERFORMANCE IMPROPER MANAGEMENT, MAINTENANCE AND REPAIR OF COMMON PROPERTY IN AN APARTMENT BUILDING QUALITY AND (OR) WITH INTERRUPTIONS EXCEEDING THE ESTABLISHED DURATION In accordance with clause 2 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, the composition of common property includes, among other things, roofs, enclosing load-bearing structures of an apartment building (including foundations, load-bearing walls, floor slabs, balcony and other slabs, load-bearing columns and other enclosing load-bearing structures).