How to change management company in 2023

Why tenants decide to change the Criminal Code

Residents of apartment buildings often face the fact that management companies not only do not fulfill their obligations to maintain houses, but also charge payments at inflated rates. Attempts to get through to the Criminal Code often do not give any results, and there is nothing left but to change it. That is why tenants may decide to take such a step.

The management company took control of the house illegally

Sometimes tenants learn about the change of the Criminal Code after the fact and simply do not understand how and when it happened. No one informed them about the planned change of the management company, did not notify them of the meeting, did not collect signatures. This is happening in the regions often.

Apartment building management is a profitable business, and for houses (especially from a new fund) there is a struggle between different management companies. In order to gain control over the object, often the decision of the general meeting is simply falsified - bribery of the employees of the management company or the elders in the house is used. Dissatisfied tenants in such a situation may decide to get rid of the Criminal Code they do not know and, for example, return the old one.

The management company does not fulfill its obligations to maintain the house

The management company must perform maintenance work on an apartment building. However, sometimes she does not cope well with her duties or does not fulfill them at all. For example, it does not organize cleaning of common premises, stairs and adjacent areas, does not repair elevators, roof and does not replace important communications. Or it seems to be doing it, but residents still often face poor-quality service or overestimation of the cost of work.

The management company raises the rates

Since tenants are often quite passive about the management of the house and turn it over to the management company, its employees can invent tariffs for non-existent services or make repairs where they are not required, plus at inflated prices.

It is especially convenient to wind up the amount when Monthly payment is reduced to a square meter and the residents simply do not understand what exactly they are giving money for.

All these situations lead to the decision to change the Criminal Code. Regardless of the reasons for which it is adopted, the procedure in all cases will be approximately the same.

What is important to know about the procedure

The Housing Code of the Russian Federation provides owners with the opportunity refuse from the contract with the current management company and make a decision to choose another organization or change the way the house is managed (establish an HOA), if so decided by the general meeting of owners.

If a management company appeared in your house, for which no one voted and did not sign an agreement with it, then the procedure will not be fundamentally different. To change the UK, you will need to follow the same steps. But in parallel, you can try to bring an unscrupulous organization to justice.

To do this, you will need to prove that broken law. Prepare complaints to the housing inspection and the prosecutor's office, demand that the fake protocol be declared invalid through the court and, if necessary, initiate the procedure for bringing to criminal liability.

You can make a decision to change the management company due to violations on its part at any time. But you need to take into account that sometimes it is easier to save your resources and, conversely, wait until the contract with the Criminal Code expires. For example, if there are several months left before this, it is better to wait. But do not forget that if the contract with the Criminal Code has expired, but you have not announced the termination of the contract with it, it will be deemed extended for the same period and under the same conditions as previously provided.

You can also terminate treaty management after each subsequent year from the date of its conclusion, if the general meeting of tenants will decide choose a new CC. This procedure is carried out if you did not choose your company yourself, but it was appointed through an open competition. It is most often carried out in relation to new buildings, since there are still few owners, and the house needs to be managed now.

How to change management company

If you have made such a decision, then you need to take the following steps.

Collect evidence of non-compliance with the duties of the Criminal Code

Correspondence with company representatives, complaints from owners, correspondence in a general house chat, photo and video filming, inspection reports, and conclusions of independent experts are suitable. For the preparation of the latter, expert organizations that have special knowledge are involved. There are a lot of them - you can just search the Internet for a suitable one.

Attract caring tenants to your side

The bigger, the better. Keep an active agitation and highlight problems in common house chats. Fighting the UK alone is quite difficult, and without the support of the majority, it will not be easy to change it.

Prepare the agenda for convening the general meeting

Any owner can initiate the procedure for changing the Criminal Code. First, prepare an agenda for convening a general meeting. Be sure to indicate what it is for. In our case, this is the resolution of the issue of terminating the contract with the existing company and changing it.

In order not to take unnecessary actions, immediately include questions about choosing a way to manage the house, about approving a new Criminal Code and approving the conclusion of an agreement with it.

Notify tenants of the general meeting

Need to do it least in 10 days. Use as many ways as possible to notify: write to the chat at home, place an ad on the doors of the entrances and take photos and screenshots. This can be useful in the event that the decision of the general meeting is challenged due to lack of proper notice.

Prepare a decision sheet and hold a meeting

It is better to do this in full-time form. Do not be lazy and go around the owners who did not take part in the meeting, or write to them and send the decision form. When you contact a person personally, the chances of receiving a completed document from him immediately increase.

Then record the voting results in the minutes of the general meeting. For a decision to be valid, a quorum must be met. According to the current housing legislation, it is considered to be achieved with receiving more than 50% of the votes.

Notify the management company and owners of the decision

If the decision to change the Criminal Code is made, then within 5 days after that you need to notify on the results of the meeting the current company and owners. The contract is considered terminated from the moment when the organization will receive his.

To complete the procedure of the selected management company within 5 days, it is necessary direct the following documents to the State Housing Inspectorate:

• the original minutes of the general meeting and the decision taken;
• register of owners of residential premises of the house;
• register of notification of owners about holding a meeting;
• original voting forms;
• register of citizens who voted in person and in absentia.

Send copies of the protocols to the new CC

After passing through all the steps that were described above, you send copies of the minutes of the meeting to the new CC. Now the management of the house passes to her.

How to choose a new management company and insure yourself

To transfer the house under the management of a new management company, you need to conclude an agreement with the selected company. For this necessary votes of at least 50% of the owners. Residents can sign as one document, and separate forms.

To save time, you can sign the contract immediately at the meeting. After that, the management company submits statement to the body of state housing supervision, and within 10 working days a new house is entered into its license.

Of course, no one is immune from the fact that the same problems will not arise with the new management company as with the old one, but you can try to minimize possible risks. The main thing is to choose a new organization before you terminate the contract with the old one.

The management of apartment buildings is an area in which a huge number of violations are recorded, and finding a good Criminal Code is not an easy task. Therefore, you should do the following:

• Find out which management companies manage neighboring houses. Evaluate visually the quality of their service and, if possible, communicate with the residents.
• Check the licenses of management companies that you like. It can be done Here. Make sure that they are and will be valid for the duration of your contract. If you understand that everything is fine here, proceed to the next steps.
• Look for information about the Criminal Code in open sources. See if she has conflicts with residents, high-profile cases, and whether she has participated in courts. In Moscow, you can see the rating of management companies at portal open data of the Government of Moscow. It is compiled according to three main indicators - the number of violations, the level of reliability and the degree of satisfaction of the population.

When you decide on the list of favorites, check how automated all processes are in the Criminal Code, how tariffs are calculated. And when you move to the stage of signing the contract, do the following:

• Prepare a rough list of works and utilities. This is necessary so that the Criminal Code does not include in the receipt services from the airthat don't really render you.
• Fix the amount of contributions for overhaul. This is necessary to protect yourself from overpayments. For example, the minimum monthly contribution in Moscow is 24.09 rubles per 1 m². The general meeting of owners may establish another indicator, but it cannot be less than this minimum.
• Decide who will be controlled by the owners. Create a commission that will approve the feasibility of the work and control spending on them. Information about it can be fixed in the contract with the Criminal Code.

Thus, you will slightly strengthen your position in relations with the management company and will be able to control it more strictly, at least in terms of tariffs and payments.