This can be

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The other day he participated in the process as a representative of the plaintiff. A lawsuit was considered about the illegal issue of receipts of an energy supply organization. I think someone will be interested.

Short. In 2009, the administration of the Nizhneodessky municipality and the management company registered a fictitious HOA (without members) for an apartment building, the chairman of the board put an employee of the heat supply - the management company. This employee immediately issued a power of attorney to his director for the right to represent the interests of the HOA with third parties and on behalf of the owners who are not members of the HOA, entered into a service agreement again with his director. Such an HOA lasted until October 2011, legally pumping money out of the pockets of tenants.

In connection with the amendment in the laws in 2010, the management organization formally separated from the heat supply, respectively, the “contract” with the HOA was renegotted. Do not believe it, but on the basis of a decision of the meeting of owners who are not members of the HOA and did not give anyone a power of attorney for a representative office in the management of their property in joint ownership. Of course, with HOAs that have nothing but the charter and extract from the Unified State Register of Legal Entities, no resource -supplying organization could sign the contract, but with the management organization, which, in addition to the above, the bank account and print, could be concluded without problems. Except one. Why conclude it at all with the participation of the HOA itself?

In our case, the electric supply organization concludes an agreement with the management organization and instructs the latter for the reward of keeping records of electricity consumption and billing for electricity consumed to the residents of the house.

In 2011, the owners learned that the HOA was created in their house and decided not to swear, not to complain, they simply joined the partnership, chose members of the board. The board, in turn, turned to a person who formally performed the duties of the Chairman of the Board, with a request to transfer all the documents related to the HOA and the house management. Naturally, since the organization was fictitious, there were simply no such documents, there was not even a seal and bank accounts, which are the main attributes of a legal entity. The board, perfectly understanding that the matter here is unclean, turned to all organizations that could have at least some kind of relation to the HOA, with a demand for the recall of powers of attorney issued on behalf of the HOA, and the transfer of all financial documents, including agreements in which the HOA participates as one of the parties. Not a single document was transferred to the rule of the HOA. The board was forced to apply to all state bodies with a request to understand and assist in raising the situation.

Well, naive! Well, led to the TV, to the tales that the state supports citizens, the HOA, is fighting corruption and crooks from housing and communal services.

Naturally, acting like all normal people in their interest, the Board of the HOA entered into an agreement on servicing their home, including the supply of electricity, having previously established in accordance with the requirement of the law on energy conservation of a common -house electricity accounting unit. The contract for the supply of electricity is concluded with the mandatory delimitation of balance sheet and operational liability, about which the relevant act is the organization of which are the electrical networks.

And then misunderstandings began. Already after the contract was concluded between the HOA and the power supply organization, which had also previously delivered electricity to the house, the meter readings were removed for the new reference, the reconciliation act was signed. Along with the receipts of the HOA for electricity, consumers continued to come receipts on behalf of the power supply organization with which the HOA reign concluded an agreement and with which it itself made a calculation of the common -house electricity accounting unit.

The power supply of the HOA to the seller, the power supply organization answered: they say that they do not print receipts and withdrew the order for the manufacture of receipts on their behalf on the specified house.

At this time, information is carried out on Wednesday of residents that the HOA is organized and acts illegally. By whom? Those who previously registered fictitious HOAs. The trusting of the people knows no boundaries, especially pensioners. Especially if it comes from someone from the powerful chair. As a result, double receipts have been going on for almost two years, they got all the residents, but the rule could not find a way out of this situation. In parallel, a shaft of inspections fell on the HOA. The people are partially wilted.

As always, if the social organism is still alive, an individual appears from an amorphous, smeared and lost human mass that is ready for an act, just to preserve itself as a person. And such a person appeared. The appeal to the court on the protection of violated rights, the illegal issue of receipts by the seller of electricity.

What turned out in court after three meetings that were transferred in connection with the defendant’s failure, and his written review?

The defendant’s organization admitted that she entered into an agreement with the HOA for the supply of electricity, but at the same time entered into another agreement to issue receipts with another organization, which had previously concluded a “contract” of management with the HOA. A copy of the “contract” was submitted to the court without details (without a bank account, without printing, with another address, with another name), by the signature of the person representing the legal entity - the HOA. For brackets, we leave the fact that, according to the law, in order to represent the interests of the owners in relations with third parties, at least a power of attorney is needed, at worst - an application for joining the HOA and a decision adopted at the general meeting of the HOA members.

The defendant claims that a direct agreement with the HOA is negligible, and an “agreement” is in force with another organization, submitted to the court in the form of a copy that is not terminated and continues to operate.

It is clear that I completely confused everyone with all this information, but I am for a healthy lifestyle, so I’ll try to clarify without half a liter.

Let me remind you - the board took the authorities in its house, in writing notified all the organizations that served the house, that it will independently manage its apartment building and proposed to transfer all the documents to him that somehow confirm the mutual obligations of the parties, and also found the assignment of responsibility for not transferring documents. Not a single document was transferred to the rule of the HOA. As a result, the Board of the HOA was forced to conclude contracts for servicing a house with other organizations.

And then a paper appears in the court, which it turns out, it was necessary to terminate the HOA more than two years ago. To a simple question, the representative of the defendant of the issuing receipt - where are the originals of the presented copy of the “contract”? - The answer was given that one is exactly located at Nizhny Odessa Transport 9, and where the second is unknown to them. By meeting with the minutes of the meeting of homeowners, it turns out, it turns out that the second original of the “contract” (if such was) is also at the address of Nizhny Odessa Transport 9, that is, in the same hands, one can even assume - in one folder.

In terrible dreams, it is impossible to imagine what consequences for one of the parties can be if you fulfill the obligation of the perverted fantasy of the other side, which can write in the document that you want and to start such “originals” as much as you like.

The court thought, but not on it. And over what right is the plaintiff's right? Well, they put up for payment for electricity monthly, which the plaintiff has already paid, the same organization (through the HOA) ... But the “debt” is not collected. Well, receipts come, well, let them come! Why worry?

It was interesting to observe the reaction of the plaintiff. She was first present at the hearing. A sea of ​​emotions, undisguised indignation of the unprincipled defendants and delaying the court to make a decision. Her words: “Well, everything is clear. I have an agreement with the HOA, for HOA - with the seller of electricity. How can a seller demand a payment of money from me if I have already paid them for him? "