I can’t even remember how many conversations there were about the “transparency” of the management company’s work, about the convenience for property owners and other beautiful phrases. But here, as always, suddenly, from the pen of D.A. Medvedev, the Decree of the Government of the Russian Federation of March 27, 2018 No. 331 “On amendments to certain acts of the Government of the Russian Federation on the implementation of activities for the management of apartment buildings and the maintenance of common property of owners of premises in apartment buildings and the recognition as invalid of certain provisions of certain acts of the Government of the Russian Federation” appeared. Federation" (hereinafter referred to as Resolution No. 331). The resolution will change the work with property owners in many ways. Well, for those who do not want to change, the state has prepared a “gift” in the form of a fine in the amount of 250,000 rubles.
In many ways, the “methods” of working with owners described in Resolution No. 331 are already used by large and not very management organizations, but, as our experience shows, many will have to greatly change the “style” of their work.
So, let's go...
In the updated Rules for the implementation of activities for the management of apartment buildings, approved by Decree of the Government of the Russian Federation of May 15, 2013 No. 416 (hereinafter referred to as Rules No. 416), Section VII will appear “Organization of interaction of the management organization with the owners and users of premises in an apartment building during the implementation of apartment building management
»
The management organization is obliged to ensure interaction with the owners and users of premises in apartment buildings, including by providing the opportunity for personal contact:
- to the current office of the management company
- or
to a multifunctional center for the provision of state and municipal services if the management organization concludes an agreement with the specified center (hereinafter referred to as the representative office of the management company).
Please note that both the management office and the MFC are representative offices of the management company
.
Make it so that there is one representative office for a huge city
, will not work.
Clause 27 of Rules No. 416 directly states that a representative office (read: MFC) must be located within a municipality, including within an intra-city district in a city district with intra-city division or intra-city territory of a federal city on whose territory MKDs are located
. which are managed by such a management organization.
It is clear that Rules No. 416 of the RF Government does not provide a definition of a municipal formation and an intra-city district, so we “climb” into the Federal Law of October 6, 2003 No. 131-FZ “On the general principles of organizing local self-government in the Russian Federation” and see:
“municipal formation
- an urban or rural settlement, municipal district, urban district, urban district with intra-city division, intra-city district or intra-city territory of a city of federal significance.
intracity district
- an intracity municipal formation on part of the territory of a city district with an intracity division, within the boundaries of which local self-government is exercised by the population directly and (or) through elected and other local government bodies.”
Press center
Who will replace housing offices? At whose expense will the old houses be renovated?
Deputy Head of the Kyiv City State Administration Petr Panteleev answered these and other questions on Tuesday, May 24 from 11.00 to 12.00
Direct Line Transcript
— How to create a condominium in the remaining time? What will happen if we do not create condominium associations before July 1? Will we be able to create condominium associations after July 1?
- There are myths that after July 1, life ends, everything is lost - this is not true information. After July 1, just as now, everyone still has the opportunity to create an apartment building and choose a management company. According to the law, from July 1, local governments must hold a competition for those houses where there are no condominiums. But, so far, there is not even a legislative basis for this. On behalf of the city, we addressed a letter to all authorities, to the Verkhovna Rada, so that a bill would be considered that would allow it to be postponed for a year. Even if this does not happen, there is still an opportunity to create condominium associations after July 1.
— That is, we will continue to be served by the Housing Office
- Yes, the Housing Office will provide services. But housing and housing cooperatives and condominiums are authorities and cannot be compared. You can create a condominium association and leave the housing office to maintain the house. HOA is a form of home management, it is a decision-making center, it is a small VR of houses. And ZhEK is a service organization. You can leave the housing office. You can choose another organization or handle the maintenance yourself and solve many other issues that the housing office does not solve today.
— What will happen to the housing offices themselves?
— Gradually, a competitive story will take place. Service quality is a product of competition. In conditions of healthy competition, the quality of housing and communal services can improve. There is no such competition today, but if condominiums gradually form, people will be attracted to choosing an organization based on various parameters - price, quality, etc. Such competition will be created and housing service enterprises will compete with each other. Some will disappear because they cannot withstand the competition, while others will gain momentum. Utility housing and communal services are not excluded; they will also take part in this competition. Those who can adapt to new conditions will work, those who cannot will simply lose the client and disappear. But this process is not fast, and it is not safe to artificially speed it up. The city’s main task now is to guard the interests of the people who will make their choice.
— Is there a chance that the forced appointment of a management company, if the condominium is not created, will be delayed? I know that such a bill has been registered in the Verkhovna Rada.
— There is such a bill. Vitaliy Klitschko appealed to BP to immediately consider this project, to give a delay for another year, to finalize all the tails and to carry out a competent, high-quality information campaign. So that people make conscious choices. We have started such an information campaign in the city, but the time frame is very short, it would be right to give time for people to figure it out.
— So will the bill be passed or not?
- It’s hard for me to say. But there is a possibility that such a law will be adopted. But we cannot guarantee. Those deputies with whom I spoke, they all support this. There are technical regulations and other things. We will lobby to get this bill passed. But we cannot give a 100% guarantee; we are not responsible for the results of the work of parliament. Let's do everything in our power
— If we return to ZhEKs... Since July 1, ZhEKs no longer exist, now they will be called management companies? Or do ZhEKs still remain?
— Back in 2014, we understood that such a law would be adopted, so we created 10 city, municipal, management companies that were ready to work within the framework of the new law. They are still working, in their structure there are housing departments, territorial divisions that are directly involved in servicing, and they have worked and will continue to work after July 1. But, anyway, the process of people’s self-organization has already begun. Now we are talking about the fact that it is more profitable to create condominium associations so that no one decides our fate for us, chooses a contractor, etc. Having created a condominium association, we can make, for example, a decision that the housing office continues to service the house and no one can change this decision. Or any other options. It is also important that the city has introduced a number of interesting support programs. First of all, this is an energy saving program. It provides for homes to receive a grant in the amount of 70% of the cost of some useful energy-saving work around the house - insulation, installation of automatic equipment, individual heating points that allow saving heat consumption in the house. We tested this project last year, we already have 73 houses. We will continue to increase the pace of funding for such programs. There is great interest in them.
— Several times you said that the law might be pushed back, as I understand it, there are shortcomings in it. Which?
— So far, there is no most important document - the procedure for holding competitions to determine a manager. We say that it is necessary to determine the manager, but we do not understand how to determine them. There is no corresponding procedure that must be approved by a resolution of the Cabinet of Ministers. And there is no standard management agreement. These basic things have not been developed at the moment, which does not give us the opportunity to adapt our city standards. Not to mention the fact that holding these competitions is a rather complex organizational project.
— Are there approximate tariffs for house maintenance after July 1 from management companies? Will there be any regulation of tariffs by the authorities?
— This issue has not been finally resolved. But, judging by the information we receive, the issue will be regulated either by competition (companies offer prices at which they will serve) or people will independently determine the negotiated price. There will be no such understanding as a tariff; the negotiated price will consist of the services that people choose, their market value, and their ability to pay. Self-organization allows us to decide whether we want our house to be cleaned every day with detergents. Of course we want. But can we pay for it? We thought - no, it’s too expensive. This means that it’s enough for us to have our house cleaned twice a week and the price suits us, etc. The tariff was approved last time in 2010, it is already 2020, there have been a lot of changes, prices have changed, the tariff itself does not reflect the real picture. The legislator must also clarify whether tariffs will be approved or not, but most likely this will be a negotiated price, which will be determined by the housing community based on their needs and solvency.
— If we create condominium associations, but it turns out that this is worse and more expensive than using the services of management companies, will it be possible to return to the services of a management company?
— By creating a condominium association, you create a board that can make decisions that you delegate to this management, including changing the management company, contractors or any other decisions. If a situation arises where there is a misunderstanding with other structures, this can be done and this practice exists in houses with condominiums. This is not bondage forever. If you don’t like it, you got together, made a decision, changed the situation. The condominium association is not a service organization, it is, in fact, a meeting of the owners of the apartments of the building, it is a decision-making center for the building. The service can be provided by a company that deals with this - a housing office, a commercial structure, it can serve one house, two, ten, a hundred.
— Can several houses organize one condominium association?
? For condominiums there is such a thing as association. There are small houses that find it difficult to survive on their own; it is not profitable for each such house to hire an accountant, passport specialist, etc., such houses can unite into an association
— Now you can complain about housing offices by calling 1551. Who can you complain about management companies?
— A good question, a question of controllability of the situation. The communications system in the city remains and it will concern all organizations, firms, private housing offices, including condominiums. Those. It will be possible to contact hotlines that contact district administrations, where there is a district division that coordinates the work of condominiums. Of course, we cannot distance ourselves from this situation and it happens that, on the contrary, it is necessary to pay more attention to these houses than, for example, to communal housing offices. Therefore, we will coordinate this work. And help you work in the condominium housing cooperative mode.
— Will these be other telephone numbers that will be communicated later?
— I don’t think that we will create dozens of phones. There is now 1551, this is a general city hotline and we have a telephone number 1557, which is an operational service that deals with housing and communal services issues, where you can call on issues related to housing and communal services. We specifically allocated such a line because a lot of questions were received on 1551 specifically about housing and communal services, so we relieved the load a little and 1557 is quite automated, there is practically no queue and these two lines will continue to work.
— Let’s say the management company does not fulfill its duties very conscientiously. Can the city influence this company?
— Of course, the city can influence this company. But now we are talking about something else. Today we, as apartment owners and co-owners of the house, are invited to independently influence this process. Who is the customer today? We are with you and those who live in apartments. We see whether it is removed or not. Therefore, today it is possible to organize yourself and independently determine how well this or that company works, how much to pay them, or whether you need to change the company. It is administratively impossible to influence the quality of service of either municipal housing offices or commercial services. Therefore, we see many examples where people self-organized in their homes. They don't have this problem. They have no question of going somewhere or complaining. If there is a problem, we get together and resolve the issue, for example, change the contractor. I will tell you that contractors work completely differently under such conditions, because they understand that the responsibility is different. If they screw something up, there will be a reaction immediately, either financial or otherwise, and they work more disciplined. And when there is such a general, collective responsibility, which essentially does not exist, then problems, complaints, etc. appear. Those. Today there is an option to streamline the issue of responsibility for the quality of services between the management company and direct customers, apartment owners. And I think that this is very correct and this is the way to go.
— If we create condominium associations, will subsidies for people remain?
— Yes, benefits and subsidies remain.
— Have you opened a school where they teach you how to manage a house?
— Yes, we really started conducting classes at the School of the Informed Kievite. I'll tell you that there is such a stir around this issue. We had a lot of people. The questions are very similar to today's broadcast, but we give information from people whom I can call experts. These are people who are directly involved in the creation of condominiums, supporting the work of condominiums, who did this on their own and their qualifications allow them to answer 99% of questions. We have started such classes. About 300 people came to the first lesson. To become a student or simply to attend such classes, you need to fill out a form on the City Administration website, it is simple. And that’s it, we automatically enroll you as applicants, then invite you to classes. Today 600 people are already registered. So far, the first level of training is underway, i.e. simple questions that we must answer - who is the owner of the house, what rights and responsibilities each of us has, what are the prospects for houses, our house communities in connection with the adoption of these new legislative norms. Next, we will allocate groups directly on issues of house management and technical operation. Because there are a lot of nuances for creating condominiums. This is a process that needs to be accompanied; there are legal aspects that need to be understood in order to do it once and not return to this issue later. Therefore, such classes began. Please join us. I think it was interesting last time and people liked it.
— Can a house, after the creation of condominium associations, refuse central heating, replacing it with an individual boiler room?
- Yes, it is possible, if the house as a whole makes such a decision, it is possible. But here the technical side is already present, you need to take into account what is more profitable? Because there is such a widespread opinion that a roof boiler room is very good, but central heating is not good. This is not entirely true, because... A roof boiler house is, firstly, a huge capital investment. Secondly, this is not autonomous heating, you will have to buy gas in any case and the price of gas is already a little different than it was before. And the boiler room needs to be serviced. The boiler room, when new, is beautiful, but when 5 or more years pass, then you have to carry out repairs, which are quite expensive. Still, based on my experience, I would pay attention to the thermal modernization of houses. First of all, this concerns engineering equipment in the house, i.e. individual heating points, appropriate automation, which allows you to regulate the heat supply in the house, and also other things that can be done to reduce the heat supply. I'll give you an example. We installed such equipment in some houses last year. So at home they paid twice as much as the tariff. Those. where the tariff was 16 UAH, people paid 8 UAH per square meter for central heating. There are no such savings in houses with roof boiler rooms. Just find out for yourself, and then make a decision.
— Are these boiler rooms heated only with gas?
— Well, in apartment buildings, of course, with gas. We can’t haul firewood onto the roof, etc.
— If the residents of the house have not created their own condominium association and a management company has been assigned to them. Can they change it over time?
— Yes, you can replace the management company when you get together and make such a decision.
— That is, Is this management company not going to last forever?
— Not forever, but you just need to start working on organizing yourself around this issue as early as possible. Don’t drag this out, don’t put it off, because we see how legislation is changing, how interesting life is now. We met twice in my house and I was unable to convince my neighbors to create a condominium association. We have a small house, now we are going to gather for the third time, because there is already a problem with safety in the yard, yet another motivation has appeared, I think that we will persuade. I see for myself that we should create condominium associations, but for now we will remain serviced by the housing office.
— After the creation of condominiums, will we have to change all the documents?
— there is a procedure for creating condominiums. You open a bank account, you can engage in this activity or not. You don’t even have to open a bank account; in principle, condominium associations are a non-profit organization. A condominium association is more of a legal entity that represents the interests of the people who live in the house.
— What about the costs of repairs?
- The cost of repairs, yes, this is already an issue that is decided again by people, and people should get together and discuss whether something is worth repairing, it’s not worth it, what are the priorities. If there is something burning there, then you need to do it. Housing associations have the right to create repair funds, there is nothing complicated there, again there is nothing, it can be done and should be done. And the city gives the opportunity to participate in grand programs, the city gives 70% of the money for some work needed around the house, mainly related, of course, to energy saving, this is a very wide range of work. It seems to me that this is beneficial. Again, we are planning to insulate our house, participate in the program and have already agreed with our neighbors. The only question is that there are people who are socially unprotected and low-income. Well, you need to look here. We got together and decided that we would cover the costs somewhere on our own. But this is all resolved through negotiations and agreements among the apartment owners.
— The condominiums and the management company are not repairing the roofs, where is the guarantee that the condominiums and this management company will be able to work effectively?
— It depends on what you call effective work. If we want a major roof repair done, then this is not a question for the management company. There is not enough money in the rent for major repairs. This could be routine repairs, replacing a sheet of slate or something like that a little. Therefore, again, returning to the fact that apartment owners must understand what they want from the management company and how much they can pay for it. It is necessary that there is this reasonable balance of these two concepts and then a normal situation turns out. The third question is that you can open a repair fund for some work, maybe a major roof repair. Maybe some others. You need to understand that each of us has an apartment that has its own market value; believe me, this market value also depends very much on the condition of the house, I was convinced of this by touring houses. Two identical houses, where in one there is a condominium association, in the other there is a housing office. The condominium has been organized since 1992, and they keep it in perfect condition. So they shared information with me that an apartment in this building costs 20% more than in the neighboring one, which was destroyed.
- So, if a murdered person can fix the roof of the condominium itself, why do these management companies need them?
- Yes, there may be such options that someone will do something for themselves. But today we are saying that the management company must be responsible for garbage removal, elevator maintenance, cleaning the local area, for the supply of electricity to the staircase so that there is light, for the supply of electricity to the elevators and also for other issues that concern the house as a whole, such as whole complex. This must be ensured, you agree.
- If we go back to school. How long will you conduct training there, is it paid?
— The first level of training is free and we do not plan to limit time. Firstly, this topic is quite long. Again, based on the experience of countries such as Poland, the Baltic states, and Russia, these issues still exist there and are relevant. The only thing is that we want the school to be flexible and quickly adapt to the needs of the community. Because some other issues may arise, for example, they may relate only to housing and communal problems or issues, subsidies, etc. We do not limit the school exclusively to communal issues and it will work and adapt to the situation that will be relevant at one time or another. Now our people work on a general basis, we actually involve volunteers in this. But courses directly on home management, where people will receive relevant certificates, will be paid. This is actually acquiring a profession. There are many aspects that a manager must master. He must have the appropriate qualifications, including in the management of electrical installations, elevators, and all equipment that is associated with danger. There are legal norms that provide for the receipt of qualifications, training, and certificates by such specialists who are involved in the management and maintenance of the house.
— Many people are afraid that after the creation of condominium associations, residents will not be able to financially afford the renovation of the house, especially if the house is old. Tell us, at whose expense is the renovation of houses carried out after the creation of condominiums?
— I said above that there are assistance programs and they will be, and we are developing programs now for those houses in which condominiums have not been created, because we understand that not all houses can create condominiums. This is an objective reality and we cannot discriminate. There are small houses where it is economically difficult to do this. Energy saving work and planned work are carried out, as we said, by condominiums, a repair fund, and a financing program. If some extraordinary situation occurs... for example, we had a situation last year when the roof of a house that was not communal housing, but a housing construction cooperative, burned down completely. The city went so far as to allocate money and completely replace the roof, quite a lot of money. No one will leave anyone in trouble, because we understand that the city is responsible for the people who live there. But, as for houses where condominiums will not be created, we will create a program (it has practically been created) for co-financing such work, where people must also participate in certain works without creating condominiums. Again, the question is about people who are poorly endowed and cannot repay. Today, there is a subsidy for the maintenance of the house, but there is no subsidy for major repairs of the house. Therefore, it is necessary that the people who live in the house gradually become involved in its management, the process of solving the problems of this house and participate in such programs. Perhaps a little later there will be a legal mechanism to help draw up subsidies for low-income people to carry out major repairs, but this is the next stage. So far we have developed such a procedure for houses where condominiums have not been created and this year we will test it as a model.
— In principle, as far as I understand, major repairs fall on the shoulders of the residents?
— Ideally, the privatization law says that the state should renovate the house before apartments begin to be privatized and before the house is transferred to condominium owners. But in real life this did not happen, it was an ephemeral norm that did not work, does not work and will not work. This is again a fact of life. Therefore, apartment owners have a large role in resolving issues of major repairs.
— What will happen to the debts for rent that the housing office did not have time to repay? Who will now collect old debts?
— Old debts will be collected by those organizations that are in debt, i.e. The condominium association does not take on debts and is already starting to work from scratch. If you owe money, for example, to Housing Office No. 1, then Housing Office No. 1 will file a lawsuit with that person in order to collect those old debts. If you owe Kievenergo, then Kievenergo. Vodokanal - Vodokanal. This is the individual story of each debtor and those to whom they owe money, this is their problem, it is their responsibility to collect these debts.
But condominiums have their own history. And if the condominium owner wants to independently manage the house and collect funds, then pay, then he must independently then resolve issues with debtors. If he delegates this right to the management company of the housing office, then accordingly this management company will deal, among other things, with payment discipline and work with debtors. This will be decided by management, as you yourself want.
