How to change the management company in an apartment building: all stages of the procedure. How to change the management company is legally correct and painless for both parties

If the owners of apartments in apartment building are unhappy with the management organization, they can change it. There is a special procedure and certain rules regarding how to competently change management company, or go to direct form management of premises owners in an apartment building, or create an HOA for this purpose. In this article we will talk about how to change the management organization correctly.

What does it take to change management company?

There are often cases when apartment owners believe that the management company provides them with low quality or incomplete services. In such a situation, residents apartment building has the right to make a demand for the re-conclusion of the management agreement in order to amend and supplement it. What sections of the document most often need edits? First of all, this is a list of works and services of the management company for maintaining the house, which does not meet the requirements of the State Construction Committee. In addition, it is often necessary to supplement the agreement with information about how the management organization monitors the fulfillment of its obligations, what is included in the common property, and also in what order the amount of fees for the services of the management company changes.

In order to renew the management agreement, you must:

request a management agreement from the management company for review;
compare the contents of the agreement with the norms contained in the Housing Code of the Russian Federation (Part 3 of Article 162);
describe the differences in the protocol and present it to the Criminal Code;
if there is such a need, form a working group with the participation of the management organization to draw up an agreed text of the agreement;
consider the issue of adopting an agreed management agreement at a general meeting of residents;
demand from the management company a copy of the agreed agreement;
provide the agreed text of the agreement to apartment owners for study and signing;
approve the main provisions of the agreement at a general meeting of residents;
if the management company refuses to agree on an agreement with the apartment owners, they may decide to change the management company and begin the appropriate procedure.

Why do owners decide to change the management company in an apartment building?

The responsibilities of the management company must be clearly defined in the agreement that the residents of the apartment building conclude with it. The basis for replacing the management company in most cases is its failure to fulfill its responsibilities or their fulfillment not at the proper level. Apartment owners often make the decision to change the management organization due to the inaccessibility and opaqueness of information about the company’s activities (the law obliges management companies to disclose information about their work to residents).

So, the most common reasons for changing the management company include the following.

Low quality services provided:

non-compliance with thermal conditions during the cold season;
irregular water supply, lack of hot water;
Garbage removal with delays, etc.

Maintenance of common property in poor condition:

repair of breakdowns of common property and equipment in an untimely manner (there are strict time limits for the completion of these works);
absence or poor quality of repairs, area cleaning and other work.

Hiding dataabout your own work.
Late response to complaints from apartment owners, failure to fulfill their obligations.

If there are evidence of inaction by the management company, apartment owners should file complaints. Each case of failure of the management company to fulfill its duties must be documented with the drawing up of acts, which in the future will serve as the basis for changing the management company.

If the management company does not respond to complaints and continues to ignore its direct responsibilities, cooperation with it must be ended. The law provides for the right of owners to change the management company at the end of the contract. It is prohibited to terminate it during the first year of operation of the management company.

Expert opinion

The activities of a good management company should be transparent for apartment owners

Yu.M. Fedorov,

expert of the magazine “Management of Apartment Buildings”

Preventing the occurrence of debt among residents of an apartment building is a more effective tactic than collecting it. The better the management company fulfills its obligations, the higher the volume of collected payments, the more trust the company enjoys among apartment owners. When drawing up a strategy for its work, the management organization must carefully analyze the needs and wishes of the residents of apartment buildings.

Is it possible to change the management company in a new building?

After the house is put into operation, the relevant organization - the management company - begins to service it. In most cases, the developer, out of concern for his own benefit, offers and advertises in every possible way the services of a subsidiary organization. In addition, the company that built the apartment building can involve in cooperation the management company that is involved in servicing houses in the given area.

What are the benefits of hiring a subsidiary management company of the developer?

Utilities are provided immediately after the owners have received the keys to the apartments.
With a high degree of probability, the developer will supervise the work to maintain the house in good technical condition, because this will directly affect its reputation.
The subsidiary management company is competent in resolving any engineering issues.

Cooperation with a subsidiary management company of the developer also has its disadvantages, including the following:

financial flows will pass not only through the management company, but also through the developer;
the management organization will be able to artificially inflate the size utility payments;
Using a “pocket” organization, the management company will be able to ignore residents’ claims;
the company will be able to dispose of the local area as the construction company deems necessary.

When drawing up an agreement with the management company, residents have the right to indicate in it a list of the works and services that they expect to receive from it. However this opportunity is unavailable when working with a subsidiary management organization of the developer.

To prevent any of the above situations from happening, when moving into new buildings, many apartment owners decide to change the management company and give preference to independent organizations. They have the right to do this only after at least 50% of the residents have moved into their apartments. With this indicator, the owners will have the right to form various partnerships, which, at meetings, decide on how to change the management company.

2 ways to change the management company in the house

Method 1. When the contract has expired

The moment when the contract expires is optimal to change the management company.

If neither party has expressed a desire to terminate the agreement, it is renewed automatically. To clarify the validity period of the contract, you must contact the administration authorities or management directly.

Method 2. When the contract is still in force

It is much more difficult to change the management organization if the contract has not yet expired. If the owners of MKD apartments have already decided on the choice of a new management company, it will be the one who will terminate the previous contract. However, if the HOA has not yet been selected, the owners themselves will have to get down to business.

According to Art. 450 of the Civil Code of Russia, it is possible to terminate the contract before its expiration in several ways.

By agreement of the parties.

Applies if the owners of all apartments agree to change the management organization. First, you need to draw up and sign an agreement with the existing company, which reveals the algorithm for transferring to successors all documentation regarding apartment buildings, funds for settlements with service providers, unspent materials, funds for repairs, etc. After the reception has been completed, you need to conclude an agreement with the new management organization.

According to the current agreement.

Some MKD service agreements contain information about the rules for their termination. Typically, if the owners notify the management company a month in advance of their intention to terminate cooperation, the company is automatically released from its obligations.

In accordance with Art. 45 of the Civil Code of the Russian Federation.

This article serves as the basis for termination of the contract in the event of unforeseen developments. If one of the parties does not acknowledge this, the contract can be terminated by going to court.

According to other laws.

The Housing Code of the Russian Federation (Article 161) establishes the right of apartment owners to change the management organization. This can be done by creating an HOA, which will refuse the services of the management company and will manage the apartment building.

However, in this course of events, the algorithm for terminating the contract is not regulated by law. If these rules are not specified in the service agreement, its termination must be carried out at a general meeting in the manner described earlier.

Judicially.

In case of significant violations of the terms of the agreement by the management company, apartment owners have the right to file a lawsuit to terminate the service agreement. Article 450 of the Civil Code reveals concept of significant violations which are:

non-compliance temperature regime in apartments;
the presence of non-working elevators;
irregular water and electricity supply;
worn roof, etc.

The management company violates the terms of the service agreement not only when it fails to act in the presence of violations, but also when it fails to comply with deadlines. Having considered the evidence provided, which consists of complaints and reports from residents to the management organization itself or to regulatory authorities, the court terminates the agreement.

The agreement with the management company is signed by the owners of all apartments, so the decision to go to court must be made by a general meeting of residents. During the discussion, an authorized group is formed, each of whose members receives powers of attorney from the owners of all apartments. The law does not provide for owners to go to court on their own behalf.

For a long time Russian courts did not recognize rights general meetings residents decide to change the management company in the absence of evidence of a significant violation of the terms of the contract. But, relying on the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 22, 2011 No. 7677/11 in case No. A65-11798/2010-SG3-14), the courts have changed their position over the past few years.

Today, management agreements for apartment buildings have a mixed structure, including elements of the agreement paid provision services and contracts with a predominance of the first. This fact means that the unilateral procedure for terminating the agreement at any time can be applied by the owners, not only when the management company does not fulfill its terms. Grounds for termination of the contract may be the choice by residents at a general meeting of another method of managing the house or the decision to change organization.

In other words, having once chosen a certain management system and a method of managing apartment buildings, apartment owners are not deprived of the opportunity to change them, and for this it is not at all necessary to document the facts of violations on the part of managers. By the way, the Criminal Code can also renounce its powers in relation to a particular house unilaterally.

Change the housing and communal services management company and select a new management company

When choosing a new management company, the initiative group of residents should consider the following factors:

availability of a license (Federal Law No. 255 of July 21, 2014 states that a management organization can carry out activities only if it has a state license);
the nature of relations with the administration and work experience;
level of organizational work;
volumes of funds, founders;
how many houses are managed by this organization;
what is the condition of the company’s material resources and documentation;
how open and transparent the organization’s activities are;
does the Criminal Code seek to apply individual approach when working with homeowners;
How quickly the company responds to requests from apartment owners;
qualifications and experience of employees;
ratio of technical workers to managers;
algorithm for working with suppliers utilities, tariff policy.

State registers of constituent entities of the Russian Federation contain information about all management companies that have a license. This information is open, you can find it on the official websites of the Housing Supervision bodies of the state executive power.

If apartment owners are unable to independently choose a management organization, local authorities hold an open competition to determine the company that will manage the apartment building. The law states that the competition must be announced within 3 days after the general meeting, during which the residents announced the decision to change the management company, and held 30 days after its announcement.

Procedure for carrying out the change procedure

Stage 1. Formation of an initiative group

The initiative group of owners, which is organized by the council of the apartment building when the management company is changed, may include members of the board of the HOA or any other owners of apartments in the given apartment building. She has legal access to any documents related to the house, including the cooperation agreement with the management organization.

Stage 2. Collection of necessary documents

An initiative group of owners begins collecting documents in order to justify the need to change the management company. The law obliges managers, at the request of apartment owners in apartment buildings, to provide for review all necessary papers. In case of refusal, owners should request a formal written response.

The management company must provide:

certificates of work performed and services provided (for the last year);
inspection reports utility networks at home (over the last 2 years);
service or management agreement.

In the absence of documents, the Housing Code of the Russian Federation obliges the management organization to draw up the missing acts at its own expense.

After studying the documentation and drawing up a list of claims, the initiative group of owners holds a general meeting of residents. To ensure quorum, notifications of this event sent to addresses no later than 10 days before the date of the event. An initiative group of owners prepares registered notification letters and delivers them to each owner against signature. The meeting is declared invalid if even one owner has not received an official warning.

In addition, to inform each resident, it should be posted announcement containing the following information:

in what form the meeting is held - in person or in absentia (voting);
Full name and passport details of each initiator of this meeting;
time, place, date of the event;
venue, start and end date for receiving ballots - in case of absentee voting;
agenda of the event. The law prohibits changing the list of issues at a general meeting, as well as considering aspects that were not included in the meeting plan;
in the case of absentee voting, voting ballots should be included in the messages, which indicate the full names of the chairman, members of the counting commission, as well as the secretary;
in what way the apartment owners were notified about the place and time of the event.

Stage 3. Calling a meeting

To change the management company, you must terminate the service agreement with it. This decision can be adopted exclusively by the general meeting of owners of apartments in MKD. Interests of tenants in this case represented by members of the municipality. The minutes of the general meeting must indicate facts of violations by the management company of the terms of the agreement, as well as substantiate all claims against managers.

The decisions of the general meeting of owners are valid if the event was attended by the owners of apartments in a given apartment building or their representatives who have more than 50% of the votes of their total number. The decision on the issue of changing the management company is made by a simple majority of the owners who were at the vote (if more than half of those present are in favor). In other words, if more than half of the residents were at the meeting and more than 50% of them were in favor of changing the management company, the rest must comply. Moreover, the number of votes of a particular owner does not depend on the number of people, but on how many square meters apartments and total area the house belongs to this tenant.

The issue of choosing a new management company is a mandatory item on the meeting agenda.

Stage 4. Selection of new managers

Before holding a general meeting of owners, the initiative group prepares a list of possible candidates and also asks them to submit proposals regarding:

service agreement forms;
MKD repair;
list of house maintenance services;
tariff policy, etc.

By the date of the general meeting of MKD owners, it is necessary to prepare an agreement with the company. The list of works and services for the maintenance and repair of a house, which should ensure its safety and suitability for people to live in, has the right to be determined by the apartment owners themselves. In order to correctly compile a minimum list, it is advisable to seek the services of a specialist. The Housing Code of the Russian Federation (Article 162) defines list of items that must be included in the contract:

the composition of the general property of the apartment building, which will be the responsibility of the building’s managers. For example, at a general meeting, apartment owners may decide to transfer building construction And engineering equipment for the content of the Criminal Code. At the same time, it is not at all necessary to include the local area in the managed property; residents can hire a janitor or take care of it themselves;
a list of works and services for the maintenance and repair of common property, as well as utilities; the procedure for making changes to these lists;
algorithm for calculating the amount of contributions for utilities, as well as for maintenance and MKD repair; indication of payment methods.
Attention! Tariffs for payment of utilities are approved by regional and local authorities, and the list of housing services and their costs are independently approved by apartment owners;
progress in monitoring the activities of the management company. The law protects the rights of residents and obliges the management company to annually provide apartment owners with a report on the work performed to fulfill the contract.

Stage 5. Drawing up minutes of the meeting

The Housing Code of the Russian Federation does not contain clear requirements for the preparation of minutes of a meeting of apartment building residents. It must be compiled in in writing and signed by the members of the counting commission, the chairman and the secretary. During the general meeting, only the issues contained in the agenda should be considered. In other words, a decision to select new managers may be considered invalid if it was made, but was not included in the meeting plan.

When drawing up a protocol, the following aspects must be taken into account:

notification of interested parties and owners of all apartments about the holding of a meeting of owners of apartment buildings;
voting progress;
agenda;
the procedure for informing the management company about what decisions were made at the meeting and when the powers of managers are terminated (Article 45 of the Housing Code of the Russian Federation);
procedure for informing residents and interested parties, including those who did not participate in the meeting.

Stage 6. Notification of the previous and newly elected management companies

After the general meeting, residents of apartment buildings must report new organization about his desire to be under her control, as well as the old one - about his intention to leave her. To do this, the owners hand over the minutes of the meeting to both companies.

After the general meeting of residents has decided to change the management company, the managers have 30 days to transfer the new management company to the entire technical documentation about this MKD.

In some cases, the owner of premises in an apartment building can appeal in court decisions that were made by the general meeting of residents no later than 6 months after their approval. In what situations is this possible?

if the owner was present at the meeting and participated in voting, but was in the minority, and his legal rights and interests were infringed;
when, for one reason or another, the owner of the premises was absent from the meeting and does not agree with the decisions that were made, believing that they violate his rights and interests.

The claim may not be accepted by the court if:

violations are not significant;
the decision that one of the owners wishes to appeal did not bring him losses;
The vote of this resident cannot change the outcome of the vote.

The Housing Code of the Russian Federation (Part 6, Article 20) states that municipal housing control and state housing supervision authorities can go to court in order to:

invalidate the management agreement for the apartment building;
liquidate the partnership;
recognize decisions adopted by the general meeting of apartment owners as invalid.

In this case, going to court is possible in the following situations:

when identifying violations of the procedures for forming an owners' partnership, selecting a management company, preparing and signing a management agreement for apartment buildings;
when orders to eliminate the inconsistency of the charter of the partnership and the amendments made to it with mandatory requirements were not fulfilled in deadlines.

Transfer of documentation from one management company to another

So, 30 days before the management agreement for the apartment building expires, the management company must transfer information related to the management of this house to its successors. However, in reality, interested parties often have to file a lawsuit, because cases where managers do not want to hand over technical documentation or simply do not have it are quite common.

Guided by the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of March 30, 2010 No. 17074/09 in case No. A40-73182/08-19-483, in most cases the courts make the following decisions on such claims:

provide the new management organization with documentation for the house, if the management company that is decided to be replaced has it;
restore lost documents if they are missing and transfer them to new managers.

In addition, there is a rule on replacement of execution, according to which the “new” Criminal Code can restore lost documents on our own, recovering the costs incurred from the predecessor company. Properly executed and signed by the parties acts of acceptance and transfer of apartment buildings for management will serve as evidence that the previous management organization does not have all the necessary documentation.

The management company can take advantage of the fact that the general statute of limitations has expired if its successors demand the transfer of documentation after three years from the end of the management agreement. However, this rule does not apply when transferring citizen registration cards. According to the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 6, 2011 No. 1089/11 in case No. A60-5559/2010-C3, these documents are drawn up during the registration of citizens in residential premises of municipal, state and private housing stock and are of a public nature.

The procedure for executing a court ruling on the restoration and transfer of lost technical documentation to the selected management company is quite complex. In this case, lawyers recommend that the plaintiffs petition for the court to establish astrent as the responsibility of the previous management organization for failure to comply with the court decision. Paragraph 3 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated April 4, 2014 No. 22 states that astrent is an amount of money that the defendant must pay in favor of the plaintiff in the event of failure to comply with a court decision voluntarily before the established date.

In practice, there are very common cases when management companies refuse to transfer affairs to a newly elected organization, not recognizing in this way the decisions of the general meeting of residents. Therefore, owners of premises in an apartment building who want to change the management company must treat this issue with the utmost responsibility. It is necessary to record every violation of the rights of residents in writing. The package of documents that will be required to remove an organization from managing the house must contain:

copies of apartment owners' complaints to the authorities state control or directly to the management organization;
acts of non-compliance with standards;
copies of resolutions on holding the management company accountable for improper execution or failure to fulfill her duties.

The newly elected management organization has the right to complain to the housing inspectorate and the prosecutor's office, as well as to file an application with the arbitration court if the previous management company does not recognize the results of the general meeting of apartment building residents.

If it is not possible to change the management company by the residents of the apartment complex, apartment owners can file a complaint with the city department. According to Art. 165 Housing Code of the Russian Federation, this organization will check the activities of the management company, and if violations are confirmed, it will initiate a general meeting of owners of apartments in this building.

If you want to change the management company as quickly as possible short time and with minimal costs time, turn to the services of intermediary firms that help residents of apartment buildings deal with unscrupulous management companies. The cost of their services can vary from 30 to 100 thousand rubles.

Three rules for concluding agreements with resource supply organizations when accepting/transferring MKD

Expert opinion

On the transfer of citizen registration documents

YES. Nesterenko,

expert of the help system “Management of an apartment building”, lawyer

If the previous management company, during its work, accepted and transferred documents regarding the registration of citizens to the appropriate authorities, its responsibility is to transfer these documents to the successor organization. Having received a refusal, the newly selected management company has the right:

file a claim with the arbitration court demanding the transfer of citizen registration documents to the former Criminal Code. Practice shows that in most cases the courts satisfy such claims. This is confirmed, for example, by the appeal ruling of the Murmansk Regional Court dated August 7, 2013 No. 33-2614-2013, as well as the decisions of the Federal Antimonopoly Service of the Moscow District dated September 21, 2011 in case No. A40-73182/08-19-483 and dated September 17, 2013 in case No. A41-53549/12;
report to the GZHN authorities about the predecessor company’s violation of the Content Rules regarding the transfer of technical documentation, its involvement in administrative responsibility in accordance with the requirements of the Code of Administrative Offenses of the Russian Federation (Article 7.23.2).

How to get money back after changing management company

If the owners of the apartments regularly paid all the bills, but due to poor quality service they decided to change the management company, then they have the right to return to the balance sheet of the apartment building those funds that remained in the accounts of the managers. What needs to be done for this? First of all, you need to submit a request to the Criminal Code for a report on financial and economic activities, which consists of:

a list of completed works indicating their cost;
contracts with contractors;
estimate documentation;
certificates of completed work, etc.

Studying the report will give owners of MKD apartments an idea of what work was carried out and by whom, how much money was spent, and most importantly, what amount remained in the accounts of the management company. The responsibility of the management organization is to transfer this amount to the account of the successor company or HOA (in case of a change in the form of management). In this situation, events can develop according to the following scenarios.

1. It is possible to change the management company without unnecessary problems. Employees draw up an act of acceptance and transfer of apartment buildings, provide a report that does not raise questions among apartment owners, and transfer unused funds to the account of the new management company (HOA).

2. The procedure for changing managers is accompanied by difficulties. Often management companies insist on further maintenance of the house or strive to use the remaining funds on paper, which is why information about unperformed services or work appears in reports.

If there is a suspicion that the owners of apartments in an apartment building have been shortchanged, then the lawyers of the new management organization or the chairman of the HOA can order a construction and technical examination. After submitting its results to the court, you can demand compensation from the previous management company:

unused funds;
costs for legal services, if required;
expenses for carrying out construction and technical examination.

3. In some cases, owners of apartments in apartment buildings discover a negative balance on the account of their house. In this case, the previous management company presents the residents with a debt, the amount of which can reach hundreds of thousands of rubles.

For what reasons could this situation arise?

Residents of the apartment building during the voting decided to carry out repairs “on account of future payments.” In this case, the management company has the opportunity to drive apartment owners into a debt hole. Before changing the management company or creating an HOA, the owners will have to pay the managers for services provided and work performed.
The management organization carried out the repairs without first submitting this issue to a vote of the residents. However, according to the requirements of the Housing Code of the Russian Federation, expenses for current repairs must be approved by apartment owners at a general meeting. If the repair was not an emergency, the law does not oblige owners to pay for it.

Whatever the scenario, it is important to remember that every ruble listed in the Criminal Code must be used strictly for its intended purpose.

Expert opinion

Management fraud is commonplace

Vyacheslav Velichko,

Director of a consulting company in the field of housing and communal services LLC "ZhKS-PRIMORIE"

In the housing and communal services sector, there are many schemes for fraud, of which experienced managers are well aware. It is extremely difficult for the average person to understand estimates and reports on their own, however, if you get down to business, first of all study certain aspects.

Repair work

Often, in the reports of management companies, the cost of the work performed is actually overestimated. How? For example, in accordance with the documents, 5 meters of pipes were replaced in the basement, but in fact only 2 meters were replaced. Or no one changed the pipes at all. In this case, managers hope that none of the apartment owners will run around the basements with a tape measure in their hands. To resolve this situation, it is necessary to carry out a thorough initial examination of the MKD. Here residents will have to pick up the documents and check everything: whether the pipes were replaced, how many new plastic windows appeared in the entrance, etc. If during the inspection it turns out that according to the reports, the work was carried out, but in fact it was not, then the apartment owners should draw up a counter-act and contact the management company with a claim for a refund.

"Inflated" estimates

It often happens that the work was completed, but the reports reflected it unjustifiably. high cost. What expenses are most often overstated in estimates? First of all, these are expenses for fuels and lubricants, as well as the price of building materials. In addition, VAT may be included in the price, even if the company operates under a simplified taxation system.

Unfulfilled services

What should you do if the management organization’s report shows the cleaner’s salary, but no one has ever seen her in your home? In other words, the management company regularly charged residents for work, but the service was not provided. In order to prove the fact of violation of their own rights and demand a recalculation, the owners must have written complaints to the Criminal Code, as well as reports stating that the cleaning of the entrance was not carried out.

Change of management organization- The procedure is ordinary and uncomplicated. But how to notify the current management organization about changes? Who should do this and how soon after the NCA?

Change of management organization

Often, management organizations learn about the termination of their powers when they receive a subpoena. But how could they timely transfer technical documentation and other documents related to the management of apartment buildings to the new management authority if they were not warned in time?

Meanwhile, the Ministry of Construction of the Russian Federation reminds that, according to the Housing Code of the Russian Federation, a copy of the decision on change of management organization must be sent to the current MA.

The governing body of the MKD is the general meeting of owners of premises in the MKD (Article 44 of the Housing Code of the Russian Federation). And he has the power to choose and change MKD control method. The method of controlling the MKD, in accordance with Part 3 of Art. 161 of the Housing Code of the Russian Federation, is selected at the OSS and can be changed at any time also based on the decision of the OSS.

The selected management organization begins managing the apartment building from the date established by the management agreement. If such a date is not specified in the agreement, no later than thirty days from the date of signing the management agreement. These rules are established by Part 4 of Art. 198 and part 7 of Art. 162 Housing Code of the Russian Federation.

Notification to the management organization

The initiator of the OSS has the obligation specified in Part 1 of Art. 46 Housing Code of the Russian Federation, - transfer copies of decisions and OSS protocol to the management organization, the board of homeowners' associations, residential complexes and housing cooperatives. And this must be done no later than ten days after the OSS in the MKD.

Full list technical documentation for MKD, which the previous management organization must transfer to the new one, is presented in Decree of the Government of the Russian Federation of August 13, 2006 N 491.

In these documents you will find data on the composition and condition of the Olympic Games in the ICD:

technical passport of the house;
documents for metering devices;
documents on acceptance of work results, estimates, inventory of work;
inspection reports, condition checks;
inspection reports and issued certificates of readiness for the heating period;
MKD operating instructions;
cadastral plan of the land plot;
extract from Rosreestr;
urban planning plan of the land plot;
documents on the validity of an easement or other encumbrance;
design documentation;
lists of owners, tenants and tenants;
agreements on the use of common property of apartment buildings;
decisions and minutes of general meetings of owners.

Each house must be serviced by a specific management company. It is usually appointed by the direct residents of the building. But often there is a need to change the management company. The process can be carried out for various reasons, and most often residents are interested in it (in the case when the organization fails to cope with its responsibilities or charges too high a fee for its work).

When possible?

There may be many reasons for changing the management company. The responsibilities of a particular management company are specified in the agreement concluded with members of the HOA. If a company, for various reasons, does not perform the necessary actions or provides poor-quality services, then such actions are the basis for choosing another organization. Therefore, most often a change of management company is carried out for the following reasons:

the company fails to fulfill its responsibilities;
the services provided are of low quality;
information about the operation of the enterprise is not provided to the residents of the house, which is a violation of the Housing Code, since each management company is obliged to disclose information about its functioning to the owners;
breakdowns in the house are not repaired in a timely manner;
the entrances and surrounding areas are not cleaned;
absence or untimely response to various requests submitted by residents.

Owners of apartments in the building can leave complaints about the work of the organization in different government agencies, for example, to the prosecutor's office. For each breakdown, it is required to draw up reports indicating the date the violation was discovered. This will make it possible to determine how quickly management company employees react to various accidents.

If, even after numerous complaints and violations, the management company refuses to conscientiously fulfill its responsibilities, then residents may decide to change the organization. You can complete the process before the expiration of the signed contract.

What difficulties might you encounter?

If residents of a building decide to change the management company, then they must take into account some points:

it is impossible to complete the process in the first year of cooperation;
the current Criminal Code will create various obstacles for residents after receiving notification from them, and often citizens even face threats or blackmail;
Often, after receiving information about the residents’ intention to choose a new management company, the company begins to cope with its responsibilities well, cleaning the entrances, landscaping the adjacent territory and performing other actions, which leads to doubts among citizens.

One should not be deluded if the company at a certain point in time actually begins to cope with its responsibilities better, since usually such actions are only the appearance of work, so in the future residents will again have to face the negligence and inaction of the company.

Who is the initiator?

Typically, the initiators of changing the management company are the direct residents of the building. They want to choose a company that will actually do the job well for a set fee.

To carry out the process, an initiative group is created by residents, which then carries out all actions on behalf of the HOA. This group includes any members of the partnership, but they are usually represented by members of the board. The people included in the group analyze the company's activities.

How can a contract be terminated?

The method of terminating the relationship depends on the timing of this process:

if the contract expires, it simply does not renew, for which purpose a corresponding application from the residents of the house is submitted to the management company;
The contract is terminated early if there are compelling reasons.

In the second case, you may encounter serious difficulties, since management company employees may not agree to a pre-trial method, so you will have to solve the problem through the court.

Expiration of the contract

Most in a convenient way termination of the contract is considered to be the end of its validity period. At this point, you can enter into a contract with a new management company.

To complete this process, a notice of the change of management company is sent to the organization’s representative one month before the end of the period. If no actions are performed, then an automatic extension is carried out.

Termination of the contract during its validity period

If the contract has not yet expired, it will be quite difficult to terminate it early. The procedure for changing the management company takes into account the following nuances:

a new management company is initially selected;
exactly this company begins the process of terminating the current contract;
if it is impossible to make a choice, then the contract is terminated by drawing up an agreement between the parties or on the basis of the clauses of the agreement, and a lawsuit may be filed in court or the circumstances of both parties may change.

Each process has its own nuances.

Drawing up an agreement between the parties

The best way is to draw up an agreement between the two parties. To do this, perform the following steps:

Initially, a meeting of owners is held, where a decision is made to change the management company;
minutes of the meeting are drawn up;
this document is sent to the Criminal Code with a statement of termination of the contract and a request to draw up an agreement between the parties;
if management company employees react positively to the received documents, then an agreement is formed that stipulates the conditions for transferring documents to the new managers;
the procedure for transferring remaining funds for repairs and settlements with suppliers of various resources is stipulated.

All received documents and money are transferred to the new management company.

Based on the contract clause

Each agreement drawn up with a management company has special clauses intended for the conditions and rules for terminating the agreement.

Most often, there is a clause in which residents have the opportunity to terminate the contract if they have evidence that the company is not meeting its obligations under the contract. In this case, a notice of termination of the contract is drawn up correctly and sent to the management company with other documents. When changing the management company, it is necessary to prepare papers confirming the absence of repairs or the provision of poor-quality services.

With this method, the company is automatically released from its obligations.

Changes in the circumstances of the parties

In Art. 451 of the Civil Code states that if significant circumstances have changed for any party, this may become the basis for early termination of the contract.

If one party refuses to terminate cooperation, then the issue is resolved further through the court.

Going to court

This method is considered the most complex and time-consuming, as well as expensive. It is advisable to go to court if the residents really have evidence that the Criminal Code is violating essential conditions agreements.

Based on the available evidence, the judge makes an objective decision. Most often, in a lawsuit, citizens refer to non-compliance with temperature conditions in residential premises, interruptions in the supply of electricity or water, as well as a non-functioning elevator. The basis for termination of the contract is not only the inaction of the organization, but also failure to meet deadlines.

Rules and stages of the process

If you plan to change the management company in the house, then the following actions are performed:

The initiative group collects documents that serve as the basis for changing the management company. To do this, the provisions of the contract are studied and previously drawn up acts are prepared.
A notice is being prepared for each tenant about the general meeting, and a sample can be used for this. The management company is changed only after voting. The notice indicates the location of the meeting, the date of the event, the agenda, information about the initiators, and you can also immediately attach voting ballots if the meeting is held in absentia.
Holding a meeting. At least half of the owners must be present. All information is recorded in the protocol. Changing the management company is permitted only if there are numerous claims against the organization. Voting is required. A new management company can be immediately selected with which an agreement will be concluded.
The minutes of the meeting are drawn up correctly. It includes information about the agenda, voting results and the process of familiarizing all apartment owners in the building with the decision.
The protocol is handed over to the current management company and the selected new organization. Simultaneously with this document, a notice of termination of the contract is sent to the company. It lists the reasons for termination of cooperation.

If the company agrees to peacefully terminate cooperation, then it will transfer the documentation within 30 days when changing the management company. The documents are issued by the new management company together with a certain amount of funds intended for home repairs and settlements with resource supply organizations.

How to choose a new management company?

To make cooperation with a new management company more comfortable for the residents of the building, it is important to competently approach the process of selecting this organization. Therefore, the following nuances are taken into account:

duration of operation of the company;
established relationships with the regional administration;
organizational structure companies, for which the founders and full-time employees;
the number of houses managed by the organization;
the state of constituent and accounting documentation, which should be freely available;
openness and contact of the company;
state material base, which includes various machinery and equipment;
the time frame during which the necessary work is carried out based on the requests of residents;
qualification hired specialists;
tariffs used.

Transfer of documentation when changing the management company occurs only after termination of the contract with the previous organization. Based on these documents, the new company will be able to understand the existing features of the house, necessary work and in other nuances.

Conclusion

If necessary, residents of any building can terminate the contract with the existing management company. The process can be carried out by agreement of the parties, by notice of termination or through the court. To do this, you need to hold a meeting of residents and choose another management company in advance.

Most often, firms refuse to pursue legal proceedings because the tenants have evidence of negligent behavior. Therefore, management companies terminate agreements ahead of schedule without complications or disagreements.

Change of management organization- The procedure is ordinary and uncomplicated. But how to notify the current management organization about changes? Who should do this and how soon after the NCA?

Change of management organization

Notification to the management organization

In these documents you will find data on the composition and condition of the Olympic Games in the ICD:

technical passport of the house;
documents for metering devices;
documents on acceptance of work results, estimates, inventory of work;
inspection reports, condition checks;
inspection reports and issued certificates of readiness for the heating period;
MKD operating instructions;
cadastral plan of the land plot;
extract from Rosreestr;
urban planning plan of the land plot;
documents on the validity of an easement or other encumbrance;
design documentation;
lists of owners, tenants and tenants;
agreements on the use of common property of apartment buildings;
decisions and minutes of general meetings of owners.