How to terminate the contract with the management company and create an HOA? Subtleties of transition to a homeowners' association from uk Transition to a homeowners' association

Russian legislation requires that apartment buildings (more than 16 apartments) be under someone else's management. Only licensed organizations - management companies - can manage houses. Nobody monitors the companies, their activities are independent and uncontrollable, so residents, wanting the rent to be paid not only as intended, but also to be transparent, are looking for other methods of management. Apartment owners can also manage the house themselves if they are united in a partnership or cooperative.

Management of apartment buildings

After the reorganization of state operational sites, the fate of apartment buildings fell on the residents themselves - they must either choose a manager or take care of management themselves.

Home management is:

• activities for the preservation and maintenance of the house (major and current repairs of the house, preventive maintenance);
• provision of communal benefits to residents (conclusion of contracts for the supply of electricity, water, gas, contracts for sewerage, waste removal, maintenance of intercoms and others).

If the house is managed by a private company, the residents may not know how much the utilities actually cost, or whether the rent is transferred as a target payment, because there is no control over the financial activities of the management companies and our payments are not taken into account by the budget and are not checked by cash settlement centers.

Unscrupulous management companies often take advantage of this. In order for the money contributed by residents to become controllable, the management of the building must belong to the apartment owners themselves, for which it is necessary to create an HOA. What is an HOA? Its pros and cons in apartment building which?

What is a HOA

This is a non-profit association of apartment owners apartment building or several neighboring houses with common utility networks. The concept of an HOA and how to organize it is regulated by the sixth section of the Housing Code.

To create an HOA, it is necessary to hold a general meeting of apartment owners, at which the issue of creating a partnership will be decided. It is necessary that at least half of the owners vote for the creation of a partnership! The decision of the meeting will become the basis for registration of the HOA.

From the moment of state registration, the partnership becomes a legal entity that has a Charter, a board under the leadership of the chairman, and an audit commission.

Despite the fact that the head of the partnership is the elected chairman of the board, all important issues are resolved by the general meeting. That is, the apartment owners themselves manage the house.

Creating an HOA - pros and cons

The main advantage of having a home managed by an HOA rather than a management company is significant money savings. Due to the fact that utilities are delivered directly to the house, bypassing intermediaries, and all repair work is controlled by residents, savings (in the long term) can reach more than fifty percent! Such data is provided by Rosstat.

The benefits of self-management also include:

• the board of the HOA controls the maintenance of the house (negligence and corruption are excluded);
• all important issues are resolved by the general meeting (for example, who, when and how much will repair the roof);
• financial activities are transparent (expenses can be controlled by any member of the HOA);
• You can make a profit from the common property of the house (for example, by renting out attics, basements, walls for advertising).

If you are, and your house is part of an HOA, then notify the manager and call a locksmith. You'll figure it out in your team.

Along with the advantages, the following disadvantages can be identified:

• The HOA, as a legal entity, is responsible for its debts independently (if one owner is in arrears on rent, his debt will have to be repaid to contractors by the remaining residents. But then you can submit a recourse claim against the unscrupulous tenant);
• a dispute may arise between members of the HOA about the amount of fees for maintaining the house or repairs;
• The HOA charter almost always allows absentee voting, which can be taken advantage of by unscrupulous board members.

To more clearly show all the pros and cons of HOAs, a comparison table is for you.

According to the Housing Code, the maintenance of an apartment building is the responsibility of the residents themselves. This is logical, because it is better to entrust the maintenance of the house to the owners of the apartments, rather than entrust this responsibility to the state. However, managing an object such as an apartment building is difficult, and therefore the government proposed developing two mechanisms for managing the building: a homeowners' association (HOA) and a management company (MC). Residents themselves choose which mechanism to entrust their home to. In this article we will look at which is better, an HOA or a management company.

The legislative framework

An HOA is a partnership of homeowners and its work is regulated by two codes of the Russian Federation: Housing and Civil. According to the Civil Code of the Russian Federation, an HOA is an association of apartment owners in an apartment building (MKD) for the management of common property. In the RF Housing Code there is a whole section dedicated to HOAs, but if you decide to study the work of HOAs in more detail, we advise you to start with Art. 135. The Civil Code of the Russian Federation allocates only one to a partnership, in which it notes that the HOA is a non-profit organization. According to the Housing Code of the Russian Federation, a partnership is created for an indefinite period.

Important! An HOA must have a charter.

Management company is a broad concept. The management company manages any assets on a trust basis. In the case of an apartment building, homeowners entrust management of the common property of the building to the management company.

If the activities of HOAs are regulated by codes, then the activities of management companies are regulated by acts and resolutions. The most important of them are the documents: “On the provision utilities" and "On approval of the rules for establishing and determining standards for the consumption of utility services."

Note that in 2015, important changes were made regarding the activities of management companies: now in order to become a management company it is mandatory.

Provision of utilities

Let's look at what services each company should provide. Both the HOA and the management company are assigned two main responsibilities: to carry out repairs and to resolve organizational issues. The responsibilities are almost the same, however, the principles of their execution are different. The HOA may not coordinate its actions with the residents of the apartment building, while the management company is obliged to coordinate every step, including the repair of the apartment building.

Let's look at the principles of performing duties in more detail.

1. Costs and period of work. The management company carries out work according to a schedule agreed with the residents, and most of the work falls on the shoulders of contractors. With a partnership, the opposite is true: work is carried out as problems arise, the schedule is not agreed upon. However, HOA expenses are more transparent and understandable to residents of apartment buildings.
2. Contractors. Contractors charge less from the management company than from the HOA, because... the latter attract contractors for one-time work, while the management company cooperates with them on an ongoing basis. Residents cannot dictate to the management company which contractors to choose and they have to put up with the choice of the management company itself.
3. Dealing with debts. A management company has much more capital than a partnership. This is due to the fact that the management company takes several houses under its wing, while the HOA has the right to manage only one house. If there are persistent defaulters in the house, then the management company can transfer its funds to contractors in order to prevent the suspension of services. In the case of an HOA, everything is much more complicated: the homeowners’ association usually “distributes” the debt to bona fide payers, and the continuation of services by contractors is called into question.
4. Economy. In an HOA, you pay only for those services that were actually provided to you, while the management company sets fees independently and includes in payments all possible, but optional, expenses.
5. Competence. HOA activists are mostly incompetent people who may have problems making decisions and running affairs. The management company employs specialists with many years of experience.

Attention! When choosing between a management company and an HOA, you must first of all focus on the high cost of services: if residents can afford to spend a large amount, then the choice should fall on the management company, but if you want to save money, then on the HOA.

First of all, let us note one important circumstance. The decision to abandon the Criminal Code is made at a general meeting of homeowners. Usually, each home owner enters into a contract with the management company chosen by the general meeting. Its validity period is limited to three years, but in practice, most often the contract is concluded for only a year.

Advice! The first and easiest way to cancel the servicing management company at the moment is to simply wait until the contract expires. And then, at a general meeting, choose a new management company.

After the end of the contract

Step-by-step instructions on how to generally abandon a management company consists of the following steps:

If the contract has simply expired, the owners do not need to justify their decision to renounce the management company or bother collecting evidence for termination. We simply refuse the services of this company and that’s it.

Of course, it’s easier to wait until the deadline expires, but it also happens that current circumstances force you to take emergency measures and cancel the services of the management company ahead of schedule. For example, she ignores the legitimate demands of residents and evades fulfilling her direct responsibilities. Read about all the responsibilities and services of the management company.

In this case, you have to terminate early contractual relationship with an unscrupulous partner.

By early termination of the contract

Before unilaterally terminating the contract with the management company, the owners of apartment buildings need to prepare:

1. have compelling reasons supported by convincing documentary evidence;
2. prepare the required package of papers;
3. notify the owners of the meeting;
4. hold a general meeting of owners;
5. notify the management company of the decision.

Let us first consider the grounds for leaving the Criminal Code, then we will touch upon the evidence that will be needed for it and find out what documents will be needed.

Grounds

Refusal of the services of the management company must be justified. The following actions on the part of the management company may be recognized as grounds for early termination of the contract:

• did not perform house maintenance work;
• did not provide residents with the services specified in the contract;
• the quality of services provided and work performed was low;
• did not provide citizens with the information they were interested in.

If at least one of these conditions is present, then you can legally demand termination of relations with the management company.

Note! The expiration of the contract is an absolutely legal reason for terminating relations with the management company. If it is not extended, then the cooperation ends completely and finally.

In all other cases, according to Article 162 of the RF Housing Code, the existence of grounds will have to be proven, most often in court.

Documentation

For early unilateral termination of the agreement between the owners and the management company, it is necessary to prepare the following documents:

1. Minutes of the general meeting at which the decision was made to abandon the Criminal Code.
2. Copies of applications to supervising organizations - consumer supervision, prosecutor's office, sanitary and epidemiological station.
3. Copies of complaints from owners about violations by the management company.
4. Copies of inspection reports on the activities of the management company.
5. Written notification to the management company of termination of the contract with it.

Notification

In the process of terminating a contract with a management company, two types of notifications are used. First the notification is intended to notify owners and management companies about the holding of a general meeting of homeowners, at which the issue of refusing the services of the management company will be raised.

If there are non-privatized apartments in the apartment building, a representative of the city administration must be invited to the meeting.

After all, in this case, the owner of the property is the municipality.

The notice specifies the agenda— the question of choosing a new management company or another method of management.

Further, the notification should contain contact numbers where you can get information about the issues brought up for discussion, and indicate the initiative group, that is, those people who convene the general meeting. Naturally, the place, date and time of the meeting.

The management company itself must be notified of the decision made at the meeting by the owners. The notification must be based on current legislation - Article 162 of the Housing Code of the Russian Federation, paragraphs. 8.1 and 8.2 of Article 450 of the Civil Code of the Russian Federation.

Reference! The notification must indicate the grounds for the decision: court order, decision of the general meeting, etc.

Proof

It's important to remember that legislation, homeowners are given the opportunity to early terminate relations with the management company. But such a decision must be supported by irrefutable evidence. For example, these include the following cases:

Important! All violations by the management company must be remembered and, if possible, documented. Before convening a general meeting, it is necessary not only to request from the management company documentation related to the performance of work under the current contract, but also to prepare evidence that the clauses of this contract have been repeatedly violated.

The following may serve as evidence of violations by the Criminal Code:

• copies of requests and complaints from residents;
• acts of inspection of the work of the management company by supervising organizations;
• acts recording the improper fulfillment of duties by the management company.

Preparing and holding a meeting of owners

To properly prepare a meeting regarding the waiver of the Criminal Code, it is necessary to take the following actions:

Important! It must be taken into account that before preparation begins, careful work is carried out with the owners. It is advisable to convince most of them of the need or choose a different way of managing the house. Only after this can practical steps be taken.

Once the meeting has been decided, it is necessary to prepare notifications to all owners and management companies about the place and time of the meeting. Notifications are delivered in person against signature or sent by registered mail with notification to the recipient's address.

The meeting must be held no later than 3 months before the contract expires. If you notify the management committee or go to court later, the demands and the decision of the meeting will be rejected.

Then a general meeting is held. If it is not possible to conduct it in person, then an absentee form is allowed.

What to do after making a decision to refuse?

After the meeting makes a decision, a notice is sent to the management company with a copy of the meeting's decision. The management company must prepare and transfer all materials for the house the management company chosen by the meeting or that organizational structure on house management, which will be accepted by the owners.

It is possible that after the meeting you will have to go to court. Then you need to prepare a statement of claim and a package of documents, which will serve as evidence in court.

The form of governance is chosen by the general meeting. But, if there is no HOA in the house, then each owner enters into a service agreement with the management company independently, on his own behalf.

After the decision of the meeting, Each home owner must terminate the contract with the management company. He sends a written notification that, based on the decision of the general meeting, the contract with the management company is terminated unilaterally.

Is it possible to refuse the management of one apartment?

Before answering the question of how to refuse a management company for one apartment, you need to find out whether this is possible.

Attention! It is impossible for one owner to refuse the services of the management company, since only the general meeting is vested with the right to choose the form of management of the house, and only this meeting can decide to refuse the services of the management company.

If one owner is dissatisfied with the services provided, he must discuss this with the other residents and come to a decision to abandon the management of the entire house and only through a general meeting.

Conclusion

In addition, there are many pitfalls in the current legislation that can negate all efforts.

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In order to create a partnership, you must do the following:

When the residents have decided how to leave the management company, only after that the HOA can begin its work.

What to look for?

It is important to choose an experienced accountant and find staff. An alternative option for finding specialists would be to enter into an agreement to perform work with third-party companies. The Partnership has the right to cooperate with them. The contractor is selected based on the quality of the services provided.

How to switch from a homeowners association to a management company?

If homeowners don't like the way the association is managing their home, they can choose a management company.

What do you need to have when transitioning?

The consent of residents to transfer to the management company, recorded in the minutes of the general meeting.

How to replace - procedure?

The procedure is as follows:

1. First you need to hold a general meeting, there must be a quorum. An important point is that it should be led by the chairman of the partnership.
2. It is important to choose a new management organization. This issue must also be resolved at the general meeting.
3. At the end of the event, a protocol must be drawn up.
4. The management company must be notified of the decision made by the meeting.
5. The management company must transmit information to the city administration that they are accepting the house.
6. Homeowners enter into a new contract. He signs with the management company.

The partnership has 30 days to transfer all documents to the management company.

Transition from HOA to HOA

There is another option. It consists of joining an existing non-profit organization.

It is necessary to choose the right partnership. To do this, you need to evaluate its performance results and the level of services provided. You should join only if it will improve the quality of service.

Change procedure

Even if you choose an association, you will still have to create an owners association in your home.

The procedure consists of the following steps:

1. creation of a partnership.
2. Holding a general meeting, which must be attended by homeowners from two houses. Residents of another building have the right to refuse reorganization and merger.
3. Formalization of the merger. This can be done by merging the two legal entities, or the merger of one HOA with another has been recorded.
4. Creation of a new Charter, estimate documentation and work plan.

The newly created partnership must be registered; to do this, you need to submit an application and constituent documents to the Federal Tax Service.

The package of papers must include the decision on reorganization adopted at the meeting, as well as the transfer deed.

In some cases, a merger agreement must be submitted to the Federal Tax Service. You must also attach a receipt for payment of the state fee.

In the event that reorganization is not expected, and the quality of services provided by the partnership does not satisfy the residents of the house, the chairman can be changed.

Deadlines and fees

The created partnership must be registered with the Federal Tax Service. To do this, you must submit documents and a receipt confirming payment of the fee. Amount 4000 rub.

If the association is registered in Moscow, then the receipt must indicate the details tax office № 46.

It is she who is responsible for registering all legal entities, regardless of what area of ​​the city they are located in.

In the regions, for registration you need to contact the inspectorate, which is located at the location of the HOA.

The procedure takes 7 days.

Conclusion

If a home is managed by an HOA, but the property owners are not satisfied with the level of service, they can change the association to a management organization. In some cases, one partnership may join another if the procedure improves the quality of services provided to residents.

All these points must be documented. Information regarding replacement must be provided to the authorities.

SpbHomes.ru figured out the issue.

Procedure and documents

The conclusion of a contract for the management of a house in new buildings by a management company occurs immediately after the house is put into operation. The standard agreement period varies from 1 year to 5 years.

There are several ways to manage an apartment building:

• Creation of a homeowners' association (HOA);
• Creation of a housing cooperative (LC);
• Selection of a management company by a majority vote of owners;
• Management of the building by the residents themselves, if there are no more than 30 apartments.

When choosing a form of management for an HOA or residential complex, it is their representatives who carry out the necessary work in the house or hire a third-party management organization and monitor the quality of its services.

In this material we are only interested in the 3rd point - the management company. Is it possible to change the property management company? Of course.

In order to change the management company in an apartment building to another, you must be guided by the provisions of the Housing Code of the Russian Federation.

• You can terminate the contract with the management company after the expiration of the concluded contract;
• Early termination is possible if there are proven facts of obvious violations on the part of the management company;
• Early termination is possible if the majority of owners voted for the change at the general meeting;
• If the management company has been deprived of its license;
• By mutual agreement of the parties to the contract;
• When changing the control method.

Most often, the main reasons for dissatisfaction are poor performance of the management company (lack of repairs, cleaning work) or high, unreasonable tariffs.

A case involving the developer “CDS” became widely known: after the delivery of the house of the residential complex “Novoe Murino”, an agreement was concluded with the management company “ZhES-4”, which formally has no relation to the developer, but the founder of the management company and co-owner of the “CDS” are one face.

Residents complained about high fees for housing and communal services and the poor quality of repair work. After an accident in an elevator that happened to one of the owners, a loud scandal broke out, but the management company still managed to change.

What should owners do in this case?

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1. Hold a general meeting. An absolute majority (more than 50%) has the right to vote on behalf of all owners;
2. Draw up and sign the minutes of the meeting in accordance with the requirements of the Ministry of Construction;
3. Send a copy of the protocol to the management company;
4. Select a new management company;
5. Conclude an agreement with the new management company.

How to change the management company in an apartment building?

The housing legislation of the Russian Federation provides for 3 forms of management of apartment buildings: management of management companies, HOAs and housing cooperatives. The difference is that HOAs and housing cooperatives are associations of homeowners, and the management company is a third-party organization to which the owners have delegated management.

Regardless of the form of management, sometimes residents need to make changes to the management of the house. Changing an HOA or housing cooperative to any management company, in general, is not particularly difficult.

The procedure is not much different from the one described above:

• It is necessary to hold a general meeting;
• The initiative group must collect signatures from residents (a change is possible if there are votes “for” the change in the form of management - more than 50%);
• Record the progress of the meeting in accordance with applicable regulations;
• Notify the HOA or housing cooperative (if necessary);
• Homeowners' associations and housing cooperatives are legal entities, so they can carry out their activities until they are liquidated;
• Sign an agreement for the provision of services with the new management company.

Recently, the practice of managing houses by affiliated (subsidiary, attached) management companies from the developer has become widespread. This is due to the fact that often construction company it is easier to maintain communications and the general technical condition of the building than to a third party: the developer is aware of every specific feature of a particular object. In addition, this is both additional income and a further opportunity to correct deficiencies or errors during construction. Another reason for carrying out management through a management company from the developer is the restriction on the independent choice of a management company or the creation of an HOA until more than 50% of the apartments in the building have been sold.

The YIT company carries out further full management of its facilities through the management company "YIT Service". These are, for example, the Novoorlovsky residential complex in the Primorsky district and the Fjord residential complex in the Vasileostrovsky district.

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LenSpetsSMU (CJSC Service-Real Estate), Leader Group (MC Leader) and DOCKLANDS development (MC Docklands) also have their own management companies. The conclusion of the contract occurs almost “by default”, so various delays associated with bringing the house into compliance with the standards before transferring it to a third-party management company are excluded.

Developers also have partnerships with a number of management companies. For example, L1 has a permanent partner, Continent Management Company, which has no legal relationship with the developer company itself. At CDS, as representatives of the developer told SpbHomes.ru, they have moved away from this practice, so they are holding a competition for each object among the management companies of the development area. The developer GlavStroyComplex has a similar practice.

Residents of new buildings will probably be able to appreciate the work of the management company only a couple of years after the house has completely settled down.

How to change the management company or HOA in a house, choosing a new management company

If the owners of apartments in an apartment building are not satisfied with the management organization, then they can change it. However, can they change not one management company to another, but, for example, create their own HOA? Or vice versa, switch from a management company to an HOA? How to change the management company in an apartment building and many other issues will be discussed in this article.

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Is it possible to change the management company to another?

Owners have the right to choose the method of governance: for example, they can organize a homeowners’ association, or they can put the board in the hands of a management organization.

Since 2015, the rules of business for management companies have become much stricter: for example, they are required to undergo licensing. However, their work does not always bring satisfaction to apartment owners, especially since they pay decent money for house maintenance. This is why the question of how to change the management company in an apartment building is so urgent.

Is it possible to change the management company to the HOA and vice versa?

If you're wondering about the short answer, it's positive: you can!

The most common reasons why owners decide to change the management company to an HOA are inadequate performance of services, as well as inflated tariffs. Inflated tariffs are a reason that can be explained. UK is commercial organizations and that means they cannot work without making a profit. Inadequate provision of services is quite difficult to prove, however, everything is feasible if the owners are familiar with the standards that the management company must adhere to.

Some management organizations do not fulfill all of their obligations specified in the agreement with the owners, and then to the owners residential premises the question also arises of whether it is possible to change the management company, and if so, then it is better to change it to another similar one or create a homeowners’ association. It is possible, and sometimes even simply necessary, to create a partnership after working with a management company.

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In order to change the management company to an HOA, you need to decide to create a homeowners' association, and also be patient, because in practice, most management companies are in no hurry to hand over the reins to homeowners' associations.

It is also possible to change the HOA to the UK.

Change of HOA

The question of how to change the HOA to another partnership does not make much sense. In a home that has entrusted the reins to an HOA, there is usually only one homeowners association and it will not be possible to switch to another. However, you can re-elect the chairman of the homeowners association if you are not satisfied with the work of the previous one.

To change chairman of the HOA According to all the rules, it is necessary to send notice of the meeting to each owner by registered mail. You can simply notify everyone in the house about the upcoming meeting. For its legitimacy, at least 50% of the HOA members and also at least 50% of the homeowners must be present at the meeting.

During the meeting, an election process should take place in the form of open or closed voting, according to the results of which a new chairman will be selected. A mandatory element of any HOA meeting is the protocol. After appointing a new chairman, it is necessary to send notifications to the Federal Tax Service and other authorities about the change of chairman. The INFS must also make an adjustment to the Unified State Register of Legal Entities of the partnership regarding its director.

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Also at the meeting a decision may be made to transfer the maintenance of the house to a management company.

You may also find it useful to familiarize yourself with this diagram:

The legislative framework

Changing the management company in an apartment building is a question that every second homeowner has asked. However, changing the management company can actually be much more difficult and therefore homeowners must understand legislative framework of this action. The main regulatory act that acts as a regulator of the activities of management companies is the Housing Code of the Russian Federation. According to the current housing code, you can find out the responsibilities of the management company, as well as the reasons why owners can change the management company.

Grounds

Owners of apartments in an apartment building can change the management company for the following reasons:

• at the request of the majority of the owners, expressed during the general meeting (in this case it is appropriate to talk about the management company’s failure to fulfill its obligations or the management company’s overestimation of service tariffs);
• lack of a license from the management company;
• if the management company does not fulfill its obligations or performance, but improperly.

Even one reason will be more than enough for the owners to move to another management company or completely change the type of board.

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Procedure for changing the management company in an apartment building

The procedure for changing one management company to another involves going through several stages. Let's look at them:

1. The apartment owners decide that it is time to change the management company.
2. Selecting a new management company.
3. Transfer of minutes of the meeting of the old and new management companies.

In addition to these steps, intermediate stages are also implied, namely holding meetings of owners of apartments in a residential building. Several intermediate meetings may be held, as well as one main meeting, during which a decision will be made to refuse the services of the previous company, and also based on the results of which a decision will be made to select a new organization.

Notification

In order for the main meeting to be considered legal, notice of the change in management company must be sent to each home owner by registered mail no earlier than 10 days before the expected date of the meeting.

If you do not notify at least one apartment owner, then both the meeting itself and its results may be considered illegal. Also, in order for the results of the meeting to be legal, at least half of the total number of homeowners must be present.

Procedure for transferring documents

The selected authorized person, or the elected management company or the chairman of the HOA must contact the old management company with an application for the transfer of documentation. The application should be accompanied by a passport, a protocol on the change of the management company, as well as a certificate of registration (if a representative from the HOA or a new management company applies to the old management company).

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If the meeting at which it was decided to choose a management company was absentee, then, among other things, the application must be accompanied by a register of owners of premises in a non-residential building, a document confirming their notification of the upcoming meeting, as well as documents confirming the voting and recruitment of a sufficient number of votes.

According to the current legislation (2017), the old management company can continue to perform its functions for no more than two months after the owners make a decision to change it.

The old management company is obliged to check the documents from the representative of the new management company or HOA within 2 days from the date of their receipt. If the old Criminal Code finds errors in them, then it is obliged to notify the sender about them.

If everything is in order with the documents, then the old management company begins the process of transferring the documents to the new management company or HOA. Documents must be transferred to the new management company or HOA within a month before the new board becomes responsible for managing the apartment building.

Don't understand everything yet? Watch the video, it also explains everything properly:

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The procedure for changing the HOA to the UK

In order to change the partnership to a management company, it is necessary, as in the case of changing the management company, to organize a meeting of owners, during which it is necessary to consider the issue of liquidation of the partnership, and also to decide on the management company. The algorithm of actions is similar to that already described above.

1. The first thing to do is notify all owners about the meeting. When a quorum is reached, the meeting can begin.
2. Based on its results, a protocol should be drawn up, which subsequently plays an important role in the transfer of documents from the homeowners association to the management company.
3. The first also has two months to complete all matters and transfer them to the new management organization.

As you can see, moving from an HOA to a management company is not difficult.

A special issue is the refusal of the previous management company to transfer documents to the new management company. In this case, you can contact statement of claim to court.

Selecting a new management company

The selection of a new management company consists of several stages. Consider each of them:

1. Preparatory activities. So, it is necessary, even before the meeting, to know approximately which management organization you should choose and which one you want to replace the existing one with. Preparatory activities also include sending out notices about the upcoming meeting and its agenda.
2. Holding a meeting. In order for a meeting to be considered legal, at least 50% of the total number of owners must be present. The output material is the protocol. The decision is made simply by a majority vote.
3. After the meeting, it is necessary to make copies of the minutes and send them to both the old and new management companies.
4. Conclusion of an agreement with a new management company.
5. Transfer of documents from the old management company to the new one.
6. Concluding a new management company of contracts with resource supplying enterprises.

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Explanations

How to change management company? Step-by-step guide with sample documents

Is the management company doing a bad job? Or have you begun to suspect that your money is going to the wrong place? Or did they simply decide to bankrupt your management company?

There is only one answer - the management company needs to be changed!

Step 1. Select an alternative management company.

Look at all kinds of ratings of management companies (here is our old rating, and here is the rating of the Krasnoyarsk city administration, or here is the rating of the Housing and Communal Services Reform website). Go and see the yards. Talk to the residents of the buildings served by the management candidates.

If you live in the city of Krasnoyarsk, then it would be a good idea to look at the list of violations found in the houses of the management candidate by the Construction Supervision and Housing Control Service.

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Be sure to discuss the issue of changing the management company with your neighbors. Go to the management of the management company you have chosen and discuss all the issues that interest you. Moreover, it is necessary to go with the largest possible group of skeptical citizens.

Step 2. Choose a method for changing the management company.

The Housing Code does not give us the right to simply change the management company. There are a number of restrictions, and knowing them you can make a choice in which way you will change the management company.

The main ways to change the management company:

Free legal advice:

However, there is some remark: in the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 22, 2011. No. 7677/11, this paragraph of the Housing Code is interpreted so that the owners can change the management company if they made a decision about this at a meeting, even if there were no significant violations of the management agreement on the part of the management company.

By the way, this method has one important advantage - if the new management company does not live up to expectations, then it can be replaced by holding just one meeting of the HOA board, if this is provided for by the charter of the partnership.

Step 3. We hold a meeting of owners to change the management company in person or in absentia.

Before holding a meeting, we carefully study the management agreement with the old management company. This will avoid many mistakes.

Free legal advice:

1) Prepare the meeting agenda.

The meeting agenda should include questions about:

a) holding a meeting in the form of absentee voting,

b) termination of the management agreement concluded with the old management organization,

c) choosing a method of management and approval of a new management organization,

Free legal advice:

d) approval of the terms of the management agreement between the owners and the new management organization, as well as approval of the amount of payment for the maintenance and current repairs of common property,

e) the timing of the transfer of technical documentation (no later than 30 days before the termination of the management agreement with the old management company, the recommended period is one day from the date of the meeting) and accumulated funds from the old management organization to the new one (after termination of the management agreement),

If the old management company has lost the technical documentation or part of it, it is obliged to restore it within three months at its own expense (clause 21 of Rules No. 416).

f) questions about the procedure for notifying owners about the results of the meeting and the place of storage of the original minutes of the meeting.

2) We notify all owners of premises in the house about the meeting at least 10 days in advance.

Free legal advice:

According to the Housing Code, notification must be made by registered mail or in person against signature. However, if earlier at the meeting of owners you decided on another appropriate method of notification, for example by posting notices at the entrances to the entrances, then you can use this method.

If you do not remember making such a decision, look at the current management agreement and the minutes of previous meetings of owners. Many contracts contain such a clause.

Don’t forget to keep a register of notifications (sample register).

In the register, if we delivered the notice to the owner personally, then he signs for receipt of the notice himself. If we sent the notification by registered mail, we make a record of this indicating the postal item number. If we have placed (hung up) a notice in a designated place, then we make a record of this, and the person who posted the notice, as well as one or two witnesses, leave their signatures.

In addition, since April 2016, a complete register of owners of premises in the apartment building has become a mandatory appendix to the minutes of the meeting (clause a clause 19 at the link).

Free legal advice:

It is not necessary, but it is highly advisable to keep a register of issuing forms to owners.

4) We conduct the correspondence part of the meeting in person and in absentia. We go around to the owners who were not present at the meeting in person.

The owner's resolution form is still used.

5) We draw up minutes of the meeting.

Free legal advice:

Actually, everything is clear from the sample minutes of the meeting.

6) We notify the owners of the results of the meeting.

A notice of the results of the general meeting of owners is posted no later than ten days after the end of the meeting in a place determined by the decision of the general meeting of owners of premises in a given building and accessible to all owners of premises.

In addition, do not forget that from now on we are obliged to send a copy of the minutes of the meeting to the managing organization in force at the time of the meeting within the same ten days.

Step 4. We notify the old management organization that we have replaced it.

Free legal advice:

Step 5. We conclude a management agreement with the new management organization.

After the meeting has been held, minutes of the meeting have been drawn up and a management agreement has been signed, the new management organization will have to apply to the state housing supervision authority to make changes to the license of this management organization.

If all documents are in order, then changes to the license are made within 10 working days from the date of receipt of the application (clause 4 of the Procedure approved by order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated December 25, 2015 No. 938/pr).

Free legal advice:

Step 6. From what moment should I pay into the new management company?

You start paying to the new management organization only from the moment when the State Housing Supervision authorities include your house in the license of the new management organization. This information is easy to check, since the State Housing Inspectorate bodies are required to post it on their website on the Internet.

If you have any questions, please leave them in the comments to this material.

Dmitry Ivanov for NKZHKH.RF

Samples of documents were prepared by Serafima Vinogradova, lawyer of the People's Control in Housing and Public Utilities Ministry.

Also read:

You can leave comments on this material on our pages on the social networks VKontakte, Facebook and Odnoklassniki.

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Topic: HOA: change of management company

I am a member of the HOA board.

An agreement for another 5 years has been concluded between our HOA and the management company for the provision of management services, provision of utilities, maintenance and operation of residential apartment buildings.

At the moment, a situation has arisen where we are not satisfied with this management organization for a number of reasons and are considering the issue of concluding a management agreement with another management company

The HOA board, on behalf of the general meeting, decided to terminate the contract with the first company and enter into a contract with the second. However, the first management company refused to transfer documentation for the house and continues to charge utility bills and maintenance payments.

Help, please advise what we should do to change the management company?

Reason: clause 8.2 of Art. 162 of the Housing Code of the Russian Federation

An apartment building can be managed by only one management organization (Part 9 of Article 161 of the Housing Code of the Russian Federation).

How to change the management company if there is a HOA in the apartment building

Is the management company doing a bad job?

Is the management company doing a bad job? Or have you begun to suspect that your money is going to the wrong place? The management company needs to be changed! How to change the management company?

The HOA has the right to enter into a management agreement for the apartment building with the management company. This right is enshrined in clause 1, part 1, art. 137, part 2.2 art. 161 Housing Code of the Russian Federation. Concluding a management agreement for an apartment building with a management company is not a change in the method of managing an apartment building.

If there is a management agreement between the management company and the homeowners' association, residential complex, joint venture, the latter control the work of the management company. Control is exercised over the management company's fulfillment of its obligations under the contract, including: 1) the provision of all services and/or performance of work that ensures the proper maintenance of the common property in the apartment building; 2) the provision of utilities depending on the level of improvement of the apartment building.

Step 1 . To change the management organization, the housing association needs to find out and understand:

• who in the HOA chooses the management company to conclude a management agreement;
• on what grounds does the management company change?
• how to make a decision in an HOA to change the management company;
• how to change a management company that has lost its license to manage apartment buildings,
• look at various ratings of management companies in your region,
• be sure to discuss the issue of changing the management company with your neighbors,
• go to the management of the management company you have chosen and discuss all the issues that interest you,
• go, look at the yards, talk to the residents of the houses that are served by the management candidates.
• It would not be amiss to look at the list of violations found in the houses of the management candidate by the housing inspection.

The Housing Code of the Russian Federation does not give us the right to simply change the management company. There are a number of restrictions, and knowing them you can make a choice in which way you will change the management company. The main ways to change the management company:

1) Selection of a new management organization upon expiration of the management agreement with the old management company.

2) Significant violations of the management agreement by the old management organization, giving apartment owners the right to terminate the management agreement unilaterally (Part 8.2 of Article 162 of the Housing Code of the Russian Federation).

3) Deprivation of the management company’s license to manage your home in accordance with Article 199 of the Housing Code of the Russian Federation.

4) Termination of the contract by agreement of the parties, if the old management company agrees to terminate the contract.

5) Changing the method of managing an apartment complex residential building. For example, at a general meeting of owners you make a decision to create a HOA or TSN, but subsequently the partnership does not manage the multi-apartment residential building on its own, but hires a management company for this in accordance with clause 1 of part 1 of Article 137 of the Housing Code of the Russian Federation.

Note. The Criminal Code may not recognize or challenge the results of the body’s local government a general meeting of owners of premises in an apartment building or a general meeting of members of a housing association. The Housing Code of the Russian Federation does not contain any indication that the management agreement for apartment buildings concluded between the HOA and the management company can be terminated unilaterally.

Step 3. We are holding a meeting. The procedure for changing the management company and terminating the management agreement must be reflected:

The competence of the HOA management bodies and the procedure for making decisions by them is established by the HOA charter. This is determined by Part 3 of Art. 146 Housing Code of the Russian Federation. The charter of the HOA (ZhK, SPK) may indicate that the HOA (ZHK, SPK) has the right to decide on the choice of a new management company. The decision can be made:

• general meeting of members of the HOA, LCD, SPC (by a simple majority of votes or a qualified majority);
• the board of the HOA, LCD, SPC (by a simple majority of votes or a qualified majority);
• Chairman of the HOA, LCD, SPK (individually or in agreement with the board of the HOA, LCD, SPK).

Step 4. We notify the old management organization that we have replaced it.

If the meeting makes a decision to change the method of managing an apartment building, the person authorized by the meeting, within 5 working days, sends to the old management company, as well as to the state housing supervision authorities, municipal housing control authorities, a notice of the decision made at the meeting with a copy attached. this decision.

The specified notice must contain the name of the organization chosen by the owners of premises in an apartment building to manage this building, its address, and in the case of direct management by the owners of premises in such a building - information about one of the owners specified in the decision of the meeting on choosing a method of managing the apartment building (p .18 Rule No. 416).

Step 5. We conclude a management agreement with the new management organization.

According to Part 1 of Article 162 of the Housing Code of the Russian Federation, more than 50% of the owners of premises in an apartment building must sign a management agreement with the new management organization. If the owners do not take this action, then the management agreement is not considered concluded, despite the decision of the general meeting of owners.

Some features.

1. If the management company does not comply with the terms of the management agreement for the apartment building, the housing association may contact the local government body (LGU) to conduct an inspection of the activities of the management company. This is determined by Part 1.1 of Art. 165 Housing Code of the Russian Federation. The local self-government council convenes a general meeting of owners of premises in the apartment building if, based on the results of the inspection, the management’s failure to comply with the terms of the management agreement is confirmed. The general meeting is convened to resolve issues regarding termination of the contract with the management company and the choice

a new MA or a change in the method of managing MKD. The fact that the management agreement is concluded between the HOA and the management company complicates the process of its termination. Based on the results of the inspection, the local self-government body may propose to hold a general meeting of HOA members or a general meeting of owners of premises in an apartment building (this is not directly provided for by the Housing Code of the Russian Federation). Termination of the management contract should occur not only based on the results of the inspection, but also in accordance with the charter of the HOA, LCD, SPC and the terms of the contract

MKD management. The results of an unscheduled inspection conducted by a local government body can serve as evidence of the failure of the administrative authority to fulfill its obligations in court.

2. To carry out activities related to management of apartment buildings, you must have a license. This is established by Part 1 of Art. 192 Housing Code of the Russian Federation.

A change of management company occurs: if information about the MKD is excluded from the register of licenses of a constituent entity of the Russian Federation; the validity of the management company’s license is terminated or it is cancelled. In the management agreement for apartment buildings, the case of deprivation of the management company’s license to manage apartment buildings should be considered separately. You can indicate that in the event of termination of the management license or its cancellation, the HOA reserves the right to terminate the contract unilaterally.

In the management agreement, reflect how mutual settlements will be carried out between the management company, the homeowners association, the resource supplying organization and the owners of premises in the apartment building. Determine in the contract the date before which the management will fulfill its

responsibilities. This may be the date of: termination of the license to manage the apartment building or its cancellation; the emergence of obligations under the agreement for managing the apartment complex for the new management company. The case when a HOA (residential complex, joint-stock company) takes control into its own hands or enters into an agreement on the maintenance and repair of common property in an apartment building is not considered in the Housing Code of the Russian Federation. The housing association decides how it will continue to manage the apartment building in accordance with the provisions of its charter.

Suspension of utilities

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1 Comment

1. Maria S. 3 months ago

Thank you for the article.

Great blog that I enjoyed reading.

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Transition by law: how to transfer from an HOA to a management company? How to choose and organize, tips for replacing a partnership

If the owners of real estate located in an apartment building do not like the way the management organization works, they can change it. You can move to another management company, or organize an HOA.

The options are different, but a special procedure must be initiated. The owners of the premises must take part in it.

How to choose an HOA?

In order to create a partnership, you must do the following:

1. select active people who have housing in the house and form an initiative group. Any resident can initiate the process.

Those people who are ready to take on public responsibilities should be invited to the group.

At the meeting, issues related to the election of officials need to be resolved.

Transition from HOA to HOA

There is another option. It consists of joining an existing non-profit organization.

It is necessary to choose the right partnership. To do this, you need to evaluate its performance results and the level of services provided. You should join only if it will improve the quality of service.

Change procedure

Even if you choose an association, you will still have to create an owners association in your home.

The procedure consists of the following steps:

1. creation of a partnership.
2. Holding a general meeting, which must be attended by homeowners from two houses. Residents of another building have the right to refuse reorganization and merger.
3. Formalization of the merger. This can be done by merging two legal entities, or by recording the merger of one HOA with another.
4. Creation of a new Charter, estimate documentation and work plan.

The package of papers must include the decision on reorganization adopted at the meeting, as well as the transfer deed.

In some cases, a merger agreement must be submitted to the Federal Tax Service. You must also attach a receipt for payment of the state fee.

In the event that reorganization is not expected, and the quality of services provided by the partnership does not satisfy the residents of the house, the chairman can be changed.

Deadlines and fees

The created partnership must be registered with the Federal Tax Service. To do this, you must submit documents and a receipt confirming payment of the fee. Amount 4000 rub.

If the association is registered in Moscow, then the receipt must indicate the details of tax inspectorate No. 46.

It is she who is responsible for registering all legal entities, regardless of what area of ​​the city they are located in.

The procedure takes 7 days.

Conclusion

If a home is managed by an HOA, but the property owners are not satisfied with the level of service, they can change the association to a management organization. In some cases, one partnership may join another if the procedure improves the quality of services provided to residents.

All these points must be documented. Information regarding replacement must be provided to the authorities.

(Saint Petersburg)

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