In accordance with Decree of the Government of the Russian Federation No. 75 of February 6, 2006 “On the procedure for holding an open competition by a local government body for the selection of a management organization to manage an apartment building” and Art. 161 of the Housing Code of the Russian Federation approved the rules for holding competitions for the selection of a management company. Local government bodies receive the right to announce open competitions for the selection of management organizations if, during the year, residents of an apartment building at their meetings were unable to choose a different method, or the method they chose was not implemented.
In addition, the public authority is required to organize a meeting of residents 30 days before the end of the current contract. Unless another method is chosen at this meeting, the authorities again announce an open competition for the selection of a management organization.
You may be interested in: Services of a specialized bidding organization.
Principles of holding a competition to select a management organization
- The competition for the selection of management organizations must be held in conditions of fair competition. If this principle is violated, you should write a complaint to the FAS.
- When holding a competition to select a management organization, uniform conditions must be created for both individual entrepreneurs and legal entities. Their legal form does not matter.
- The winners of competitions for the election of management organizations are obliged to effectively use the funds of residents of apartment buildings solely for the purpose of ensuring the safety and convenience of living. Homeowners have the right to receive a detailed report on the use of funds.
- Information about an open competition to select a management organization must be publicly available. Full transparency of the entire procedure must be ensured. A special commission is appointed to conduct the competition and announce the winner, who becomes the managing organization based on its results.
Stage 1.
- Temporary management of the house: the management organization is selected by the developer
Within 5 days from the date of receipt of permission to put into operation an apartment building (hereinafter referred to as the apartment building), the developer is obliged to conclude a management agreement for the apartment building with the management organization (clause 14, part 5, article 161 of the Housing Code of the Russian Federation) for a period of no more than 3 months (p. 3 Part 5 Article 162 of the RF Housing Code). When choosing a temporary management organization, the developer is not obliged to take into account the opinions of shareholders and other persons.
A temporary management organization cannot impose services that are not mandatory for the maintenance of residential buildings.
The list of mandatory services is contained in the Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170 “On approval of the Rules and Standards for the Technical Operation of the Housing Stock.” Thus, a management organization (any, not just temporary) cannot, without the consent of the general meeting of owners of apartment buildings, include in receipts fees for video surveillance, concierge services, security, etc.
Control
According to the Housing Code, residents have the right to monitor the organization that won the competition. It lies in the possibility:
- checking the quality, volume and frequency of services provided;
- carrying out external examination;
- requesting the necessary documentation;
- receiving an annual report.
You may be interested in: Support of participation in tenders, competitions, auctions
Legal assistance
Do you want to elect a management organization through an open competition and do you need legal support? capable of ready such a service. We have extensive experience in organizing and conducting auctions. Experienced specialists will help you choose the most worthy and qualified performer between applicant organizations in an open competition. Our advantages:
- when organizing and conducting the competition, we act strictly in accordance with the requirements of Government Decree No. 75 of 02/06/2006;
- our lawyers will provide you with consulting support on any issues;
- organizing the competition will cost you only 59 thousand rubles;
- individual approach to each case.
In the event that the owners of the premises of an apartment building during the year before the competition at the general meeting were unable to choose a method of managing their house or chose, but the decision they made on choosing a method of managing the house was not implemented, then in accordance with the Housing Code, local authorities self-government and state authorities are responsible for holding open competitions to select management organizations to manage such a house.
If the owners of the premises have not made a decision on choosing a management method independently, then the government body is obliged to convene a meeting of the owners of the premises of the given building no later than 30 days before the expiration of the contract for the management of an apartment building, which was concluded based on the results of the competition, to decide question about choosing a way to manage this house.
If, before the expiration of the contract for the management of an apartment building concluded as a result of an open competition, the owners of the premises in this building have not chosen a method of managing it, or if a decision on choosing a method of managing the house was made, but was not implemented, the authorities are obliged to again hold an open competition.
You may be interested in preparing a legal opinion.
Choosing a method for managing an apartment building
CHOOSING A METHOD FOR MANAGING AN APARTMENT BUILDING
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The Housing Code of the Russian Federation defines
3 control methods:
и 1. Direct control (Article 164 of the RF Housing Code).
This control method is more acceptable for a small apartment building. Each owner of such a house, independently or through an authorized person, enters into contracts for the provision of utility services with a resource supply organization, and all owners jointly enter into contracts with organizations that provide services for the maintenance and repair of common property in the house.
è 2. Management of a HOA, housing cooperative, residential complex or other specialized cooperative.
Homeowners' associations, housing cooperatives, residential complexes are legal entities, have a seal with their name, settlement and other bank accounts. Agreements are concluded with apartment owners who are not members of the HOA, housing cooperative, or residential complex created in the building for the maintenance and repair of the common property of the building. Homeowners' associations, housing cooperatives, and residential complexes can either independently manage and maintain an apartment building (if they have qualified employees) or enter into agreements with management and contractor organizations.
и 3. Management of the management organization
–
This is a method in which the owners of premises in an apartment building at a general meeting select a management organization with which a management agreement is concluded (for a period of 1 year and no more than 5 years). The main disadvantage of this method of management, from the point of view of the owners, is that one cannot be completely sure of the correct choice.
General meeting of owners
The general meeting of owners of premises in an apartment building can be held in person
and
absentee
voting.
Conducting a general meeting of premises owners in an apartment building in person (in the form of a meeting)
provides for the joint presence of premises owners in a specific place and at a specific time to discuss issues put to vote.
Absentee voting
provides for the adoption of decisions by owners (on appropriate forms) on issues put to vote in a place specially designated for this at a certain time. A meeting in the form of absentee voting is most appropriate for holding a general meeting in conditions of a large number of owners in the house.
The general meeting is valid (has a quorum) if it was attended by the owners of premises in a given building or their representatives with more than 50% of the votes of the total number of votes.
The decision of the general meeting of owners in the form of absentee voting on the choice of method of managing the house is made by a majority vote of the total number of votes taking part in this general meeting.
If there is no quorum for holding a general meeting, a repeated procedure may be carried out to select a method of managing an apartment building.
The initiative group needs to develop the following documents:
ü notice of the general meeting, which indicates: the initiators of the general meeting (full name, address), the form of the general meeting (in-person or absentee voting), the agenda of the meeting, the place and time of the meeting, the place where it will be possible to familiarize yourself with the draft charter in advance and other documents. And in the case of absentee voting - the place and timing of collecting sheets of owners’ decisions;
ü registration sheets for the delivery of notices of holding a general meeting and forms of decisions of owners for voting (for holding a general meeting in the form of absentee voting);
ü information about the owners of the premises and the distribution of shares (full name of the owner, number of the occupied premises and its total area, share in the right to the common property of an apartment building), information about the sum of the areas of residential and non-residential (not included in the common property) premises in the house;
ü owner’s decision form for voting (if the general meeting is held in writing or in the form of absentee voting);
ü draft charter of the HOA (in case of choosing a management method - management of the HOA) or a management agreement (in case of choosing a management method - management of the management organization).
ü draft minutes of the general meeting of owners of premises in an apartment building.
ORGANIZATION OF CHOOSING A MANAGEMENT METHOD:
Ü the initiators of the meeting choose the form of voting - in person or in absentia. The procedures for in-person and absentee voting cannot be applied simultaneously;
Ü an initiative group of owners can carry out all the preparatory work independently and offer the rest of the owners one of the options for choosing a management method - the creation of an HOA;
Ü members of the initiative group, with the assistance of the district government, representatives of city property (District State Administration for Information System), prepare documents for holding the meeting. To obtain a scheme for the distribution of votes of owners, you can contact the GU IS of the district;
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Ü notice of the meeting must be sent to each owner in this house by registered mail or delivered against signature
no later than
10 days before the date of its holding
;
Ü Only
owners of premises personally or through their representatives. The owner's representative must have the authority to participate in the meeting, confirmed by a power of attorney, executed in accordance with the requirements of paragraphs 4 and 5 of Art. 185 of the Civil Code of the Russian Federation or certified by a notary.
UNIFIED REGISTER OF MANAGEMENT OF MULTIPLE BUILDINGS (URU) – INFORMATION RESOURCE OF THE CITY OF MOSCOW
To help property owners when choosing a management organization, the Unified Register of Management of Apartment Buildings in the City of Moscow (URU) was created, which contains information about organizations that are already carrying out or have expressed a desire to carry out activities for managing apartment buildings.
Information about these organizations is available on the websites:
Ü Department of Housing, Communal Services and Improvement of Moscow www . dgkh . ru ,
Ü State Institution “Center for Reform in Housing and Communal Services” www . center -
kgh . ru ,
Ü State Institution of the City Center for Housing Subsidies www . subsident . ru .
Criteria for evaluation
to select a management organization
◙ Inclusion of management organizations in the register of management organizations.
◙ The presence of cases of administrative liability and court decisions over the past 3 years.
◙ List of the largest previously implemented orders (projects).
◙ Customer reviews of previously completed similar work.
◙ Availability of certificates for performing work.
◙ Proposals on ways to achieve one of the main goals - ensuring favorable and safe living conditions for citizens in the house, on additional and promising types of services.
◙ Procedure and methods for ensuring control of the quality and quantity of supplied housing, communal and other services.
◙ Procedure for handling public complaints.
◙ Procedure for conducting claims work with the population.
◙ Insurance of the general property of the owners of premises in the house.
◙ Availability of a package of proposals for organizing house management.
◙ Availability of a package of contracts for housing maintenance, definition of tasks and measures of responsibility.
◙ Availability of material and technical base.
◙ Availability of a developed schedule of preventive maintenance work.
◙ Insurance of contract work.
◙ Availability of licenses to perform a certain type of work.
◙ Availability of a package of documents on energy, fire and electrical safety.
◙ Rational use of enterprise funds and resources by reducing the cost of services (work) per 1 m2. total area of the house.
◙ Availability of proposals for the provision of new (unique or particularly attractive) services.
◙ Availability of the number of implemented technologies.
◙ Proposal for modernization of in-house engineering equipment.
