Light in every entrance is an important element that ensures the safety of people's movement. That is why it is extremely important that the light bulbs are replaced promptly and quickly, however, we often have to deal with situations when the light in the entrance is not on, and no action is taken on the part of the management company or other persons or companies. In this case, you need to know what to do, where and what to go with, as well as what other measures can be implemented in order not only to restore high-quality and adequate lighting, but also to prevent the possibility of such a situation occurring in the future.
Residents' rights
Every person has the right to demand the restoration of light in the entrance where he lives from his management company, since this action is directly its responsibility.
It is well known that the management of every apartment building in the modern world is carried out with the help of specialized firms called management companies (MCs), and HOAs can also be involved for this purpose. A special agreement is drawn up between the management company and all apartment owners or tenants living in the house in accordance with the social tenancy agreement. It is usually drawn up without the need for signatures from each apartment owner. In accordance with this document, each owner or tenant of an apartment must pay money to the company, and it, in turn, undertakes to maintain the property of the house in proper order, and this includes the entrance, roof, pipes, electrical wiring and other elements found in each apartment building. These services also include maintaining optimal lighting in the entrance.
Victoria Redko, chief specialist of the legal support department of the administration of the city of Omsk, agreed to clarify the situation. — In accordance with the provisions of Article 161 of the Housing Code of the Russian Federation, the management of an apartment building must ensure favorable and safe living conditions for citizens, proper maintenance of common property in an apartment building, resolving issues regarding the use of said property, as well as the provision of utilities to citizens living in such a building. — What is included in the concept of “favorable and safe conditions”? — Proper maintenance of the common property of the owners of premises in an apartment building must be carried out in accordance with the requirements of the legislation of the Russian Federation, including ensuring the sanitary and epidemiological well-being of the population, technical regulation, fire safety, consumer protection, ensuring: 1) compliance with the requirements for the reliability and safety of an apartment building Houses; 2) safety of life and health of citizens, property of individuals, property of legal entities, state and municipal property; 3) availability of use of premises and other property included in the common property of the owners of premises in an apartment building; 4) compliance with the rights and legitimate interests of the owners of premises in an apartment building, as well as other persons; 5) constant readiness of utilities, metering devices and other equipment. — That is, the management company is responsible to the tenant of the house who is injured? - Yes, if she is responsible to the owners of premises in an apartment building for the provision of all services and (or) performance of work that ensure the proper maintenance of the common property in this building. And the quality of these services must comply with the requirements of technical regulations and rules established by the government of the Russian Federation for the maintenance of common property in an apartment building. The provision of utilities depends on the level of improvement of a given house. Their quality must also meet the requirements of the rules established by the government of the Russian Federation for the provision, suspension and limitation of the provision of public services to owners and users of premises in apartment buildings and residential buildings. — What if these requirements of the Russian government are not met by the management company? - Then, in accordance with the Decree of the Government of the Russian Federation of August 13, 2006 No. 491 “On approval of the rules for the maintenance of common property in an apartment building and the rules for changing the amount of fees for the maintenance and repair of residential premises in the case of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration" management organizations and persons providing services and performing work in the direct management of an apartment building are responsible to the owners of the premises for violation of their obligations and are responsible for the proper maintenance of the common property in in accordance with the legislation of the Russian Federation and the agreement. — What is included in the maintenance of common property in an apartment building? — The maintenance of common property in an apartment building includes, in addition to an inspection of the common property, which ensures timely identification of non-compliance of the condition of the common property with the requirements of the legislation of the Russian Federation, as well as threats to life safety and health, the maintenance of lighting in common areas. - And in our case, when there is no light at the entrance? — According to the letter of the Ministry of Regional Development of the Russian Federation dated June 18, 2007 “On classifying the supply of electrical energy to common areas in an apartment building as part of the payment for utilities, specified in clause 11 of the Rules for the maintenance of common property in an apartment building, is interpreted as the maintenance and repair of the electrical networks of an apartment building, lamps. We are talking about performing work to create conditions for the supply of electricity in public areas. According to Appendix No. 4 “List of works for the maintenance of residential buildings”, the list of works for the maintenance of residential buildings includes the elimination of minor malfunctions of electrical devices (wiping light bulbs, changing burnt out light bulbs in public areas, replacing and repairing plug sockets and switches, minor electrical wiring repairs, etc. .). And Appendix No. 1 “Frequency of planned and partial inspections of elements and premises of buildings” to Resolution of the State Construction Committee of the Russian Federation No. 170 provides for scheduled and partial inspections of management buildings, as a result of which burnt out lamps (and starters) are replaced at the frequency established by the contract. — Does this only apply to light bulbs? - No. In addition, Resolution No. 170 of the State Construction Committee of the Russian Federation provides for the possibility of residents submitting applications to eliminate identified malfunctions of engineering equipment or structures. Applications must be considered on the day they are received, and their elimination must be organized no later than the next day. In cases where troubleshooting takes a long time or there are no spare parts available at the moment, it is necessary to inform the applicant about the decisions made. Similar measures must be taken for applications received by telephone or through the dispatch communication system. — So, residents’ requests should be recorded somehow? — Management companies must keep records in special journals of applications for the prompt elimination of malfunctions and damage to engineering equipment in apartments, building structures and other elements of buildings, and monitor the timing and quality of completion. In accordance with Appendix No. 2 “Time limits for troubleshooting when performing unscheduled (unforeseen) routine repairs of individual parts of residential buildings and their equipment” to the resolution of the State Construction Committee of the Russian Federation No. 170, elimination of faults in the lighting system of common building premises with the replacement of incandescent lamps, fluorescent lamps, switches and structural elements of lamps is carried out within seven days from the date of receipt of the application for prompt troubleshooting. - And what is the conclusion? — The management company has an obligation to maintain common property, which includes lighting of common areas. Thus, the management company is obliged to replace burnt out light bulbs. At the same time, the identification of malfunctions in the lighting of common areas and the subsequent elimination of these malfunctions is carried out both as a result of scheduled inspections carried out by the management company (in accordance with schedules approved by the management company), and on the basis of an application for elimination of the malfunction received from a resident of the residential premises. — Is there any liability for violating these rules? — Failure to eliminate malfunctions in the lighting system (including replacing a burnt-out light bulb), identified as a result of routine inspections or based on a resident’s application after seven days after receipt of the application, is a violation that may result in the management company being brought to administrative liability. Article 7.22 of the Code of the Russian Federation on Administrative Offenses provides for liability for violation of the rules for the maintenance and repair of residential buildings and (or) residential premises. Violation by persons responsible for the maintenance of residential buildings and residential premises of the rules for the maintenance and repair of residential buildings and residential premises shall entail the imposition of an administrative fine on officials in the amount of four to five thousand rubles; for legal entities - from 40 to 50 thousand rubles. — Who in Omsk should monitor compliance with these rules? — In Omsk, the body authorized to exercise control over ensuring the rights and legitimate interests of citizens and the state in the provision of housing and utility services to the population is the Main Directorate of Housing Control, State Construction Supervision and State Expertise of the Omsk Region. Officials of the Main Directorate of Housing Control, State Construction Supervision and State Expertise of the Omsk Region are authorized to draw up protocols on administrative offenses under Article 7.22 of the Code of Administrative Offenses of the Russian Federation.
Where to go if there is no light at the entrance
There are many reasons why the light may go out in the entrance, and at the same time, residents cannot always determine who is to blame for this or what other actions could lead to this result. The management company does not send its employees to the house every day, so it is best for residents to call this organization themselves if the light in the entrance does not light and report a breakdown.
It is very easy to find out the phone number of the service company, since all the necessary information is contained in the receipts received monthly for utility bills. In accordance with the law, the management company must quickly eliminate all problems in the apartment building that it services, therefore, after receiving a report of a lack of light, measures must be quickly taken to restore it. To do this, their staff must have the necessary specialists, and a special agreement can be concluded with the emergency service. The telephone number by which you can call the specialists can be found on the receipt, and you can also find it out at the reception of a specific management company.
If it is not possible to find an emergency service number, then it is best to call directly to the management company, where you can find out absolutely any phone number. Another option is to call all available emergency services, where you can find out whether they serve a particular house or not. However, the latter option involves spending quite a lot of time, which is not always considered suitable.
The only action that residents of a particular house can take is to call the management company or emergency service. Further activities should be carried out by these organizations. At the same time, the official responsibility of any management company is to independently regularly check the presence of light in the entrance, as well as eliminate all emerging problems or problems.
Who changes the light bulbs in the entrance?
If the light in the entrance is not on, you have every right to demand its restoration. A more detailed list of services required for management companies can be found in Government Decree No. 491 dated August 13, 2006 and Government Decree No. 290 dated April 3, 2013. We manage our apartment building (by law, this is any building with more than one apartment) through special organizations. As a rule, these are management companies (for simplicity, we will further use the abbreviation Management Company), less often HOAs. There is an agreement between each apartment owner (or social renter) and the management company. Even if you didn't sign anything (and this is most likely the case), the contract still exists.
Where to go if the light in the entrance is not on due to non-payment
Very often, when contacting the management company regarding the lack of light in the entrance, this company explains that no restoration work will be carried out because the residents have not paid the necessary utility bills. The fact is that each person living in an apartment building must pay for the light consumed by him per month, as well as for general house needs, which includes lighting of entrances. The process for collecting these funds may vary from region to region or even from home to home. The fact is that sometimes people pay directly to Energosbyt for the light in their entrances, but this is considered incorrect and illegal. Sometimes the management company collects funds, which are then transferred to the energy company.
In any case, turning off the light due to non-payment is considered illegal. The fact is that usually only some owners or tenants of apartments do not pay funds for general building needs, while the rest regularly pay the necessary money. That is why, even if only one resident in the house pays for services, turning off the light for non-payment will be an illegal action on the part of the management company or other authorized organization.
It should be noted that each person has his own idea of whether it is necessary to pay for general house services or not, and at the same time, responsible payers should not suffer from the irresponsibility of other people. If a person regularly pays money for general house services, then he must constantly use them for their intended purpose.
PRO new building (Moscow)
- incandescent lamps certainly get very hot during operation, and even after one hour of operation they can heat up to 360 degrees, so they can only be used in conjunction with high-quality and correctly installed lampshades;
- in many entrances, lamps are used without special lenses, which is considered a gross violation, and therefore the lighting on the site will be of poor quality;
- when installing light sources, the condition is not observed, which is that the distance from them to combustible materials must be such as to completely eliminate the possibility of fire, therefore people should not use corridors and areas for installing any wooden or other structures;
- Electricians working in management companies are often unprofessional, so when working with electricity, they connect copper wires to aluminum wires, which leads to the formation of galvanic steam, which leads to the destruction of contacts.
Every resident of a high-rise building wants to create comfortable and safe living conditions. For this purpose, high-quality and bright lighting is certainly organized in the entrance, and usually for this purpose, lighting fixtures are installed on each floor, equipped with standard incandescent lamps, which after a long period of operation lose their effectiveness.
24 Dec 2020 marketur 415
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What to do if the light in the entrance does not light for technical reasons
Energy supply organizations are required to supply electrical energy directly to the house, but its distribution throughout the house itself is the direct responsibility of the management company. This company is obliged to maintain common property in proper and optimal condition, and at the same time must take care of the safety of people's lives. Therefore, it must ensure the constant presence of light in the entrance. Its absence is a violation of human rights, as well as modern legislation.
That is why the management company cannot indicate any technical reasons as the reason for the fact that the light in the entrance is not on, since it is she who must eliminate them, and even replacing the electrical wiring falls on the shoulders of this organization.
What to do if appealing to the Criminal Code does not give the necessary results
Very often, residents of houses have to deal with the fact that they cannot get any response from the management company. She simply ignores statements and calls from the owners and tenants of the apartments in the building she serves. What should residents do in this case?
You can contact other organizations with a complaint, namely:
- court;
- relevant government agencies;
- supervisory authorities.
However, you need to contact these institutions only after a complaint has been filed with the management company, and no response has been received and no action has been taken on its part.
Most often, when the lights in the entrance go out, residents turn to the supervisory authorities. However, often this organization cannot give the desired result. Even the Prosecutor's Office can only scare the Criminal Code, but through the court this problem can be resolved in favor of the residents.
How to file a complaint with the Criminal Code
Initially, if you discover problems with lighting in the entrance, you should file a complaint with your management company. Here you need to indicate the residents’ demand to restore the light, and even if you are sure that the company simply will not pay attention to this document, you will still have to draw up and send it. In this case, it will be possible to prove in court that the company is irresponsible, and even numerous complaints from residents cannot lead to the desired result - repairing the light.
It is best if a collective complaint is filed, since companies pay more attention to it than a single statement.
Thus, if the light in the entrance stops burning, residents can contact different organizations to restore it. At the same time, the refusal of the management company to engage in restoration in any case is illegal.
