A special company can be involved in monitoring the life of a building that has many apartments. According to the general decision, the coordination of actions can be carried out by the residents themselves.
The legislation of the Russian Federation indicates various options - how the emerging issues can be resolved:
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Residents are given the right to choose the option at their own discretion.
Each of the proposed forms must provide:
The general meeting of tenants may replace the chosen method with another.
The choice of management itself can be justified by the following considerations:
There is a limitation - direct control can be used provided that the building has no more than 30 apartments.
Features of management depend on the form of ownership. If all residents are owners or they are in the majority, then they can be a party to service contracts for the whole house.
In particular, this applies to major repairs, work on the roof, in basements, painting facades or strengthening them with tiles, installing video surveillance.
For such utilities as water supply, sewerage, gas supply, electricity supply, heating system, garbage disposal, the owner of each apartment is obliged to conclude a contract personally. If several owners are registered in the premises, then the contract must be concluded with one of them.
In a building with more than 4 apartments, in the absence of a partnership or housing cooperative, a house council is organized. The general meeting selects its composition from the most active citizens. Then the chairman of the council is elected. The choice of one council at once for several houses is unacceptable.
By law, registration of the home council is not required. Official documents will be the minutes of general meetings of residents.The council of the house is chosen from among the most active members of the public. They must give their consent voluntarily, being aware of the forthcoming scope of work and their responsibility.
The Chairman of the Council shall perform the following duties:
| Indicators | Description |
| After the decisions made at the meeting of residents and recorded in the minutes, conclude agreements that would implement the decisions | this includes issues of home repair, maintenance of common house property |
| Communicating with Home Maintenance and Community Service Providers | this also applies to those services for which each owner draws up a separate contract |
| Accept completed work, check their quality and compliance with regulatory requirements | in case of violation of the conditions, participate in the preparation of acts of non-compliance |
| If the case goes to trial, then be a representative in court | — |
The chairman of the council may be assigned a monetary reward for the work performed.
Regulated by the Housing Code of the Russian Federation. In Art. 164 says that the basis of contracts in this case is the decision of the apartment owners.
Self-administration includes not only caring for the house itself, but also landscaping the adjacent territory, the availability of playgrounds for children, a sufficient number of benches and trash cans.
At the meeting, an authorized person is elected who will coordinate the implementation of these works, conclude the necessary contracts, keep records of all documentation, and prepare reports on the work done. As a rule, the commissioner and the chairman of the council are one person.
According to the law, the choice of method must be made within one year. If it was not possible to reach a consensus, then this will be done by the local government.
Legislative changes are intended to make direct management easier.
The changes are as follows:
| Indicators | Description |
| Simplification of participation in the general meeting of tenants | it became possible not to attend the meeting in person, but to issue a power of attorney for the right to vote on his behalf. This power of attorney does not have to be certified by a notary, spending money on it. It can be certified by a competent person at the place of work or study |
| Changed the number of votes required to make decisions | Previously, at least 2/3 of the votes of those present at the meeting were required to make a positive decision. Now it is enough for half of the residents to vote for the decision |
| It became possible to open a bank deposit and place on it the funds collected for major repairs | interest on the deposit will provide protection against cash inflation |
The joint solution of the inevitable problems will lead to the unity of the team of residents of the house. Each of them can make their own proposal, which will differ depending on the needs and lifestyle of each.
A person returning from work on the second shift needs good lighting, and pensioners need enough benches. No mother would turn down a well-equipped playground, and dog owners have their own problems.
You can organize days for joint cleaning of the local area, taking your children with you. Everyone, feeling like a master, can contribute. For example, it will not be difficult for a person who is familiar with carpentry and has the necessary tools to nail a lopsided bar.
If you need to perform more complex work, you should resort to the services of third-party organizations. This is the responsibility of the chairman.
The order of organization of work is as follows:
| Indicators | Description |
| Created a group of activists | it is desirable that it includes representatives from each entrance |
| A census of all apartments is being compiled | included in this house |
| Walking through the apartments | in order to acquaint its tenants with the new rules |
| Notify everyone about the upcoming meeting during a personal visit | announcements at the bottom of the entrance or unfolding in mailboxes |
| To hold a meeting | the decision must be taken by vote only. In the final calculation, the proportion is taken into account - the vote of one tenant is equal to the number of square meters that are in his use |
The meeting of tenants should decide the following issues:
The meeting ends with a protocol, which is signed by all those present. Each owner has the right to independently choose the companies with which contracts will be concluded. It is allowed that this is done by a responsible representative for all tenants.
The absence of intermediaries suggests that the tenants will deal with the distribution of funds on their own. The decision is made at the meeting and recorded in the minutes. It is possible to choose a representative who will represent the interests of the majority.
With direct management, there is no state funding for major repairs of the house. In this regard, it is not advisable to use this method for dilapidated housing.
Video: pros and cons
Managing a house with many apartments is no easy task. However, the direct management legislation is said to be an acceptable solution with some benefits.
Even if some remuneration is paid to the chairman of the board by common decision, this amount is incomparable with payments for management companies. For many categories of citizens, given the existing prices for utilities, this is a very significant point.
Since this method involves the conclusion of individual contracts for certain types of services, personal responsibility increases. This reduces the number of debtors, as the timeliness of all payments becomes transparent. The need to “scatter” the non-payment of individual tenants to the entire team will decrease.
The coordination of the actions of the owners of apartments in the house makes it possible to ensure comfortable and safe living in it.
Direct control has the following advantages:
| Indicators | Description |
| Independence in making decisions on the preservation of common house property | — |
| Ability to allocate funds | in the order of priority that is needed specifically for the residents of this house |
| Legal grounds for refusing unnecessary utilities | — |
| Individual responsibility in relations with organizations providing services | if the residents of one apartment have obstacles or disagreements, then this will not concern the neighbors. In case of malicious non-payment, gas or electricity will be turned off only at the debtors, and not throughout the house |
| Saving money | due to the lack of need to pay for the actions of the management company |
The disadvantages include the need to independently solve many problems that require time, skills and patience:
Direct management (NU) of an apartment building (MKD) is a method of managing the entire housing and communal system, in which the functions of management and provision of services are provided not by the management company, but exclusively by the initiative of the owners of residential premises.
An initiative group is a group of people who have agreed to take on the responsibility of being intermediaries between the rest of the tenants and the contractors.
Their responsibilities also include monitoring the timely payment for services, organizing general meetings of owners (OSS) and monitoring the quality of improvement. It is desirable that each entrance of the house has at least one representative in the initiative group.
The decision to change the method of managing an apartment building is made by a general vote of residents. In order for the transition to direct control to take place, it is necessary to collect more than 50% of the votes “for” of the total number. The decision is voluntary, it is possible to influence the opinions of the owners only with reasoned arguments in favor of the greater benefit of NU in comparison with. It is necessary to explain that no one will take care of the tenants and their living conditions as much as they do.
An additional weighty argument is that no one will be able to appropriate money for utilities if they are not made available to outside services.
The main issues discussed at the OOS:
The verbal agreement of the tenants has no legal force, therefore the decision to move to NU is recorded. The protocol has a clear structure:
MKD is not an organization, that is, a legal entity. He cannot do business with contractors. And each apartment has to sign agreements on the provision of services separately. To avoid such inconvenience, all owners can write a power of attorney to the responsible person. Then it will be able to sign documents on cooperation, representing the interests of all owners at once.
To conclude an agreement, the following documents are required:
Responsibilities can be assigned in two ways: orally or officially, by putting the relevant issue on the agenda of the OSS:
The protocol should spell out who, on what schedule and what is doing to maintain the MKD in good condition.
Common house needs (ODN) are charged by the resource supplying organization. In accordance with paragraph 44 of the "Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings", the positive amount of ODN is distributed among all apartments in the MKD in proportion to the area of \u200b\u200bthe dwelling.
According to paragraph 47 of the same law, the negative amount of ODN is calculated by the number of people who live in each apartment.
The prospects for NU MKD in Russia today do not inspire optimism. Houses that have 30 or fewer apartments are becoming less and less due to demolition programs. And high-rise buildings, on the contrary, are carried out in all major cities. Therefore, the development of such a method of managing MKD should not be expected.
Small MKDs, by law, have the right to organize direct management, and some owners take advantage of this. Such a scheme is used infrequently, therefore, ideas about it in the housing and communal services market are usually vague. In the article, we will understand how self-government works, what needs to be done to switch to it, consider the pros and cons, and also clearly indicate in which houses this method can be implemented.
It is possible to manage apartment buildings, including without creating an HOA and inviting a managing organization. Owners, if they wish, can stop at the option when they solve all the necessary tasks with their coordinated actions. This form is called direct management of an apartment building.
If the owners of apartments and non-residential premises believe that they themselves will cope with all the tasks of servicing MKD, then they stop at the option of direct management. In this case, the tenants themselves or the persons involved by them will provide safe and comfortable living conditions. The possibility of choosing such a method of management is spelled out in Art. 161 ZhK RF. It is important to note that it is only available for small houses, the number of apartments in which is limited to thirty.
The logic of the specified restriction is clear. For independent management of MKD, residents need to be familiar with each other and act together for the common good. In large houses, this is almost impossible - neighbors often do not show initiative in managerial affairs and live in the same entrance for many years without communicating with each other.
If there are up to 30 apartments in an MKD and the residents decide to opt for a direct method of management, then they will have to independently build relationships with resource providers and work contractors. You can clean and improve the adjacent territory on your own, but contractors will already be required to repair common house engineering communications. A standard contract is concluded with them, which obliges the contractor to complete and hand over the work, and the customer to pay for it. This is all spelled out in Part 2 of Article 702 of the Civil Code of the Russian Federation.
The selection of the contractor takes place at the general meeting. For more information on how to conclude agreements for the maintenance of common house property and the receipt of communal resources from the reference system "Management of MKD". In particular, it contains paragraphs describing who is responsible to the owners for the appropriate condition of the common property and the uninterrupted supply of resources.
Direct control is organized in three ways:
The self-managed apartment building option has its pros and cons.
Let's look at the benefits first:
For objectivity, we note the disadvantages:
There are significantly more than 30 apartments in a standard Khrushchev, as well as in typical high-rise buildings of a later construction. In this regard, the direct method of control is available for implementation by citizens living in two types of apartment buildings:
However, legislative changes are possible in the near future regarding the number of apartments. In September 2018, a draft law was submitted to the State Duma for consideration, removing the restriction on choosing the option of direct management of a house, depending on its size. The initiator of the document believes that the rights of residents are being violated here. The Housing Code of the Russian Federation in one article gives them the opportunity to manage MKD, but in another article it does not allow them to choose one of the existing management methods if the number of apartments is more than 30.
The fate of this bill is not yet clear. With a high probability, it will be rejected, since there is no serious infringement of the rights of residents and people dissatisfied with this state of affairs in any significant number.
As mentioned above, with the direct management of the house, the contract for the provision of utilities is signed by each owner individually. This means that the KU will be paid directly to their suppliers. This feature is key for many, that is, the transition to a self-government scheme is due to the desire to achieve transparency in payment matters.
