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 discuss the topic of dismissals initiated by the employer. Today we will focus on layoffs associated with repeated failure to perform official duties by employees.

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

What is meant by non-performance 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 the employment contract, local regulations in force with the employer: PVTP, 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 work shift”. If the employee does not fulfill the specified norm during the day, then this indicates poor performance of official duties. If during the day the employee, for some reason, did not make a single call at all (he invented a job for himself or found reasons to shirk from work), then this is a failure to fulfill his duties.

As can be seen from the example, one of the most important documents that establish requirements for the quality of job duties is either another document that specifies labor function employee.

Job description is optional local regulation, but its presence and competent formulations help the employee, his immediate supervisor and HR specialists to determine the quality of the employee's work in controversial or conflict situations.

Very often, when drawing up a job description, streamlined wording is used: "make calls to customers" or "register customer orders." Such vague responsibilities 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 by signing. Otherwise, the actions of the employer can be appealed, indicating that the calls to customers have been made, but the employee was not informed that exactly 40 calls were needed.

What is meant by “repeated failure”?

In practice, very often there are cases when managers complain to HR specialists about the quality of work of line personnel. However, also often, managers refuse to document the revealed violations: a lot of documents need to be drawn up, and, as always, there is not enough time. The HR specialist must understand that oral complaints from a manager should not be considered as failure to fulfill their duties. Therefore, “repeated failure to comply” is a series of documented disciplinary sanctions for various violations of various duties.

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

Let's go back to our example: the employee may (if there will be documenting) to receive for poor-quality performance of official duties, the second, for example, for being late for work.

In 2004, the Plenum of the Supreme Court of the Russian Federation (clause 33 of Resolution No. 2 of March 17, 2004) ruled that in order for dismissal on the indicated grounds to be legal and justified, two conditions must be met simultaneously:

an employee does not perform work duties without good reason;

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

What documents to issue in order to declare an employee a disciplinary action?

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 a personnel officer in the execution of a disciplinary sanction in the article "Loss of trust".

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 memo should include:

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

An indicative text of a memo for our example:

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

It is necessary to explain to the immediate supervisor that a reprimand can only be pronounced if there is a written explanation from the employee about the reasons for the failure to fulfill his job 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 verbally demands an explanatory from the employee). I cannot advise fellow personnel officers of 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 specialists of the personnel department and issued to the employee, necessarily fixing the time of issue of the document. The request is issued to the employee against signature. At the request of the employee, he can be given a copy of the Request.

After two working days, the employee must provide a written explanation. If an explanation is not provided, it is necessary to draw up an Act of Refusal to Provide Explanations. The act is announced to the employee in the presence of spirit witnesses. The employee can sign a sign on familiarization with the Act, or he can refuse to familiarize himself. In this case, the Act is read out to the employee.
The two received documents that fix the violation are submitted for consideration to the head of the organization (or other authorized person) for a decision. The manager, taking into account the available facts, can decide on the collection or on the absence of grounds for it, he can mitigate the punishment or increase it. The leader reflects his decision in a resolution, which he writes on a memo.
Based on the decision of the head of the organization, the HR specialist prepares an Order to impose a disciplinary sanction on the employee.

The procedure for HR specialists may vary depending on the traditions of the organization, but two primary documents are required, since are the starting points for calculating deadlines.

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

There are two disciplinary sanctions. What's next?

So, a HR specialist has two orders to impose disciplinary sanctions, as well as two sets of justifications for them. The orders are signed by the employee and the employer. Acts of refusal to familiarize themselves with documents were prepared and signed by witnesses.

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 a dismissal order 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 familiarize himself with it under the signature, then a corresponding entry is made directly on the order (Article 81, Clause 5 of the Labor Code of the Russian Federation).

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

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

Willingness to draw up a lot of documents quickly and accurately.

Time, because dismissal due to repeated failure to perform official duties by an employee takes about a month

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

Holding appearance a residential building in a proper manner, activities to ensure the safe residence of residents in the building;
Also, an apartment building should be inspected on a regular basis, namely, an inspection before the start of the heating season, and inspections are also carried out if there are problems in the heating, water supply, sewerage or power supply networks. In general, full control over intra-house networks through which residents receive utilities;
Compulsory observance of fire safety rules;
The responsibilities of housing and communal services include regular cleaning of entrances and areas 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 general house meters;

According to the Housing Code of the Russian Federation, the owner of the home has the right to independently take care of his property, he also has the full right to transfer the management of the property to an organization specializing in this type of activity, that is, to conclude an agreement with the management company, and the owner can also do nothing with his property, but in this In the event, it will simply begin to fall apart and eventually become unusable, and no sane owner will allow this, and the main task of the owner is to maintain 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 do their own thing.

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

Let's take an absolutely normal situation for a start, for example, you have a burned out light bulb in the entrance, in which case you must call the dispatch service of your management company and report this problem, within the standard period, you must 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 eliminated and such an algorithm of actions should be repeated for any problem, you call the UK and report the problem, they take action and fix the problem.

Now let's consider an abnormal situation when you apply to the Criminal Code with a problem, but it is not resolved 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, make money for home repairs, and the cost of housing and communal services does not fall, but rather grows every year, but you do not receive anything in return and you see how your property gradually becomes unusable, the windows are broken , at the entrance is dirty, lighting through the floor, with complaints to the dispatch service of the UK

reaction zero.

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

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, at any time it can be terminated, it is terminated if the Criminal Code does not properly fulfill its obligations.

If the Criminal Code improperly fulfills its duties, then a complaint must be written against the management company, it is written not the name of the head of the management company, you can hand it over to an authorized employee of the Criminal Code, or send it by mail, by registered mail with notification. Be sure to write the complaint in two copies, if you hand it in your hands, then on your copy you must put the incoming number, the date of receipt of the complaint and the signature of the person who accepted the complaint. If you send by registered mail, then also write the complaint in two copies, we leave one with ourselves, and send the second in an envelope, the notification that you receive will be a confirmation that you sent the complaint and received it. A notice or a second copy of the complaint will be useful to you if you file a lawsuit or complain to a higher authority against the Criminal Code and a copy of the complaint will confirm that you tried to resolve the problem peacefully 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 councilors at home. 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 service.

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

If your complaint did not work and no response was received from the Criminal Code, then go to point 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. The complaint in this body is considered within 30 days and then 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 to Chapter 3 of this law, which gives an idea of \u200b\u200bhow to defend your rights in case of poorly provided service.

If the complaint to the State Housing Inspectorate and Rospotrebnadzor did not work, then residents have the right to hold a meeting and, on the basis of clause 8.2 of Article 162 of the RF Housing Code, unilaterally refuse to execute the contract for the management of an apartment building, if the Criminal Code does not comply with the terms of this contract, and residents also have the right to choose another Criminal Code or change method of managing an apartment building, at your discretion. For example, residents can select a home management company from a list of companies that have a good reputation in the market for these services and enter into 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 many 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 its head after receiving a complaint, sometimes after being checked 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 will most likely not take such a risk.

I hope that your Criminal Code will come to its senses after receiving the first complaint 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 until they personally encounter any problem. For example, they will get tired of stumbling on the steps in a dark entrance every night, and they will decide to find out who refuses to "turn on the light."

Often, a burned out light bulb in the entrance is either the result of the inattention of organizations, or the indifference of the residents 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 kind pioneers who clean it up. The management company chosen by the tenants is responsible for these and other works that relate to the maintenance and repair of the common area in an apartment building.

But before you demand something, 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 Inspection 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 clarifying relations with a negligent Criminal Code is to try to get a management contract. According to the Housing Code of the Russian Federation, an agreement is concluded with each owner of an apartment on the basis of a decision of the general meeting of owners in writing or in electronic form, Buyanov explains.

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

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

Know the responsibilities of the Criminal Code

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

Make to react

The owners' claims to management companies can be very different, but what to do if the reaction is long in coming? Let's say a problem has been identified: the garbage chute has not been cleaned for several days. It is clear that the situation is not pleasant. The owner of the apartment has already called the control office of the Criminal Code, but no action was taken.

Buyanov recommends, first of all, to proceed from the procedure for making claims established by the contract, and if this did not help, then file a written complaint with the housing inspection. In Moscow, this is the Moscow Housing Inspection, in the Moscow Region - the State Housing Inspection of the Moscow Region.

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

Elimination of emergency situations

It is important to understand that the management organization, within the framework of the contract, provides services that relate only to common property. Services in relation to intra-apartment equipment, which is the personal property of the owner, are carried out at an additional cost. Therefore, if a resident's toilet is broken, he can contact the Criminal Code, and if there are appropriate specialists, they will try to solve the problem, but for a fee.

It is quite another matter if the apartment has suffered as a result of an accident related to common property: damage to pipelines, power outages, blockage of the sewage system 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 informs the dispatcher about the problem or directly calls the appropriate service, which must have an agreement with the Criminal Code for this case, according to which emergency service must 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 a question about eliminating the consequences in the apartment itself. According to experts, the company is drawing up an appropriate act. If there is fault, the Criminal Code must compensate for the damage. If, on the part of the organization, a refusal follows or does not follow an answer, the owner has the right to sue her.

Return of funds

Residents of an apartment building may require the management company to reduce the payment for the maintenance and repair of common property in the event that the management company improperly fulfilled its duties, for example, poorly painted the walls at the entrance, add to the "Kutuzovskaya Riviera".

According to experts, residents 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 a 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 "by sight", you need to familiarize yourself with the management agreement for an apartment building, which will allow you to have an idea of \u200b\u200bwhat can be demanded from the management company, and what will have to be paid for separately.

Good evening! You need to write a Claim of the Criminal Code regarding non-fulfillment of their obligations and set deadlines for elimination (you can make a collective one) only in two copies. If they do not eliminate it, feel free to sue for consumer protection. This is your legal right. I give you a link to the rule of law:

"In accordance with part 2 of Art. 161 of the Housing Code of the Russian Federation, under the contract for the management of an apartment building, one party (the managing organization) on the instructions of the other party (owners of premises in an apartment building, management bodies of a homeowners' partnership, housing cooperative or governing bodies of other specialized consumer cooperative, the person specified in clause 6 h.

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

2.3 Art. 161 LCD RF).

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

Good luck to you! Regards, Tatiana!

How to file a claim with the management company? How to make the Criminal Code 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, while ignoring consumer complaints.

Remember that the relationship between 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 Norms for the Technical Operation of the Housing Fund, approved by the Resolution of the State Construction Committee of the Russian Federation No. 170 of September 27, 2003; Resolution of the Government of the Russian Federation of May 6, 2011 No. 354 "On the provision of utilities owners and users of premises in apartment buildings and residential buildings ", as well as the Rules for the provision of utilities, approved by the Government of the Russian Federation No. 307 of 23.05.2006 (valid partially until 2015); The rules for maintaining 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 performance of work of inadequate quality and (or) in violation of the deadlines, approved by the Decree of the Government of the Russian Federation No. 491 of 13.08.2006.

The specified regulatory legal acts, as well as some other acts, are the legal basis according to which the owners and the management company conclude a management agreement. According to article 162 of the Housing Code of the Russian Federation, the contract for the management of an apartment building 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 can file a claim with the management company.

The claim procedure for solving arising problems can be performed as follows:

1. Make an appointment 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 council of an apartment building (hereinafter - 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, as they blindly believe the reports of their subordinates. Remember: the result of a personal appeal must be an official, that is, a documented promise to correct the situation.

Obligations and responsibilities of the management company

If the management of the management company refuses to enter into dialogue and in every possible way avoids meetings, write a written complaint. 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 an 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 the Decree of the Government of the Russian Federation of May 6, 2011 No. 354 "On the provision of utilities to owners and users of premises in apartment buildings and residential buildings", the contractor is obliged to keep records of complaints (statements, appeals, demands and claims) of consumers on the quality of the provision of utilities, 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 about its satisfaction or about the 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 of consumer protection and human welfare.

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

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 exercises, on behalf of the Russian Federation, overseeing the observance of the Constitution and the implementation of other laws. As part of this area of \u200b\u200bits activities, it should check the work of state bodies, officials and commercial organizations... By submitting an application to the Prosecutor's Office, you signal the inaction not only of the management company, but also of the controlling housing and communal services.

You can also contact the Prosecutor's Office in two ways: in person for an appointment with the district prosecutor (he will enter your claims in a special card), via the Internet reception or by mail. In doing so, do not forget the recommendations that we gave in relation to the 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 defend 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 Protection of Consumer Rights", as well as the MKD management agreement. According to procedural legislation, both individual citizens and their public associations (for example, the MKD council) can apply for the protection of consumer rights. In this case, you will be exempted from paying the state fee.

Cases on the protection of consumer rights are considered by the magistrates' court (with a claim price of up to 50 thousand rubles). A claim can be filed both at the location of the MKD (claimant) and at the location of the management company (respondent). It is compiled in writing, in duplicate (copy for the defendant) with all available written evidence attached.

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

In court, you have to prove that the management company was obliged to perform this or that service (proven by the contract), but did not do it, or did it, but in violation of the requirements established by law for the quality of this service, or the timing of its execution (acts of commissions, expert examinations, photos, etc.). Also, the subject of proof includes the fact of contacting 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 submitted by the parties is insufficient, the court may order a construction or other expertise.

Then the court makes a decision. If it is in your favor, the management company is obliged to fulfill it, as well as (if you asked for 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 is easier to terminate the relationship with an unscrupulous Criminal Code and transfer the house to another organization. This decision is made by the owners at the general meeting.

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

How is the responsibility of ZhEKov regulated?

Responsibilities of the housing office to residents: service, procedure for the provision of services

Demon paid services ZhEKa

Paid ZhEK services

What to do if the housing office does not fulfill its duties

Methods of influence of the housing maintenance office

Life in apartment buildings is in full swing today as never before. The increase in utility bills and the permanent decrease in the level of support for the housing stock raise a lot of questions. In most cases, the indignation of residents has an emotional background, because the owners of apartments do not even know the responsibilities of the housing office, enshrined in the current legislation.

The relationship with the management company is based exclusively on contractual terms (housing contracts). Most often, the revision of contracts with companies is unconditional or has the character of an offer. It is extremely rare for residents to make changes to the proposed editions of contracts, and even less often when an experienced lawyer can review the contract.

How is the responsibility of ZhEKov regulated?

Considering the paid services of the housing office, their necessity or feasibility, it is necessary to apply to the letter of the Law.

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

Housing Code of the Russian Federation. The main document of title;
Code of Federal Laws governing the procedure for establishing (changing, increasing);
A series of Resolutions of the Government of the Russian Federation regarding the procedure for providing communal resources (time to turn on heating, install collective metering devices and other issues).

Responsibility of housing offices is mainly regulated 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 utilities, the obligations of the housing and communal services to the residents must be performed properly.

Responsibilities of the housing office to residents: service, procedure for the provision of services

Residents of an apartment building, paying for housing and communal services, are often not entirely correct, or even have no idea what exactly they can demand from this management office.

Free housing office services

According to the law, the list of mandatory services provided by the housing office includes the maintenance of the common property of the house, its timely repair, cleaning of the territory. Within the framework of these tasks, the housing maintenance office provides free (mandatory) services:

Free housing office services:

Common property care:

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 building canopies
Repair of doorways for general premises, window openings (including glass replacement);
Wet sanitary cleaning at the staircase.

Technical supervision of communications in an apartment building

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

Repair of electrical panels, lamps
Clearing sewer blockages inside the house
Eliminating battery leakage
Repair of water pipes ( welding works, replacement of pipes)
Replacement of taps, van, mixers, toilets in apartments as a result of their physical wear and tear
Water pumping and basement maintenance
Disconnecting risers

Important: replacement of burners, switches, any replaceable elements in stationary electric stoves in an apartment - it is also provided by an electrician of the housing office for free

The number of free utility services is quite large. But it should be understood that the management office deals specifically with 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 is flooded, then all the material consequences will be borne by the housing office.

Paid ZhEK services

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

Of course, the office can provide this kind of services, because its work 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, washbasin, heated towel rail
Cistern repair
Clearing blockages

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

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

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

What to do if the housing office does not fulfill its duties

Currently, there is an acute issue with the quality of the provision of utilities. According to the current legislation, the owners of residential premises can reserve 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 the imposed services. In addition, management companies do not actually fulfill their responsibilities for apartment buildings properly. The situation looks as if organizations are engaged only in the calculation and collection of mandatory payments.

Questions about a residential building are to be decided at a general meeting.

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

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

Important: it is best to hand over such appeals after making sure that the second copy is marked with the receiving party. this will indicate that the home maintenance firm has been notified of the original claim.

This is how the process of pre-trial settlement of disputes begins. According to the provision of the Law, the housing office must receive a response within 10 days.

If the management company decides to postpone the case, and simply ignore the appeal, this may be followed by a complaint against the housing office to the housing inspection.

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

The complaint indicates how the ZhEK 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 the formation of a complaint are checked and an order is issued to the management company.

In the event that external repairs or other mandatory type of services are not carried out, the house management receives an administrative penalty. The presence of two of these penalties denies 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 its license altogether.

Methods of influence of the housing maintenance office

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

What if the management company does not fulfill its obligations?

You can refuse to provide the services of the management company if this opinion is supported by more than 50% of the residents of the apartment building. The reasons can be absolutely any, for example, improper 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 issues in the field of housing legislation is the court. This instance deals with issues of a general nature, improper repairs or the quality of the services provided. The owners of residential premises often file claims with the requirement to carry out repairs in their home, if the loss of the appearance of the apartment was the result of the emergency state of the fund (for example, a leaking roof or 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 field of housing and communal services.

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

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