About the progress of the housing and communal services reform, about the overhaul of houses and more

Anton [02.02 23:48] Don’t you think that every management company or HOA should be required to disclose its finances as much as possible, i.e. so that reports are compiled on a monthly basis, how much money is collected, how much is spent and for what purposes?

Lyudmila [02.02 12:18] Dear Konstantin Georgievich! I have been living in my new house for 3 years. At their own expense, the residents installed 2 video cameras with 24-hour recording in their entrance, paid for the work of the entrance attendant themselves, and made repairs to the entrance. I am registered alone, so I pay a very large amount for excess space under the heading “Maintenance and repair of residential premises.” I can’t find out from the management company where this money goes. Perhaps you can answer specifically what these funds can be used for?

Each owner has the right to independently control the management company he hires or the HOA of which he is a member. Therefore, demanding estimates, certificates of completion of work and other financial documents from management companies and homeowners associations is your inalienable right.

In accordance with Decree of the Government of the Russian Federation dated September 23, 2010 No. 731, the management company is obliged to publicly disclose this information. Refusal to provide information may be appealed in court.

The Fund is working on the preparation of reporting by management organizations as part of the implementation by such organizations of information disclosure standards.

Konstantin Khristoforovich, pensioner [01/31 19:53] Dear Mr. Tsitsin! Are methods or other recommendations being developed within the Fund’s structures that would allow management companies and HOAs to select a technology for managing the housing stock, incl. a transparent budgeting scheme?

In accordance with the Housing Code of the Russian Federation, determining the procedure for organizing and operating associations of homeowners is within the powers of government bodies of the Russian Federation, which the Housing and Communal Services Fund is not.

At the same time, the Fund is actively involved in the preparation of proposals to amend the RF Housing Code.

Meetings and seminars are held annually on topical issues in the housing and communal services sector, incl. on improving the house management system (you can find out about upcoming seminars from the information posted on our website ( www.fondgkh.ru ).

I am convinced that an important point in the house management system is the development of the institution of self-regulation. In a market economy, self-regulatory organizations are the best mechanism for developing uniform standards for the activities of management companies and monitoring their compliance, and practically the only truly effective way to combat dishonest management organizations.

Also effectively within the framework of self-regulatory organizations, the issue of professional responsibility of management organizations is resolved, including through the formation of a compensation fund for a self-regulatory organization.

Ivan [01/31 20:24] Do any bodies control the activities of management companies or not? The courts appear to be at odds with local governments and the management company, since they refuse to accept claims for the return of illegal fees.

Unfortunately, today the activities of management organizations and homeowners’ associations are not regulated by practically any regulatory legal acts. The state does not carry out centralized regulation of these processes; control over management activities (or rather, their consequences, when they can no longer be ignored) is carried out sporadically and unsystematically at the level of constituent entities of the Russian Federation and municipalities, the tasks of which are unreasonably narrowed and do not fully correspond current housing legislation. In this connection, the Ministry of Regional Development, with the participation of the Housing and Communal Services Fund, is preparing appropriate amendments to the Housing Code of the Russian Federation (the bill was adopted in the first reading on November 23, 2010), incl. providing for the expansion of the powers of state housing inspectors, the establishment of increased requirements for persons managing the house, and mandatory membership of management organizations in a self-regulatory organization from March 1, 2013.

Grigory [03.02 08:47] Hello, Konstantin Georgievich! Please comment on the situation when two management companies are vying for the maintenance of an apartment building and at the same time both send out bills to pay for utilities. The owners simply do not know who to pay and what to do. Is this problem occurring in Russia as a whole or is it just in Volgograd?

The owners must get together and decide for themselves which management organization they are working with.

According to the law, the choice of a management organization is carried out directly by the owners at their general meeting, and the decision is documented in minutes, except in cases where the owners were unable to make an appropriate decision or the decision made on choosing a method of managing this house was not implemented, this decision is made for them by the local government body by holding an open competition to select a management organization.

In addition, you must remember that the management of the house by the management organization is carried out on the basis of a management agreement concluded in writing and signed by the parties.

Check which management company you have an agreement with.

Alexander [02.02 18:38] Dear Konstantin Georgievich, besides the Prosecutor General’s Office, who are the supervisory authorities over the activities of management companies in the Russian Federation and, in particular, in the Moscow region?

Management organizations can also be inspected by the departments of Rospotrebnadzor, the Ministry of Emergency Situations, state authorities of a constituent entity of the Russian Federation and local governments (in the Moscow region - the Ministry of Housing and Communal Services (127006, Moscow, Sadovaya-Triumfalnaya St., 10/1, tel. : (495) 694-51-66, fax (495) 650-33-593).

Alexander [02.02 13:45] Hello. The administration of St. Petersburg, for political reasons, prefers not to implement Russian Government Decree No. 307. What do you advise management companies to do in such cases?

Taking into account the shortcomings of Resolution 307, the Ministry of Regional Development of Russia is currently developing new rules for the provision of utility services, but to date this document has not been approved and is at the approval stage. It is possible that new rules will be adopted in the near future, you should be prepared for this, but currently the provisions of the Russian Government Decree No. 307 of May 23, 2006 are in effect, and they must be implemented locally.

Evgenia K., Moscow [01/31 18:19] Hello. I bought an apartment in a building that was said to be “demolished.” It turned out that this was not the case. But the condition of the entrance is appalling. On the ground floor of the house, apartments are given over to housing for police officers and janitors, who especially damage the entrance. The entrance looks like a complete shelter, almost a ruin, and the house is located on the Third Ring in the Maryina Roshcha area. Who do you recommend contacting with this problem?

First of all, you must understand which organization manages your home and whether it fulfills its obligations to manage and maintain and repair the common property in the house. For an assessment of the condition of the house, you can contact the Moscow State Housing Inspectorate.

Dmitry (Khimki, Novogorsk microdistrict) [01.02 13:29] Good afternoon! I ask you to clarify the following situation: I live in an apartment building built in 1964. The apartment is my property. The house as a whole has never undergone a major overhaul. Only the roof and hot water pipes were changed. However, neither the sewerage nor the heating system was changed or repaired, although this is provided for by the standards. Balconies are also destroyed by precipitation. Question: Which organization (which person) and from which sources should carry out the necessary work? How can this be done using the funds of the Foundation you head?

Slava [02.02 20:44] When will major repairs be carried out on houses that are over 50 years old (5-storey buildings, but block buildings)?

Repair and proper maintenance of the common property of the owners is ensured by the management organization, with which a management agreement for your house has been concluded and which must indicate all types of work performed by the management organization at the expense of the monthly payment of the owners and tenants of the premises in the house for routine repairs and maintenance of the common property.

As far as I know, the city of Khimki does not participate in the Foundation’s program. At the same time, these types of work are included in the list of works that are carried out at the expense of the Fund. Your home may be included in the municipal targeted program. To do this, you must make an appropriate decision at the general meeting of owners and send it to the municipality. The implementation of this decision depends on the effectiveness of the actions of local governments and on the initiative of residents.

Inna Alvinskaya [01.02 09:24] We have a common house heat meter installed in our house. Representatives of the management company explained that, despite the presence of a meter, residents of the house must pay for heat within two years in the usual manner, after which a recalculation will be made. While when installing other metering devices, payment is made from the moment they are sealed. What payment system applies to a common house heat meter? Is heat paid for in the summer when the heating is turned off?

Sergey [02.02 16:58] Hello, Konstantin Georgievich! In our house, an HOA was created in 2009 without a current account and a maintenance agreement was concluded with DEZ. In the basement of the house there are two heat meters installed for DHW and central heating. We pay for heat the old way per square meter. What regulatory document establishes the rules for settlements with management organizations in the case of installing heat meters? How often should meter readings be taken, who should do this, and at what tariffs should they be charged for heat?

Everything is quite simple. Payment from the moment of installation of the metering device, its sealing and the conclusion of the corresponding agreement with the resource supply organization (RSO) must be made according to the readings of the metering device. If RSO refuses to make calculations based on meter readings, the management company should file a lawsuit to force RSO to make appropriate changes to the agreement. If the management company fails to act, residents are advised to contact the state housing inspectorate in order to protect their rights. This procedure for legal relations is regulated by the rules for the provision of utility services to citizens, approved by Decree of the Government of the Russian Federation No. 307 of May 23, 2006.

Payment for heating in the summer is made if the calculation is carried out in accordance with established standards, and not according to meter readings.

Alexandra Melnik [02.02 14:08] Good afternoon, Konstantin Georgievich, I have the following question: are you aware of poor-quality capital repairs within the framework of Law 185? Who should control the quality of repairs and how? What should residents do when the repairs in their house are not of high quality, but they are told: that’s it, the money is spent, we can’t change anything? How successfully, in your opinion, are funds being deployed in the Altai Territory? Thank you.

It is worth noting here that, first of all, the owners of premises in the house have the right to independently choose a contractor and control the process of carrying out major repairs of their home. Payment for major repairs is made on the basis of work acceptance certificates agreed with the local government and signed by persons authorized to act on behalf of homeowners.

Secondly, it is necessary to record all the shortcomings of the major repairs at a general meeting of residents. Then send a copy of the protocol to the management company (or contractor, if the house is managed by an HOA) and demand that the identified deficiencies be corrected.

If you refuse to eliminate the deficiencies, you can file a complaint with Technical Supervision, the Housing Inspectorate and the Housing and Communal Services Fund, or file a lawsuit.

How quickly the shortcomings will be eliminated largely depends on the residents themselves, who act as the customer of the work.

As for poor-quality repairs under the Foundation’s programs, we are aware of such facts. The Foundation, in accordance with its powers, conducts on-site inspections in the constituent entities of the Russian Federation participating in the Foundation’s programs, including in the Altai Territory. The Foundation also operates a “hotline” that residents can call on, among other things, regarding quality issues. We unconditionally respond to all complaints received.

The Altai Territory is quite successful in implementing the Fund's programs. Moreover, at the end of 2010, an energy-efficient house was one of the first to be put into operation in Barnaul, into which residents moved from dilapidated housing.

Online interview with Konstantin Tsitsin. Part 2