Methods of managing an apartment building include

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An apartment building is a complex technical structure that requires constant attention. We need to maintain his condition, care for him and manage him .

Someone has to do this, either the owners of residential premises themselves, or hired specialists. The state provided residents with a choice of the form of management of apartment buildings.

But before you choose, you need to have an idea of what control methods are available.

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Ways to manage an apartment building

The Housing Code of the Russian Federation (Article 161) provides several possibilities for managing an apartment building (abbreviated as MKD).

These include:

Directly by residents;
Through the creation of a HOA or cooperative;
Management company (MC).

The method of managing an apartment building is chosen by the owners at their meeting. They have the right to change the form of management .

However, if for some reason the homeowners are unable to choose a method, then the municipality makes the decision for them, electing a management company in an open competition.

If the residents manage the house themselves, that is, directly, this means that each owner himself works with organizations that serve the housing stock.

The presence of a management company in this connection is not necessary, although in practice, most often, direct management is carried out through a management company, which acts as a representative of the residents.

A legal entity is not created in this form; the house is managed by a house elder or a house committee.

The next method is to create a housing cooperative or HOA. Based on the general meeting of owners, a non-profit organization (HOA or cooperative) is created, the main task of which is to maintain the house.

The MKD is managed through the established organization. The homeowners' association has its own current account, seal, and represents homeowners before third-party and government organizations.

A management company is an organization that specializes in providing services in the housing and communal services sector, that is, it is engaged in professional maintenance of houses.

The management company can be either private or public.

If residents choose a management company to manage their apartment building, then each owner enters into a service agreement with the management company, including payment of utilities, garbage collection, and supply of certain energy resources.

If you want to find out about major home renovations: who is entitled to payment benefits, we advise you to read the article.

How does home management work?

You can read about the procedure in the rules for implementing the management of an apartment building. This is in Resolution No. 416 of the Government of the Russian Federation dated May 15, 2013. This document establishes the parameters for managing an apartment building, requests to management organizations, their rights and obligations in relation to the owners.

Selecting MKD control

The choice of management method takes place at a general meeting of apartment owners.

The process can be divided into several stages:

Preparatory. Creation of an initiative group that will prepare the meeting, proposals on the form of management, place and timing of the meeting, storage of documents, preparation of a draft resolution, etc.
Holding a meeting. In order for the decision of the meeting to have legal force, the presence of at least 50% of the owners living in the house is required. The form of the meeting can be either in person or in absentia.
Implementation of decisions of the general meeting. If direct management or management company is elected, then residents enter into contracts with service providers directly or with the management company. If an HOA or residential complex is created, then constituent documents are drawn up and the organization is registered with government agencies. Next, the owners resolve all issues with the HOA or cooperative.

Since 2020, it is possible to directly manage a house if there are no more than sixteen apartments in it (Federal Law No. 255 of July 21, 2014, RF Housing Code Art. 161).

In other cases, you will have to either create an HOA or use the services of a management company.

Management of apartment buildings according to housing legislation

Housing legislation provides only 3 possible ways to manage any apartment building (Part 2 of Article 161 of the Housing Code of the Russian Federation).

So the forms of management include:

Owner management;
Owners' association (HOA), housing cooperative or any other PC;
Managing organization.

At a general meeting of premises owners, methods for managing apartment buildings according to housing legislation are considered and a single one is selected.

In this case, the chosen method can also be changed based on a new decision of the meeting of owners. (Part 3 of Article 161 of the Housing Code of the Russian Federation).

You can read what a consumer cooperative is and how to create one here.

Direct management of apartment buildings

Direct management can be carried out in an apartment building with no more than 30 apartments.

In a given house, only one of the total number of owners, another person with powers of attorney, can immediately act on behalf of all the owners of the premises.

Management of apartment buildings according to the housing legislation of the Russian Federation.

What are the main advantages of this management format?

Firstly, with direct management, premises owners will not have to spend funds to pay for the services of any management organization;
Secondly, the owners themselves can choose contractors for home maintenance and repairs. The owners themselves decide for how long to hire contractors and when to refuse their services. Owners can also do maintenance on their own, saving considerable amounts.
Thirdly, any of the owners himself enters into an agreement with resource supply organizations. Thanks to this, neighbors will not be forced to bear responsibility if one of the neighbors has payment arrears.

A little about the disadvantages of this control method:

If there are a large number of apartments, the efficiency of the management may be significantly reduced; it is necessary to convene a meeting to vote on each of the housing issues.
With direct management by the owners themselves, the opportunity to carry out major repairs of the house with money from the Reform Assistance Fund is lost.

In what order is the landscaping of the local area of an apartment building carried out and who is responsible for it - find out by following the link.

Management of apartment buildings through HOAs and residential complexes

It is possible to create an HOA and a residential complex in an apartment building if the idea is supported by more than half of the owners of one residential building or by the owners of several buildings.

The HOA is an association of owners and is a non-profit organization. A residential complex is an association of people/organizations for the construction of housing or for the management of a residential building (houses).

Since 2014, HOAs have been created in the form of a legal entity - a partnership of real estate owners, so there is no need to re-register the HOA in TSN since 2014.

The purpose of the organizations is to manage the common property of the house, its maintenance, provision of utilities, etc.

Scheme: Management of apartment buildings without the creation and through the creation of an HOA.

The main functions of associations in managing an apartment building:

It is possible to provide some types of services on our own (cleaning the area, working with plumbing);
When interacting with self-government bodies, it is possible to obtain funds from the budget for major repairs and training, if necessary. (Article 165 of the Housing Code);
Carrying out some commercial activities.

Organizations can provide services to the home themselves or hire third parties. And if there is an agreement with the organization, obligations are monitored in accordance with the agreement.

When a homeowners association/residential complex enters into a management agreement for an apartment building with each of the participating owners, it is not mandatory to include the conditions in the organization’s charter.

The advantage of an HOA/residential complex is direct management of the house , provision of utilities, and identification of the interests of the owners.

Also, the HOA/residential complex can conduct commercial activities. Part of the funds spent on participation in the organization and management of the house will be taxed on preferential terms.

The disadvantage is the need to maintain a staff (one of the owners operating in the organization on a non-professional basis), and to spend funds on payments to staff members.

Managing organization in house management

A management organization is a commercial organization that provides house management services and has the appropriate license.

So, at a general meeting, the owners choose a specific management organization with which they plan to cooperate. Next, the terms of the contract, payment for repairs and maintenance of the house are agreed upon with her.

Each of the owners enters into an agreement with the management organization on the terms discussed at the general meeting. The management organization guarantees the provision of the agreed services for the agreed period of time.

The management agreement can be concluded for a period of 1 to 5 years. But at the same time, the owners have the opportunity to terminate the contract on the basis of the Civil Code of the Russian Federation.

More information on how to choose the right management company for a new building can be found here.

If the management organization provides services unsatisfactorily, it will necessarily bear responsibility in accordance with the law.

Owners may reconsider the form of house management if they realize that the management organization cannot perform the required tasks. Also, owners can begin cooperation with any other management organization by terminating the agreement with the previous one.

This decision is made at a general meeting of owners.

Disadvantages of managing an apartment building with the help of a management organization:

The management organization is an organization that will most likely be aimed at obtaining maximum profit for the provision of services, so owners may be faced with inflated tariffs and a lack of interest in the honest management of the house for a reasonable fee.
owners will not have the opportunity to directly control the services provided to them.
If the owners themselves have not chosen the management method, the municipal authorities themselves will appoint a management organization. In this case, changing the management organization will not be easy.

Management benefits include:

the opportunity to shift management and support concerns to the organization.
presence of a representative in interaction with third parties.

How to change the management company and what is needed for this? Find out in this article.

Scheme: General meeting as the governing body of an apartment building.

Direct management of a residential building

Direct management of MKD is collective management. All issues related to the maintenance of the house are resolved at a general meeting.

Each owner represents his own interests..

Based on the Housing Code of the Russian Federation (Article 164), owners can choose their legal representative who will act on their behalf, that is, enter into contracts, represent owners in third-party organizations and government agencies.

The representative may not be the owner living in the house, but a person hired from outside. It is possible to elect a house elder or a house committee .

Read the article about whether the owner can be evicted from a privatized apartment for rent arrears here.

What does it mean to manage an apartment building?

Regardless of the management procedure for MKD, activities should be carried out taking into account the following principles:

the task is to promote the well-being of residents, care for common property;
tenants receive equal access to shared property;
when the management of an apartment building is carried out by a commercial company, the company receives a license for the relevant activity;
the form in which the management of an apartment building will be carried out must be chosen by homeowners at general building meetings;
the range of available management companies with a license is publicly available on the municipality’s website;
Management companies provide reports on their work to residents and are responsible for the quality of services;
companies that maintain apartment buildings are controlled by higher authorities and law enforcement agencies (you can file a complaint against the actions of the manager with Rospotrebnadzor, the prosecutor's office, the police, or the court).

Important! Only one method of managing a multi-apartment building can be used. When attracting a commercial organization, it can also only be the only one.

The legislative framework

The main document that regulates the maintenance of multi-apartment residential buildings is the Housing Code of the Russian Federation.

Agreement

With direct management, only direct contracts are possible.

Agreements are concluded by each owner of the premises, who directly manages the apartment building, on his own behalf (Article 164.2 of the Housing Code of the Russian Federation).

The head of the house or the chairman of the house council is authorized to conclude an agreement on behalf of all owners (Article 164.3 of the Housing Code of the Russian Federation), for this each owner must issue a notarized power of attorney in the name of the chairman of the house council.

When concluding an agreement, owners can provide in the agreement all the conditions necessary for them.

We offer you an apartment management agreement, direct form: .

To conclude direct contracts with direct management, you must provide:

A copy of the minutes of the decision of the general meeting of owners on the choice of method of managing the house;
A copy of the minutes of the decision of the general meeting of owners on the selection of an authorized person for interaction with resource supply organizations on behalf of all owners (or on the election of the chairman of the house council);
A copy of the technical passport for the apartment building;
Application addressed to the director for concluding direct contracts.

You may be interested in the article, the rights and responsibilities of the management company for the maintenance of an apartment building, you can read about it here.

Choosing a method for managing an apartment building (clause 4, part 2, article 44 of the RF Housing Code)

According to clause 4, part 2, art. 44 of the Housing Code of the Russian Federation, the choice of one of the methods of managing a house by the owners of the premises is made through a general meeting of the owners of the house (or several houses with a common territory).

So the general meeting is held in two forms:

in person;
in absentia.

, more than 50% of the votes of the total number of owners is sufficient to make a decision The voting decision is binding on all owners.

In-person voting

In a joint presence, that is, in person, the owners, having gathered at a certain time and in a specific place, discuss the issues put to vote.

Stages of in-person voting:

The text of the proposed project is being prepared;
The proposed project is put on the agenda, a meeting of owners is held, at which they are asked to approve the project;
The owners approve or disapprove the proposed project (in accordance with the voting distribution scheme);
The authorized person signs the document.

If any changes are made to the approved document, all owners must be notified of this, and they can either approve or disapprove the changes at a new meeting of voters.

Absentee voting form for owners of an apartment building

Absentee voting among owners is carried out by transferring decisions of owners on issues raised, set out in writing.

Absentee voting by the owners of an apartment building is possible when resolving any issues that would be within the competence of the general meeting.

You can read how to recognize a house as unsafe and subject to demolition, and in what order relocation from emergency housing is carried out in the publication at the link.

The survey can be conducted:

When using a questionnaire, a record of voting results;
Using a voting ballot.

Minutes of a meeting of residents of an apartment building: form and basic details

After the meeting and meeting at the first meeting of residents, the question of how exactly the house/houses with a common territory will be managed is decided. After the meeting and further voting, all voting data is entered into a special minutes of the residents’ meeting.

This protocol reflects some information about the residents themselves, indicates the form of voting, its results, and the initiative persons. The minutes must be completed and provided to residents 10 days after the meeting with voting.

Minutes of the meeting of residents of an apartment building - form to fill out:

Sample minutes of a meeting of residents of an apartment building.

Main provisions of the protocol:

form and timing of voting; initiators;
agenda;
description of applications.

Filling features:

Initially, a register of residents indicating the areas of their apartments (data can be obtained from developers, the owners themselves during a survey, and from utility workers).
We will indicate the form of the meeting. The absentee form is usually more convenient, because in practice a much larger number of residents take part in it than with in-person voting.
Next is the time for voting. It is important to choose a time that is convenient for most residents. Residents must be notified of the summons by signature.
The place of delivery of decisions is indicated . Here it is convenient to list the apartment numbers of the initiative group of persons (owners, representatives by proxy and even management companies).
Information about the total living area from the registration certificate of the house is indicated
For convenience, you can prescribe a method for counting votes.

a sample protocol for a meeting of residents of an apartment building using this link.

To summarize, we note that our housing legislation gives owners the right to decide for themselves the most appropriate form of house management in each case.

You can get more information about the procedure for managing an apartment building with the help of an HOA in the following video lesson: