If the UK does not comply. If the management company does not fulfill its obligations. Application to the Prosecutor's Office

Sofia Povzikova, head of HR administration at Coleman Services, continues to cover the topic of employer-initiated layoffs. Today we will talk about layoffs associated with repeated non-performance official duties workers.

The specified basis is established by paragraph 5 of Article 81 Labor Code Russian Federation, but you need to use it, having thoroughly prepared personnel documentation on the one hand, and on the other hand, having a margin of time, because. on this basis, as a rule, takes at least a month.

What is meant by non-fulfillment or poor-quality performance of official duties?

Non-fulfillment of labor duties is a violation of the requirements of labor legislation, the functions specified in employment contract, local regulations in force with the employer: PVTR, job description, orders of the organization's management, technical rules for the preparation of documentation or the use of equipment, labor protection and safety requirements, etc.

Example: an employee works in a call center and his job description states the obligation to “make 40 phone calls per shift”. If an employee does not fulfill the specified norm during the day, then this indicates a poor-quality performance of official duties. If during the day the employee for some reason did not make a single call at all (he came up with a job for himself or found reasons to shirk from work), then this is a failure to fulfill duties.

As can be seen from the example, one of the most important documents establishing the requirements for the quality of job duties is either another document specifying labor function worker.

The job description is not a mandatory local normative act, but its presence and competent wording help the employee, his immediate supervisor and specialists personnel service determine the quality of the employee's work in disputable or conflict situations.

Very often, when compiling a job description, streamlined wording is used: “calling customers” or “registering customer orders”. Such vague duties are not specific, which means that some other document is needed that establishes the criteria for assessing the quality of work, and the employee must be familiarized with it under signature. Otherwise, the actions of the employer can be appealed, indicating that the calls to customers have been completed, but the employee was not informed that exactly 40 calls were needed.

What is meant by "repeated failure"?

In practice, there are very often cases when managers complain to HR specialists about the quality of work of line personnel. However, just as often, managers refuse to document the identified violations: a lot of documents need to be drawn up, and, as always, there is not enough time. The HR specialist must understand that the verbal complaints of the head cannot be considered as a failure to perform official duties. Therefore, “repeated non-performance” is several documented disciplinary action for various violations of various official duties.

It is impossible to impose a disciplinary sanction on the same violation, otherwise two penalties will be applied to the employee for one misconduct, which is unlawful (part 5 of article 193 of the Labor Code of the Russian Federation).

Let's return to our example: the first disciplinary sanction the employee can (if documenting) receive for poor-quality performance of official duties, the second, for example, for being late for work.

In 2004 the Plenum Supreme Court The Russian Federation (paragraph 33 of Decree No. 2 of March 17, 2004) decided: in order for dismissal on the specified basis to be legal and justified, two conditions must be met simultaneously:

employee does not comply labor obligations without good reason;

the employee commits a violation repeatedly, that is, he already has at least one outstanding or outstanding disciplinary sanction in the form of a remark or reprimand.

What documents to issue in order to announce a disciplinary sanction to an employee?

So, the employee did not work properly and made only 10 calls (instead of 40), and, his manager requires the HR specialist to announce to him. We considered in detail the actions of the personnel officer when issuing a disciplinary sanction in the article “Loss of confidence”.

Let's repeat some points:

It is necessary to explain to the immediate supervisor that he must draw up a memo addressed to the head of the organization (since it is this person who, in accordance with the Charter of the organization, is authorized to be an employer). The memorandum must contain:

Full name of the employee;
date and time of the violation. If a violation is detected after the working day, this should also be indicated.
details of the violation itself and the discovery of the violation
proposals of the head on the measures of influence on the employee.

indicative text memo to our example:

“On April 13, 2017, a call center specialist (full name) during a work shift from 9.00 to 18.00, in violation of the requirements of the job description, made 10 phone calls. I became aware of this fact in the process of summing up the results of the working day. I propose to announce (full name) reprimand.

It is necessary to explain to the immediate supervisor that a reprimand can be announced only if there is a written explanation from the employee about the reasons for non-performance of official duties. In practice, there are two mechanisms for obtaining explanations: written (when the employee is given a Request for explanations) and oral (when the manager orally requires an explanation from the employee). I can’t advise my fellow personnel officers the second way: if an employee appeals against the employer’s actions, then without an appropriate document it will be very difficult to prove compliance with the requirements of paragraph 1 of Article 193 of the Labor Code of the Russian Federation.

The requirement to provide explanations, as a rule, is prepared by HR specialists and issued to the employee, necessarily fixing the time of issuance of the document. The requirement is issued to the employee against signature. At the request of the employee, he may be given a copy of the Requirements.

After two working days, the employee must provide written explanation. If an explanation is not provided, an Act of refusal to provide explanations must be drawn up. The act is announced to the employee in the presence of the spirit of witnesses. The employee may put a signature on familiarization with the Act, or may refuse to familiarize himself. In this case, the Act is read aloud to the employee.
Two received documents that recorded the violation are submitted for consideration to the head of the organization (or other authorized person) for a decision. The head, taking into account the facts available, may decide on the recovery or on the absence of grounds for it, may mitigate the punishment or toughen it. The leader reflects his decision in a resolution that he writes on a memo.
Based on the decision of the head of the organization, the personnel service specialist prepares an Order to impose a disciplinary sanction on the employee.

The order of actions of HR specialists may vary depending on the traditions of the organization, but two primary documents are required, because are the starting points for calculating the timing.

Since we are talking about repeated violations, the specified procedure must be performed at least one more time.

There are two disciplinary actions. What's next?

So, the personnel service specialist has two orders for the imposition of disciplinary sanctions, as well as two sets of justifications for them. The orders are signed by the employee and the employer. Prepared and signed by witnesses Acts of refusal to familiarize themselves with the documents.

In the event of the next violation, a third set of evidentiary documents is prepared and submitted for decision to the head of the organization. If the decision of the head is dismissal, then it is necessary to prepare an order for dismissal in the unified form T-8, or in the form established in the organization. If the order cannot be brought to the attention of the employee or the employee refuses to read it against his signature, then a corresponding entry is made directly on the order (Article 81, paragraph 5 of the Labor Code of the Russian Federation).

Thus, the preparation of dismissal, in connection with the repeated failure to perform official duties by employees, requires:

The presence of a job description (or detailed job responsibilities in an employment contract)

Willingness to process a lot of documents quickly and accurately.

Time, because dismissal associated with repeated non-fulfillment of official duties by an employee takes about a month

A common situation is when housing and communal services do not want or perform their duties unsatisfactorily, and their duties include:

Maintenance appearance residential building in a proper manner, activities to ensure the safe living of residents in the house;
Also, on a regular basis, an inspection of an apartment building should be carried out, namely an inspection before the start of the heating season, and inspections are also carried out if there are problems in the heating systems, water supply, sanitation or electricity supply networks. In general, full control over the intra-house networks through which residents receive utility resources;
Mandatory compliance with the rules fire safety;
The duties of the housing and communal services include regular cleaning of entrances and territories near the house, unless of course the territory is the property of the house;
Also, the management company is obliged to take out the garbage;
Control the process of operation of common house meters;

According to the Housing Code of the Russian Federation, a homeowner has the right to independently take care of his property, he also has the full right to transfer property management to an organization specializing in this type of activity, that is, to conclude an agreement with a management company, and the owner may not do anything with his property, but in this If it happens, it will simply begin to fall apart and eventually become unusable, and not a single sane owner will allow this, and the main task of the owner is to keep his property in proper order.

As a rule, tenants always conclude an agreement with a management company, because independent management is not easy and there is not always enough time for this, it is better to transfer management to an organization that will do everything professionally, because everyone should mind their own business.

But what to do if the management company (management company) does not fulfill its tasks in good faith?

To begin with, let's take an absolutely normal situation, for example, your light bulb burned out in the entrance, in which case you should call the dispatch service of your management company and report this problem, within the standard period, you should replace this light bulb, of course, the standards are different everywhere, but in any case, if you called in the morning, then during the day the problem should be fixed and such an algorithm of actions should be repeated for any problem, you call the Criminal Code and report the problem, they take action and fix the problem.

Now let's consider an abnormal situation when you contact the Criminal Code with a problem, but it is not solved within 1 day or within a week, in this case, the complete inaction of the Criminal Code regarding the maintenance of the house is evident.

But you, as a tenant, regularly pay utility bills, contribute money for home repairs, and yet the cost of housing and communal services does not fall, but rather grows every year, but you don’t get anything in return and you see how your property is gradually becoming unusable, the windows are broken , dirty in the entrance, lighting through the floor, in case of complaints to the dispatching service of the Criminal Code

zero reactions.

In this case, you need to act, the responsibility for maintaining the house is entirely vested in the management company. After all, the Criminal Code, according to the instructions of the homeowners, for an agreed period, for a certain fee, undertakes to carry out a set of works for the proper maintenance, repair of the property of the house and also provide public services for the house.

The management company is selected at the general meeting of the owners of the premises, then this organization must conclude a management agreement with each owner of the premises in this house. This agreement is not always concluded, it can be terminated at any time, it is terminated if the Criminal Code does not fulfill its obligations properly.

If the Criminal Code does not properly fulfill its duties, then a complaint must be written to the management company, it is written neither the name of the head of the management company, you can hand it to an authorized employee of the Criminal Code, or send it by mail, by registered mail with notice. Be sure to write the complaint in duplicate, if you hand it over, then on your copy you must put the incoming number, the date the complaint was received and the signature of the person who accepted the complaint. If you send by registered mail, then also write a complaint in two copies, we keep one and send the second in an envelope, the notification that you receive will be confirmation that you sent the complaint and the Criminal Code received it. A notification or a second copy of the complaint will be useful to you if you sue or complain to a higher authority about the Criminal Code and a copy of the complaint will confirm that you tried to resolve the problem amicably and out of court. Be sure to certify the complaint in the presence of two neighbors, that is, sign it in the presence of neighbors or members of the council of the house. If there is no response to the complaint within 10 days, then you have every right to demand a recalculation for the unfulfilled housing or utility services.

Also, at the general meeting, homeowners have every right to decide general meeting not to make payment to the Criminal Code for a service that was not provided to her or was not provided in full.

If your complaint did not work and no response was received from the Criminal Code, then go to paragraph 2, write a similar complaint to the State Housing Inspectorate, this is a supervisory body that monitors how the Criminal Code performs its duties. In the complaint, indicate the requirements to check your Criminal Code and bring it to administrative responsibility for not complying with the rules for maintaining residential premises. A complaint in this body is considered within 30 days and after that an order is issued to eliminate the problem. If the Criminal Code has not fulfilled its obligations, then an administrative fine will be imposed on it.

You also have the right to apply to Rospotrebnadzor, referring to the Law on the Protection of Consumer Rights, namely Chapter 3 of this law, which gives an idea of how to defend your rights in case of a poorly provided service.

If the complaint to the State Housing Inspectorate and Rospotrebnadzor did not work, then the tenants have the right to hold a meeting and, on the basis of paragraph 8.2 of Article 162 of the Housing Code of the Russian Federation, unilaterally refuse to fulfill the contract for managing the apartment building, if the management company does not comply with the terms of this agreement, the tenants also have the right to choose another CC or change way to manage an apartment building, at its discretion. For example, tenants can choose a home management company from a list of companies that have a good reputation in the market for these services and conclude an agreement with it.

Also, no one forbids you to apply to the prosecutor's office or the court with a claim, it all depends on how serious the situation you have and how serious violations were committed by the Criminal Code and how seriously your rights were violated, whether damage to your property was caused by illegal actions or inaction of the Criminal Code, justice will be restored in court.

Usually, the Criminal Code takes over its head after receiving a complaint, sometimes after an inspection by the State Housing Inspectorate, but the most stubborn Criminal Codes bring the case to court, but this happens extremely rarely and the Criminal Code most likely will not take such a risk.

I hope that your Criminal Code will come to its senses after receiving the first complaint addressed to you and, of course, will begin to fulfill its obligations in accordance with the law, and if not, then go to the end, write complaints, file lawsuits and look for the truth, always defend your rights. And I wish you good luck!

In practice, it turns out that some tenants have no idea about the existence of a management company exactly until they personally encounter any problem. For example, they will get tired of stumbling every evening on the steps in a dark entrance, and they will decide to find out who refuses to "turn on the light."

Often, a burnt out light bulb in the entrance is either the result of the inattention of organizations, or the indifference of the inhabitants of the house to their own comfort, although one does not interfere with the other.

In our time, garbage does not evaporate by itself, and it is not good pioneers who clean it up. The management company chosen by the tenants is responsible for these and other works related to the maintenance and repair of the common house territory in an apartment building.

But before you demand anything, experts advise you to pay attention to two points. First, the owner of the apartment must find out which organization manages his house. To find out, you can ask your neighbors, look at the information board, monitor the House of Moscow website, where you can calculate the Criminal Code at the right address, says the head of the Moscow Housing Supervision Inspectorate for the North-West administrative district Victor Buyanov.

Secondly, each owner must have a management agreement in his hands, in which all the necessary conditions, rights and obligations of the parties.

Get a contract

Therefore, the next step before sorting out relations with the negligent Criminal Code is to try to get a management agreement. According to the Housing Code of the Russian Federation, an agreement is concluded with each apartment owner on the basis of a decision of the general meeting of owners in writing or in electronic form Buyanov explains.

"Each owner of the apartment should have an agreement. Unfortunately, many people miss this point, they treat it, as they say, carelessly. If there is no agreement, this is not correct," clarifies the interlocutor of RIA Real Estate, insisting that if the document is the owner of the apartment is still absent, then he has the right to come to the office of his management company and demand a copy.

As the expert adds, more than 50% of the owners of premises in an apartment building, which are one party to the agreement (the other party is the Criminal Code), must sign the management agreement.

Know the responsibilities of

Management organizations must properly maintain and repair common property, by decision of the general meeting of owners, conclude contracts for the use of it, and also provide utility services to residents of the house.

Force to react

Claims to management companies on the part of the owners can be very different, but what to do if the reaction makes you wait? Suppose the problem is identified: the garbage chute has not been removed for several days. It is clear that the situation is not pleasant. The owner of the apartment has already called the control room of the Criminal Code, but no action has been taken.

Buyanov recommends that, first of all, proceed from the procedure for filing claims established by the contract, and if this does not help, then file a written complaint with the housing inspectorate. In Moscow, this is the Moszhilinspektsiya, in the Moscow region - the State Housing Inspectorate of the Moscow Region.

If there are violations, specialists will conduct an appropriate check, after which the Criminal Code will draw up an order and a protocol. If after that the order is not executed, the housing inspectorate can go to court.

Elimination of emergencies

It is important to understand that the managing organization, under the contract, provides services that relate only to common property. Services in relation to the intra-apartment equipment, which is the personal property of the owner, are carried out for an additional fee. Therefore, if a tenant has a broken toilet, then he can apply to the Criminal Code, and if there are appropriate specialists, they will try to solve the problem, but for a fee.

It is a completely different matter if the apartment was damaged as a result of an accident related to common property: damage to pipelines, power outages, clogged sewers, and in other emergency situations.

For example, the common house pipeline was damaged, water entered the living quarters. At the same time, the owner of the apartment reports the problem to the dispatcher or directly calls the appropriate service, which should conclude an agreement with the Criminal Code in this case, according to which emergency maintenance should be carried out. Departure to the object in this case - no later than 30 minutes after the request.

After the accident is eliminated, the owner of the apartment applies to the Criminal Code with the question of eliminating the consequences in the apartment itself. According to experts, the company draws up an appropriate act. If there is fault, the CC must compensate for the damage. If, on the part of the organization, a refusal follows or no response follows, the owner has the right to sue it.

Refund

Residents of an apartment building may demand that the management company reduce the maintenance and repair fees for common property if the management company has improperly performed its duties, for example, it has poorly painted the walls in the entrance, Kutuzovskaya Riviera adds.

According to experts, tenants must first contact the management company, and if their legal requirements are not met, they can file a complaint with the housing inspection or a lawsuit. For example, if after the construction examination it is revealed that the management company is really to blame, then a recalculation will be made.

Summarizing all of the above, experts insist that it is important to know your management company "in person", you need to familiarize yourself with the apartment building management agreement, which will allow you to have an idea of what can be demanded from the management company and what will have to be paid separately.

Good evening! You need to write a Claim to the Criminal Code regarding the failure to fulfill their obligations and set deadlines for elimination (you can do it collectively) only necessarily in two copies. If they don't fix it, feel free to file a consumer protection lawsuit in court. This is yours legal right. I give you a link to the rule of law:

"In accordance with Part 2 of Article 161 of the Housing Code of the Russian Federation, under an apartment building management agreement, one party (managing organization) on the instructions of the other party (owners of premises in an apartment building, management bodies of a homeowners association, management bodies housing cooperative or management bodies of another specialized consumer cooperative, the person specified in paragraph 6 of the article.

2 tbsp. 153 of the Code, or in the case provided for by Part 14 of Art. 161 of the Code, the developer) undertakes to provide services and perform work on the proper maintenance and repair of common property in such a house, to provide utility services to the owners of premises in such a house and to persons using premises in this house, to carry out other activities aimed at achieving the goals apartment building management activities.

When managing an apartment building by a managing organization, it is responsible to the owners of premises in an apartment building for the provision of all services and (or) performance of work that ensures the proper maintenance of common property in this house.

2.3 Art. 161 LCD RF).

Thus, citizens who are owners of premises in an apartment building are consumers of services provided by the managing organization for reimbursable contract management of an apartment building, in connection with which these legal relations are subject to the Law of the Russian Federation of February 7, 1992 N 2300-1 "On Protection of Consumer Rights".

Good luck to you! Regards, Tatiana!

How to make a claim to the management company? How to force the Criminal Code to fulfill its obligations?

Often, management companies improperly fulfill their obligations to maintain and repair the common property of an apartment building or improperly provide housing and communal services and at the same time ignore consumer complaints.

Remember that the relationship between the owners of premises in apartment buildings and management companies are regulated by the Housing Code of the Russian Federation (mainly Section VIII). In addition, as for other types of services, in the housing and communal sector there are special rules and norms. In particular, these are the Rules and Regulations technical operation housing stock, approved by the Decree of the Gosstroy of the Russian Federation No. 170 of September 27, 2003; Decree of the Government of the Russian Federation of May 6, 2011 No. 354 “On the provision utilities owners and users of premises in apartment buildings and residential buildings, as well as the Rules for the provision of public services, approved by Decree of the Government of the Russian Federation No. 307 of May 23, 2006 (partially valid until 2015); Rules for the maintenance of common property in an apartment building and changing the amount of payment for the maintenance and repair of residential premises in the event of the provision of services and work of inadequate quality and (or) in violation of the deadlines, approved by Decree of the Government of the Russian Federation No. 491 of 13.08.2006

These legal acts, as well as some other acts, are the legal framework in accordance with which the owners and the management company enter into a management agreement. According to Article 162 of the Housing Code of the Russian Federation, an apartment building management agreement must contain a detailed list of services and works for the maintenance of the common property of the house, as well as utilities provided by the management company. And if these services are not provided in full, of inadequate quality, or in violation of the deadlines, the owners may file a claim with the management company.

The claim procedure for resolving emerging problems can be made as follows:

1. Sign up for a meeting and personally tell the head of the management company what does not suit you. In order not to be unfounded, give arguments. So, you can independently (for example, by the forces of the council of an apartment building (hereinafter referred to as MKD)) examine the results of the repair of your house, fix the shortcomings of the work performed and draw up an appropriate act. Attach photos to it. Sometimes bosses do not know the real state of affairs, because they blindly believe the reports of their subordinates. Remember: the result of a personal appeal should be an official, that is, a documented promise to rectify the situation.

Duties and responsibilities of the management company

If the management of the management company refuses to enter into a dialogue and avoids meetings in every possible way, write a written claim. Recall that it is drawn up in two copies, one of which is sent to the management company, and the second with a mark of acceptance by the official remains with the applicant.

3. If after a month there is no reaction, or it does not suit you, contact the supervisory authorities.

It should be remembered that in accordance with p / p "k" p.

31 of Decree of the Government of the Russian Federation of May 6, 2011 No. 354 “On the provision of public services to owners and users of premises in apartment buildings and residential buildings”, the contractor is obliged to keep records of complaints (applications, appeals, demands and claims) of consumers on the quality of the provision of public services, accounting terms and results of their consideration and execution, as well as within 3 working days from the date of receipt of the complaint (application, demand and claim) to send the consumer a response on its satisfaction or refusal to satisfy, indicating the reasons for the refusal.

So, in the housing and communal sector, there are two main control bodies - the State Housing Inspectorate and federal Service on supervision in the field of consumer protection and human well-being.

The main functions of supervision in the field of housing and communal services lie with the State Housing Inspectorate. First, make an application (complaint) to the State Housing Inspectorate. The State Housing Inspectorate must form a commission within 30 days and send it to check the violations you have indicated. If they are confirmed, the commission must draw up a protocol on an administrative offense and hold the management company accountable.

If the inspections of the Housing Inspectorate did not lead to the desired result, and the management company continues to violate your rights, contact the Prosecutor's Office.

According to Federal Law No. 2202-1 "On the Prosecutor's Office in the Russian Federation" dated January 17, 1992, the Russian Prosecutor's Office supervises the observance of the Constitution and the implementation of other laws on behalf of the Russian Federation. As part of this area of its activity, it should check the work government agencies, officials and commercial organizations. By applying to the Prosecutor's Office, you signal the inaction of not only the management company, but also the controlling housing and communal services.

You can also contact the Prosecutor's Office in two ways: in person at an appointment with the district prosecutor (he will enter your claims on a special card), through the Internet reception or by mail. In doing so, do not forget the advice we gave regarding written statements above.

Based on the results of the prosecutor's check, a presentation or resolution is issued. In the first case, the management company is warned and given a month to eliminate violations. In the second, an administrative offense case is initiated.

The owners of an apartment building are consumers of utilities, as well as services for the operation, maintenance and repair of common property. And they can protect their rights by all legal means, including through the courts. And this is perhaps the most effective method. Remember that the inaction of the management company violates the rights of residents arising from the Law of the Russian Federation "On the Protection of Consumer Rights", as well as the management agreement for MKD. According to the procedural law, a claim for consumer protection can be filed by both individual citizens and their public associations(for example, the council of MKD). In this case, you will be exempted from paying the state fee.

Cases on the protection of consumer rights are considered by the Magistrate's Court (with a claim value of up to 50 thousand rubles). The claim can be filed both at the location of the MKD (plaintiff) and at the location of the management company (defendant). It is drawn up in writing, in two copies (a copy for the defendant) with all available written evidence attached.

The main thing when writing a claim is to clearly articulate your requirements.

In court, you will have to prove that the management company was obliged to perform this or that service (proved by the contract), but did not do it, or did it, but in violation of the statutory requirements for the quality of this service, or the deadlines for its performance (acts of commissions, examinations, photographs, etc.). The subject of proof also includes the fact of applying to the management company as a service provider with a request to eliminate the violations committed by it (a written claim, complaints to Rospotrebnadzor or the Housing Inspectorate, an appeal to the Prosecutor's Office).

If the written and other evidence presented by the parties is insufficient, the court may appoint a construction or other expert examination.

The court then makes a decision. If it is in your favor, the management company is obliged to fulfill it, and also (if you asked about it) to reimburse all legal costs.

This is the algorithm of actions aimed at making the management company work. You can and should fight for your rights, but sometimes it’s easier to terminate relations with an unscrupulous management company and transfer the house to the management of another organization. The decision on this is made by the owners at the general meeting.

CONSULTATION on consumer protection issues, you can get at the Consumer Advice Center FBUZ "Center for Hygiene and Epidemiology in Ryazan region» located at the address: Ryazan, st. Ostrovsky, d. 51 a, room. 304. (tel. 92-97-80), as well as by calling a free hotline: 8-800-200-10-62.

How is the responsibility of ZhEKs regulated?

Zhek's duties to residents: service, procedure for providing services

Bes paid services housing office

Paid services of the Housing Office

What to do if the clerk does not fulfill his duties

Methods of influence of the housing maintenance office

Life in apartment buildings today boils more than ever. The increase in utility bills and the permanent decline in the level of support for the housing stock raise a lot of questions. In most cases, the resentment of the residents is emotionally motivated, because the apartment owners do not even know the obligations of the Housing Office, enshrined in the current legislation.

Relations with the management company are built exclusively on contractual terms (housing contracts). Most often, the wording of contracts with companies is unconditional or has the character of an offer. It is extremely rare that residents can make changes to the proposed versions of contracts, and even less often when an experienced lawyer can review the contract.

How is the responsibility of ZhEKs regulated?

Considering the paid services of the Housing Office, their necessity or expediency, it is necessary to refer to the letter of the Law.

The main documents regulating the activities of management companies today are:

Housing Code (LC) of the Russian Federation. The main legal document;
Code Federal Laws regulating the procedure for establishing (changes, increases);
A series of Decrees of the Government of the Russian Federation regarding the procedure for providing communal resources (time for switching on heating, installation of collective metering devices and other issues).

The responsibility of ZhEKs is regulated for the most part by the Housing Code, according to which the activities of specialized companies are controlled on a contractual basis. During the term of the contract for the provision of public services, the obligations of the housing and communal services to the residents must be properly performed.

Zhek's duties to residents: service, procedure for providing services

Residents of an apartment building, paying for housing and communal services, are often not quite right, or even not at all, what exactly they can demand from this management office.

Free housing office services

By law, the list of mandatory services provided by the housing office includes the maintenance of the common property of the house, its timely repair, and cleaning the territory. As part of these tasks, the housing maintenance office provides free (mandatory) services:

Free housing office services:

Care common property:

Repair of facades, roofs,
Removing snow and ice from roofs
Cleaning of territories, sweeping adjacent to residential buildings
Replacement and insulation of windows in the entrances
Strengthening the roofs of the building
Repair of doorways of general premises, window openings (including glass replacement);
Wet sanitary cleaning on the landing.

Technical supervision of communications of an apartment building

Control, disconnection and connection of home heating
Elimination of air congestion
Pipeline insulation
External power supply (house lighting, repair of electrical wiring in the entrance, replacement of ceiling lamps on the stairs, office space common use)
Cleaning of water supply pipelines
Adjustment of flush cisterns in the bathrooms of residents

Repair of electrical panels, lamps
Cleaning sewer blockages inside the house
Battery leak repair
Plumbing repair ( welding work, pipe replacement)
Replacement of taps, vans, faucets, toilet bowls in apartments as a result of their physical wear and tear
Basement pumping and maintenance
Shutdown of risers

Important: replacement of burners, switches, any replaceable elements in stationary electric stoves in an apartment - is also provided free of charge by an electrician of the Housing Office

The number of free housing and communal services is quite large. But it should be understood that the management office deals with the common property and is primarily responsible for it and the consequences of its malfunction. So, if as a result of a rotten roof your apartment was flooded, then all the material consequences will be borne by the ZhEK.

Paid services of the Housing Office

In most cases, residents of an apartment building rely on housing and communal services employees in the event of repair of their personal privatized premises. Often, citizens need urgent services of an electrician if there is a smell of wiring, or plumbing, when a tap starts to flow or there is a desire to change their van, add a few batteries.

Of course, the office can provide such services, because its working team includes such specialists, but it is not obliged to do this on a free basis.

Therefore, housing and communal services also provide paid services for high-rise buildings:

Plumbing work in the apartment:

Replacement of faucets, wash basin, heated towel rail
cistern repair
Removing blockages

Replacing the shield, counter with a new one
Repair of sockets, switches, lamps in rooms
Stove replacement (electric and also gas)
Installation, replacement and repair of electrical wiring

Repair of handles, openings, door locks
Floor repair, flooring replacement
Sealing of walls, openings (during repair)

That is, the services that you personally need to create comfortable conditions in your apartment will be classified as paid.

What to do if the clerk does not fulfill his duties

Currently, there is an acute issue with the quality of public services. According to current legislation homeowners may retain the right to take care of their property. An alternative solution to the issue is the transfer of property management to a specialized company. In most cases, it is almost impossible to “get rid” of imposed services. In addition, management companies actually do not properly fulfill their duties in multi-apartment buildings. The situation looks as if the organizations are engaged only in the calculation and collection of mandatory payments.

Issues related to the residential building should be decided at the general meeting.

The primary management body is authorized to refuse to pay the management company for services of inadequate quality or not provided at all.

At the same time, any of the owners is entitled to apply to the head of the profile company in writing, indicating the problematic issue.

Important: it is best to hand over such appeals, making sure that the second copy is marked by the receiving party. this will be evidence that the housing maintenance office has been notified of the primary claim.

This is how the process of pre-trial settlement of disputes begins. According to the norm of the Law, a response must be received from the Housing Office within 10 days.

If the management company decides to shelve the matter, and simply ignore the appeal, this may be followed by a complaint against the housing office to the housing inspectorate.

This is a special body whose duties include supervision of the work of management companies.

The complaint indicates how the Housing Office does not fulfill its duties, as well as a request to bring the responsible persons of the organization to administrative responsibility. The supervisory authority has 30 days to consider such a complaint. After this period, the grounds for filing a complaint are checked and an order is issued to the management company.

In the event that external repairs or other mandatory services are not carried out, the building management receives an administrative penalty. The presence of two such punishments deprives the right to serve a particular house. If the share of the serviced fund, for which there are serious claims, reaches 15% or more, the company may be deprived of a license altogether.

Methods of influence of the housing maintenance office

In order to part with a negligent manager, there is a collective method for solving the problem.

What to do if the management company does not fulfill its obligations?

You can refuse to provide the services of a management company if such an opinion is supported by more than 50% of the residents of an apartment building. The reasons can be absolutely anything, for example, poor quality plumbing repairs or a broken electrical panel. This right of residents is enshrined in Article 198 of the Housing Code.

The last instance that deals with the resolution of issues in the field of housing legislation is the court. This body deals with issues general, improper repair or quality of services rendered. Owners of residential premises often file claims demanding repairs in their home if the loss of the appearance of the apartment was the result of an emergency state of the fund (for example, a leaking roof or between wall joints). To restore your rights, you will have to incur certain costs, in particular, for an examination.

The inaction that has been observed for years on the part of those living in apartment buildings only increases the state of corruption in the sphere of housing and communal services.

"Savings" due to services not rendered methodically flow into the pockets of officials. At the same time, during inspections, it often turns out that, on paper, services are provided on time and in full.

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