Monitors the activities of management companies. Collective statement from residents - sample. Going to court

There are many fundamental problems in Russia that are stereotypes. When talking about our country, they immediately notice a couple of main problems - these are unsatisfactory roads, low wages, and constant problems with housing. In fact, not everything is so terrible everywhere, because problems with roads and money are being solved for the most part, and in general people in Lately doesn't complain. But, unfortunately, the problem with housing remains and there is no way to get rid of it.

And it lies in the following: in the country, the housing and communal services are responsible for each individual apartment building, which in turn completely monitors the house, as well as the surrounding area, and carries out repairs in cases where it is necessary. To put it simply, housing and communal services ensure the functioning of houses and make sure that people feel comfortable living in these very buildings. These organizations receive a certain amount of money for their activities.

But not everything is so transparent, not every one of them is so honest with residents apartment buildings. Very often it happens that the management organization simply becomes impudent and begins to steal money from residents, in literally this word, although many may not even suspect anything. That is why there is a body from above that supervises management companies.

Organization of regulatory authorities

In order to understand how to check a management company, you need to understand what rights residents generally have and what authorities state power must do this. In total, there are three levels of organization that inspects government management companies: local, regional, and federal, all of them have their own characteristics and are needed for a specific purpose.

Federal level

Far from being the main level among those who control the work of management companies. This method is not the main one, while they only issue some instructions, instructions on how to conduct housing, introduce only some principles and features, and this level consists of several state parts:

FAS Russia (Federal Antimonopoly Service of Russia) is the part that controls tariffs in the areas of water and heat supply and determines the maximum possible cost of payments from which housing and communal services should be based.
Ministry of Construction of Russia - which determines drawings and schemes for heating and water supply of houses.
Ministry of Energy of Russia - which determines the quality of housing and communal services provided. Describes their laws, rules, permits and, in general, the entire concept of management companies, and also checks the accounting for the economic part (Payments for heat and water).

Regional level

The same level that itself exercises control over management companies. Checks how the instructions from above, laws and guidelines are fulfilled. Management companies in this case are subordinate to a special body - the state housing supervision, which carries out all kinds of checks on the following parameters:

How correctly the maintenance and care of living quarters is carried out.
Tariffs and fees for various services provided by the management company.
Carrying out redevelopment of buildings according to certain standards.
Transfer of various premises from residential status to non-residential status and vice versa.
Formation of funds for home repairs.

In cases where violations are detected, the authority can suppress and eliminate them at the expense of the management company that allowed them. It is also worth noting that, guided by SanPiN standards, this part also monitors the safety and quality properties of the services provided: water quality, its composition, both chemical, biological and radiological. In addition, the noise level, humidity and ventilation quality are checked.

Municipal level

Most often, this is an organization within a city organization that carries out inspections of management companies. These bodies are also entrusted with responsibilities that must be carried out regional level. All these scheduled checks should be carried out once a year. In cases where complaints arise from residents, unscheduled inspections are carried out. Based on the results, a report must be drawn up with a conclusion on the inspection of the management company. Most often, such a check of the management company is effective.

Residents as a controlling body

Residents can also act as a body that controls the housing and communal services management company, since an agreement has been concluded with them on the provision of certain services. That is why residents can request an inspection that will be carried out in relation to the quality of these same housing and communal services.

Residents can request full reports for 1–2 years, based on which it will be clear how honestly the management organization keeps records. If something doesn’t add up, residents can go to court or a regulatory authority. It is important to note that a collective letter will speed up this process. The more residents connect, the faster the issue will be resolved. If the court confirms illegal actions, then all fees will be reimbursed to the residents.

Audits

The audit consists of checking the transparency of the housing and communal services management company; it is carried out according to certain criteria on which the audit conclusion is made. The correctness of all papers, declarations, etc. is checked. This is done by a special person called an audit. In conclusion, the audit makes recommendations for improving the performance of housing and communal services.

Checking the housing and communal services management company for honesty in three stages:

Controlling authorities in the housing and communal services sector are sometimes not honest, so you have to carry out the inspection in such a way that it is really fast, minimally expensive both in time and in resources and, accordingly, has the maximum impact.

First stage: Gathering information

In order to start checking management companies, you need to be able to study documentation and be quite patient and attentive in this regard. From the management company, collect all the necessary packages, which spell out the tariffs for all services provided by the company. On behalf of the owners, write a statement with which to request settlements. You need to get as many papers as possible.

Second stage: Checking calculations and work performed

Check the accuracy of the organization’s calculations, as well as the justification for the reason for payment for services. It is also advisable to check whether these services were actually performed in full, as well as their quality.

If you can’t do the recalculations yourself to check them correctly, then you should turn to professionals for help. Such expenses, as a rule, most often pay off, but it is worth remembering that you need to take this action in cases where there really is a suspicion of dishonesty of the management company.

Third stage: Final

This actually ends the supervision in the housing and communal services sector. If, in conclusion, the management organization is still unclean, then the next step is to go to court, and also warn the residents that they will have to write a complaint against the management company.

Registration and filing of complaints against the management company

In order for the financial check to be completed economic activity The management company's authorities most often have to file a complaint, which is subsequently filed with the court, prosecutor's office, inspectorate or other government department that deals with this.

Drawing up a complaint

Before contacting the supervisory authority, you need to try to get a response from the Criminal Code itself; if the response is not satisfactory or there is no response at all, then you can begin to file a complaint. This is done using samples for filing complaints against the Criminal Code.

Complaint to the housing inspection

The work of this state part is aimed at protecting consumers, that is, residents, but do not forget that it only deals with certain part possible problems, this was described above. Otherwise, you will have to contact another government agency.

Complaint to the prosecutor's office

The prosecutor's office is not the one who controls the work of housing and communal services management companies, but still in cases of illegal actions, but it can do the work if the violations are related to cash flow. As a result of the case, it will be possible to bring the organization to criminal liability for committing illegal actions.

Complaint to court

When the bodies that control the work of housing and communal services management companies fail, it is possible to turn to a judge and resolve conflicts and issues related to the Criminal Code and in court. This requires more time and effort, but is more practical than other methods.

Complaint to Rospotrebnadzor

This body, again, does not belong to those who control the activities of management companies, but at the same time, when the rights and laws “On the Protection of Consumer Rights” are violated, in cases where services are not provided in full, or are not provided at all.

Ideally, the management company should once and for all relieve homeowners from the hassle of maintaining the property. But in reality, housing offices themselves often become a source of problems - they work ineffectively, waste money, or even try to save money to the detriment of residents. How to take control of a management company while saving energy, time and money?

Problematic housing office - what residents are dissatisfied with

Conflicts between residents of an apartment building and the management organization are a fairly common occurrence. Owners are even more often dissatisfied with utilities suburban housing. Most citizens' complaints against the Criminal Code boil down to three points:

Tariff increase
Poor performance of duties
Inappropriate expenditure of funds

How to influence the work of a management company

On January 1, 2015, a licensing system for utility organizations was introduced in Russia. Only qualified companies that pass certification will be able to work in the housing and communal services sector. To do this, they need to have the material and technical resources to manage the house, have a certified manager on staff and, most importantly, not have administrative penalties from the State Housing Inspectorate.

If earlier some housing offices brushed off official complaints from citizens, now it has become unsafe to ignore consumer indignation. The license required for work may simply not be given, and an existing one may be revoked. Housing supervision authorities have the right to file a corresponding lawsuit in court if the management company’s assets include more than 15% of “problem” houses with dissatisfied residents.

If the work of the management company does not suit you, there are several ways out of the situation:

Try to negotiate with utility companies

Officially request all the necessary information about tariffs, ask to explain the reasons for poor quality work and eliminate shortcomings. Perhaps the cause of the problems is not malicious intent, but the connivance and laziness of individual employees. In this case, active and justified consumer dissatisfaction stimulates the management company to improve.

Write complaints to housing supervision authorities

According to the law, the State Housing Inspectorate is on the side of the residents. Its intervention with the prospect of fines and other administrative measures, including license revocation, should become a “cold shower” for careless utility workers.

Change the management company

You can wait until the unscrupulous management organization leaves the market " naturally”, having lost their license due to numerous violations, or speed up the process of parting with annoying utility workers. To do this, you will have to organize a meeting of owners and vote for the resignation of the management company. The legal reason for terminating the contract is the expiration of its validity period, as well as justified claims against the housing office. For example, poor quality performance of specific services.

After the old management company is “overthrown,” it is important to competently approach the search for a new utility organization. When choosing, you need to take into account the company’s experience, reviews of other residents and the history of conflicts between utility companies and consumers. In addition, it is always useful to contact a qualified auditor who will provide an independent assessment of the professionalism of a particular office.

City dwellers mostly spend their lives in apartment buildings. Their maintenance is carried out by a homeowners association (HOA) or a management company - the final choice is up to the owners. Residents rely on the efficient and competent work of those who have been entrusted with common property. But what to do and what to do if the management company is of no use, its actions and decisions are unlawful, or it is completely inactive. It is important to understand and figure out where to complain about the management company; is there any real benefit from such complaints?

Homeowners, having chosen a company, enter into a management agreement apartment building. If it is correctly drawn up and complies with the law, then it explains to which body and for what specific reasons to file a complaint. Federal, regional and local legislative acts explain this procedure in detail, and the decision of the general meeting of owners approves the final choice of residents.

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What's there to complain about?

Most often, home residents complain about:

inadequate level or frequency of housing and communal services (HCS);
improper preparation of the house for the supply of utility services, mainly on the eve of the heating season;
failure to provide the required interim or final report or improper reporting by the management company;
procedural violations in holding a meeting of owners or failure to hold such a meeting;
failure to comply with other terms of the apartment building management agreement.

How to properly draft and submit a complaint?

The management company is obliged to professionally perform its functions and provide services of appropriate quality, as well as report for the work done to those who pay for its work. Consequently, residents of an apartment building have the full and legal right to any evasion of work to higher authorities. For example:

the entrance needs cosmetic or major repairs;
the elevator or garbage chute is broken;
apartments are poorly heated or there is no heating at all;
Light bulbs in the entrances, including the staircase, were knocked out or burned out.

You can find out who to complain to about housing and communal services, and how exactly, by carefully studying the details of the legislation and understanding general rules on writing a complaint.

Complaint form– arbitrary, written by hand or on a computer. It is necessary to indicate the addressee, that is, a specific government agency, where the appeal is sent. You should fill in the applicant's first name, patronymic, last name, his contact information: telephone number - home and mobile, email, return postal address where the response should be sent. It is recommended to indicate the registration address of the complainant or his representative or a post office box.

Directly in the text of the appeal, violations of the management company are listed, specific terms and duration of improper actions, the exact address of the house, entrance, floor and apartment are indicated. It is advisable to provide links to regulations, where the violations are named: Code of Administrative Offenses (CAO), Housing Code, Sanitary Rules and Standards (SanPin), City Government Resolutions, federal laws and other legislative acts. Mention a violation specific article and a clause in the agreement with the management company.

The appeal must be stated clearly and in clear language, legible handwriting and not allowing for ambiguous interpretation of phrases. If necessary, additional documents are attached: photos of violations, contracts, reports or other documentary evidence of the company’s unlawful actions.

Claims may end with a request to fulfill any requirement to the required extent and within a period clearly defined by law. The essence of the complaint is certified by the applicant’s signature and its transcript, and the date is affixed. When submitting a collective appeal, information about each tenant is indicated.

Complaints to the management company and to other government agencies should be written in duplicate. The first one must be accepted at the organization’s office and assigned an incoming number with a date. The second copy is also marked with a number and date, and is handed over to the applicant. An explanation must be given of the time frame and how the response will be given. The reporting period begins from the day the application is submitted and, according to the general rule for applications to a government agency, is no more than 30 days. There are more short time- based Federal Law “On Protection of Consumer Rights” a response to a claim against the management company must be received within 10 days.

Both complaints must contain the signature of the employee who received it and his position. These formal requirements certify the fact of contacting the appropriate authority. If it is not possible to file a complaint in person, it must be sent by registered mail with acknowledgment of receipt.

Filing a complaint against the management company to higher authorities

If a complaint sent to the management company remains unanswered or the answer does not satisfy the residents, then the question of where to complain about housing and communal services has several answer options. According to procedural rules, appeals against any actions can occur with the participation of higher organizations, namely the housing inspection, Rospotrebnadzor, and the prosecutor's office. After the mandatory out-of-court procedure, the statement of claim is sent to the judicial authorities.

Contacting the Housing Inspectorate

You can find contacts for the housing inspectorate in your region on the Internet. For example, here is the website of the State Housing Inspectorate of the city of Moscow - https://www.mos.ru/mgi/

When contacting the housing inspectorate, you should know that it, as a state body, supervises:

proper implementation of housing maintenance rules;
compliance with standards and norms for the use of housing;
compliance with the timing and quality of preparation for the heating season;
compliance with standards for residents to receive utility services;
the legality and compliance with the norms of legislative acts when convening a general meeting of homeowners, the direct selection of a management organization;
compliance by the management company with regulations.

The work of the housing inspection is aimed at protecting the rights of apartment owners and preserving their homes. It is obliged to check how the management company performs its functions, and if violations are detected, it will indicate the need to eliminate them. Approximate dates to comply with such an order is one month. If violators are identified, the inspection has the right to bring the perpetrators to administrative punishment.

Example of a complaint to the housing inspection
(click to enlarge)

In addition to the standard procedure for filing a complaint, on the websites of the regional housing inspection you can use the service for online contact with the supervisory authority.

Contact Rospotrebnadzor

Complaints to Rospotrebnadzor regarding management organizations are received in the following cases:

inconsistency of the agreement between the management company and residents with the standards Federal Law“On the protection of consumer rights”;
violation of the rights of residents to provide complete and reliable information about the provided housing and communal services;
the need to check financial statements, including documents confirming payments, for compliance with their reality;
establishing the need and justification for changing tariffs and fees for housing public utilities.

When contacting Rospotrebnadzor, it lists which authorities residents have already contacted and talks about the results of filing complaints. If violations are detected, Rospotrebnadzor is obliged to take the necessary measures to eliminate the violations; after the inspection, sanctions are possible against violators.

Submitting an application is possible either in person or by filling out an online form on the website of the government agency.

Contacting the prosecutor's office

You can also find the prosecutor's office in your region on the Internet. Here is the website of the Moscow prosecutor's office - http://www.mosproc.ru/

The prosecutor's office takes measures to identify violations in:

intentional or unintentional misappropriation Money, expressed in economic crimes: robbery, fraud, misappropriation, embezzlement;
inaction or unlawful actions of supervisory or regulatory authorities.

The prosecutor's office is conducting an investigation and investigating all the circumstances of the case. Based on its results, it will be possible to prosecute violators, including criminal liability.

Going to court

Having found out for what reasons and to whom to complain about the management company, you can contact the judicial authorities. Procedural norms allow residents to write a statement of claim after a pre-trial settlement of an issue or an unsatisfactory result of an inspection. The court will consider the appeal if the case concerns material claims, and it is necessary to clarify the amount of compensation for damage caused to residents or the property of the owners. For example, a dilapidated tree that was not cut down in time or a poorly secured pole fell on a car, poorly cleared snow or an ice-covered path near a house caused injuries to residents.

According to civil law - Article 28 of the Civil Procedure Code (Civil Procedure Code of the Russian Federation)— the filing of the statement of claim takes place at the location of the management organization, unless the agreement specifies other jurisdiction. The requirements for the content of the claim are listed in Article 131 of the Code of Civil Procedure of the Russian Federation, according to which it must contain:

name and full details of the court, plaintiff and defendant, including their location;
the essence of the stated requirements is a description of the violation of the rights or interests of the plaintiff;
evidence of the substantiation of the statement of claim and the circumstances of the case;
monetary requirements and their justification;
a list of government bodies to which the plaintiff applied for pre-trial settlement;
necessary additional documents and their listing.

The claim must be accepted for proceedings five days after filing or returned to the applicant with a requirement to eliminate violations when filing it. Execution of court decisions occurs either voluntarily or with the participation of bailiffs.

Often, residents who have entered into contracts with management companies are not satisfied with the results of the latter’s work. Every now and then the media flashes messages exposing employees of the Criminal Code who wrongfully charge utility bills and rob ordinary citizens for their own benefit. In light of such publications, the attitude towards management companies is particularly negative.

Who do management companies report to? Where can you complain if you are not satisfied with their activities? And how to achieve this real result? Who controls the performance of their own duties by the management company of apartment buildings?

Here is a list of those organizations that it is traditional to contact in case of dissatisfaction with the work of the management company. First of all, residents go to the head of the company himself, the next authority is the State Housing Inspectorate, and in addition, they can contact Rospotrebnadzor, the prosecutor's office and the court. Let's take a closer look at the nuances of the procedure for applying to each of the mentioned authorities. Where should I file a complaint against the management company first?

We go to an appointment with the director of the management company

Some owners believe that a written appeal to the management organization itself is ineffective and does not make much sense. But this conclusion is incorrect. It is usually based on numerous verbal demands, which often go unanswered. But if you send a written complaint to the management company, the effect, as a rule, is obvious. The management company rarely tries to “download rights” in such situations. Obviously, its employees are well aware that a written statement from residents means one thing - people's patience has been exhausted, and the likelihood that complaints will be filed is quite high.

In order to prevent washing dirty linen in public, the management of the management company is trying to quell the dissatisfaction of the owners at this stage. That is why the requirements of residents, set out in the application, are often satisfied quite easily and quickly, especially if the amount of work is not too large.

The legal basis for interaction between residents and representatives of the management company is the Federal Law “On the Protection of Consumer Rights”. Based on its provisions, it is possible to raise the issue of inadequate quality of the service provided to the customer. A written statement containing an appeal of this nature can be considered a claim demanding the elimination of identified deficiencies.

What's next?

Such a statement of claim must be considered within 10 days (and not 30, as in the general case of consideration of complaints). The application will need to be drawn up in two copies, one of which is transferred to the Criminal Code, and the second (stamped with a date and signed by the secretary) remains with the applicant. The number on the statement serves as the starting point for the mentioned 10 days.

After given period In case of inaction of the Criminal Code, more serious measures can be taken. The application must be provided with information about feedback methods (postal or email address, contact phone number). Of course, theoretically it may remain unanswered or it will be of a purely formal nature. If the issue is still not resolved, it makes sense to think about where else to file a complaint against the management company. We are going to other authorities.

Let's go to the State Housing Inspectorate

The result of a complaint to the State Housing Property Inspectorate against the management company is always a very serious inspection, the result of which, most often, is bringing the perpetrators to administrative responsibility. The head of the company will be fined and given an order to eliminate a number of violations, and these may include those for which no complaints were received, but an audit showed their presence. If this order is not fulfilled within the prescribed period, the Criminal Code will face new fines.

The GZHI has the competence to handle almost any issue related to technical maintenance of an apartment building. We are talking about compliance with the rules of operation of such a house and standard calculations (standards) for its maintenance, preparation for the heating season, and compliance with the deadlines for general meetings residents, about choosing a management company and vesting it with the necessary powers. It is this body that is aware of all the responsibilities of the management company of apartment buildings.

Where to look for information

Where can I complain about the management company in Moscow (and not only there)? Each city has its own housing inspection, which has an official website where the most in detail all the necessary information is reflected. First of all, check the location of this organization. A complaint can be submitted either in person or by registered mail. You can also use electronic form directly on the site.

The servicing of the house must be submitted on behalf of one of the owners of the apartment located in it. An indication of the name of the management company is required. It is advisable (but not necessary) to provide the address of her office. Rules business correspondence At the beginning of such an appeal, they suggest references to the norms of the law, which emphasizes the applicant’s knowledge of his own rights.

Next comes summary essentially listing the actions that the management company is supposed to perform and indicating the absence of such. Or the gross violations that have taken place are listed. It is explained that repeated written appeals to the management of the management company did not bring results. The statement ends with a request to conduct an investigation into the stated facts and the impact on the Criminal Code, which, as a rule, is expressed in an order to oblige it to eliminate all violations.

Design details

The appeal may also contain demands to bring the perpetrators to justice. At the end of the application, the address for the response is indicated (e-mail is an option). The attachment will include copies of appeals to the management of the Criminal Code, photographs where violations were recorded, and other documents that are directly related to the case.

As with any application, the date and signature of the resident are placed at the bottom. If the complaint is of a collective nature with big amount signatures, this gives it additional weight.

As a rule, the inspection by the State Property Committee is objective and very thorough. The inspector, in addition to the facts stated in the complaint, can identify many additional shortcomings in the work, sometimes very serious, and demand that they be eliminated without fail under threat of sanctions.

Where can you complain about the management company, other than GZHI?

An alternative option is a complaint to Rospotrebnadzor. It is based on the requirements set out in housing legislation, the Civil Code of the Russian Federation, and the law on the protection of consumer rights. Appeals to this organization are accepted in cases of violation of legislative norms in the process of drawing up contracts between residents of apartment buildings and the management company. Another serious reason to write a statement to this organization- if the management company refuses to provide apartment owners with information about utility services (their quality, volume and timing of provision).

Rospotrebnadzor, in addition, if necessary, checks the accounting statements related to the company’s activities if legitimate doubts arise as to whether the actual expenses incurred correspond to those declared. This body also considers issues related to unjustified increases in tariffs and amounts of payment for utility services.

This department has broader powers than the housing inspection. For example, the right to return money to homeowners in the case of a management company (in in this case we're talking about about failure to fulfill the duties of the performer) is only available to Rospotrebnadzor. Before directly filing a complaint against the management company, you should definitely present a demand to the company itself as the provider of the service (seller).

Rospotrebnadzor will help you

If a negative response is received to an application made in the form of a written complaint (or there is no response at all), we move on to direct influence on the management of the management company through Rospotrebnadzor by requesting an unscheduled inspection. Sometimes situations occur when the management of the management company unsubscribes from the applicant, assuring that the shortcomings have been completely eliminated, but in fact no measures have been taken. IN similar cases Rospotrebnadzor will also help.

If the situation suggests possible harm to health (for example, huge icicles hang from the roof of a house, which begin to fall during the thaw and can cause serious danger to people), and the management company is inactive, in this case the best option is to immediately form a collective a complaint to Rospotrebnadzor, bypassing any written negotiations with the company. As a rule, verification by its employees is carried out quite quickly.

Where can you complain about the management company servicing your home? Go to the Rospotrebnadzor website and find out where your territorial authority is located with all contacts and address. There are also public receptions of this organization, where you will receive similar information. The stands there contain information with addresses for filing complaints. You can do this through the Internet reception or by mail with a notification, as well as by e-mail. Do you want to know, for example, where to complain about a management company in Moscow? In addition to all the options listed above, it is also possible to send a request by fax to the number listed on the website.

How to properly write a complaint against a management company

There are no specific requirements for the text being compiled. But the application must contain the information of the head and the name of the government body, as well as information about the applicant indicating (preferably) an email address. The essence of the problem to which you are trying to involve the Rospotrebnadzor authorities should be stated briefly and in business-like language, accompanied by documents that can confirm the legitimacy of your claims.

All Additional materials are submitted in applications. If we are talking about incorrectly accrued payment amounts, a full calculation should be provided. Rospotrebnadzor has the right to oblige the management company to return to the tenant the funds wrongfully withheld from him, but to do this, the official carrying out the inspection needs to understand exactly how the accrual occurs and where certain figures come from. Therefore, in the application, residents should describe the situation in detail, citing specific charges and indicating the time period.

Attached to the application are copies of all complaints written before the current appeal to the management of the Criminal Code, to the housing inspection. Links to relevant articles are welcome Housing Code RF or Federal Law "On Protection of Consumer Rights". As a rule, Article 4 of the mentioned Federal Law is always mentioned, containing a provision on the obligation of the seller (performer) to provide a service of the quality corresponding to the contract.

What exactly should be specified

In each specific situation, the complaint describes the actual actions in comparison with the quality of services stated in the contract. The emphasis in the appeal is on the violation of the rights of the tenant as a consumer. As an example of management companies’ failure to comply with the most different types services, you can cite repeated facts of the use of inflated tariffs, the inclusion in the payment receipt of amounts for services not actually provided, fictitious payments service personnel(for example, cleaners or janitors who are formally hired, but in fact do not perform their own duties).

If the service stated in the contract (for example, garbage removal) was not actually performed for a certain period, you can demand the return of the funds paid at that time as overpaid. This also includes a requirement to oblige the management company to return funds unlawfully withheld from residents.

The application will not be considered if it is drawn up with violations (the contact information of the person who wrote it is missing, the text contains offensive attacks or profanity) or is illegible. In the latter case, if the applicant has contacts, he will be sent a notification within seven days with a proposal to rewrite the document. Repeated statements (duplicates) and similar ones to which answers have already been given are also not considered.

We go to court and to the prosecutor's office

Where can I complain about the work of the management company if all the regulatory authorities have not taken any action on the submitted applications? In this case, the district prosecutor's office is the next authority to go to. If you immediately go there, bypassing intermediate authorities, most likely, the appeal will still be forwarded to the State Housing Inspectorate or Rospotrebnadzor.

The prosecutor's office will take into account your complaint only in a situation of repeated and particularly malicious violations of the law by the management company. Most often - if gross violations consist of a repetition of an illegal action (or inaction), which had previously been recognized as contrary to the law, according to which penalties have already been imposed. For example, a citizen’s complaint reveals a multiple increase in heating tariffs. This may become a serious reason to bring the management of the management company to administrative responsibility and pay a serious fine.

In case of repeated violations and persistent reluctance of the management of the management company to put in order the system of settlements with residents, prosecutors have the right to achieve a complete cessation of the activities of the management company. If necessary, residents will be advised to contact the management company.

The most serious authority

They usually go to the prosecutor's office when all the complaints filed with other authorities have not brought results, and people are at a loss - where else can they complain about the management company? If violations from the residents’ point of view clearly occurred, you should contact the district prosecutor’s office. There is no point in bringing your complaint to the regional office right away, since first of all your appeal will still be sent to the district office, which will only lead to a delay in the consideration time.

The standard waiting period for a response to the facts stated in the application is the same 30 days. If there are grounds, the district prosecutor prepares a special act under which the perpetrators will be held accountable. When drawing up an appeal to the prosecutor’s office, you should definitely indicate that previously complaints were repeatedly filed with the State Housing Inspectorate and Rospotrebnadzor, as well as with the management of the Criminal Code itself, and emphasize the lack of results.

What to write to the prosecutor's office about

An appeal to the prosecutor's office must contain a request to conduct an investigation financial activities specific management company. Your requirements should be explained by citing facts indicating abuses and obvious violations, indicating exact numbers and dates. References to articles of laws will also help.

As in complaints to previous authorities, the statement ends with a request to bring the perpetrators to justice and inform the applicant about the results of the consideration of specified address Email.

Copies of payment receipts and appeals to other authorities, as in the cases discussed above, are submitted as attachments. After checking the management company by the prosecutor's office, a conclusion is made as to whether the actions of the management company are legal or illegal, and then the issue of drawing up a prosecutor's response act is decided, according to which the company's management is obliged to immediately eliminate all identified deficiencies. Otherwise, its activities will be suspended.

In what cases should I go to court?

Where can you complain about the management company if you suffered damage through its fault? Issues related to the recovery of losses due to actions or inaction of the management organization are usually resolved in court. This is done when, according to complaints filed with various authorities, shortcomings in the company’s work have been eliminated, but the damage caused to the tenant has not been compensated. Then a lawsuit is prepared according to generally accepted rules.

As an example, we can cite a situation where, due to the intervention of the State Housing Inspectorate, snow or large icicles were still removed from the roofs of houses, but before that, due to falling pieces of ice, a car standing near the entrance was damaged. Another situation is when old pipes that were scheduled to be replaced burst, resulting in flooding of the apartment and damage to expensive repairs.

Sometimes the prosecutor's office can act in court as a representative of the interests of a citizen. Its employees can independently prepare a claim and take part in a court hearing.

Such organizations control many areas of the management company’s activities, namely:

List of regulatory authorities in this area

Federal level

At the federal, that is, state level, the Criminal Code is controlled by the following bodies:

Ministry of Construction of the Russian Federation. This government body is responsible for approving standards for public services, criteria for their quality and the procedure for their provision. The Ministry of Construction also regulates financial side accounting of thermal energy and water.
Ministry of Energy of the Russian Federation. Such a body develops schemes and standards for heat supply to houses, which all management companies must adhere to.
Federal Antimonopoly Service. It is engaged in determining the principle of pricing for resources and utilities.

Regional level

The main control over the activities of management companies in the housing and communal services sector lies precisely with the authorities at the regional level, which are the following organizations:

Goszhilnadzor (housing inspection). The main task of this organization is to conduct supervisory inspections of the work of service organizations in the housing and communal services sector. Such checks concern the housing and communal services company's compliance with all legislative requirements in the field of housing and communal services. It is this body that is authorized to take part in the licensing of management companies.
Tariff Committee.
Rospotrebnadzor. Such an organization checks the quality and safety of public services, guided by SanPiNs.

At the regional level, control in the housing and communal services sector is carried out not only by official government services, but also profile non-profit organizations. There is a whole network of regional centers, the development of which is supported by the Russian Ministry of Construction.

Rospotrebnadzor also monitors the quality and safety of public services. His tasks include:

At the federal level, the quality of work of management companies is controlled by a commission of the Ministry of Construction. It is this body that develops rules for the maintenance and repair of apartment buildings.

Services monitoring tariffs

This authority is the Tariff Committee. In some regions there is no such authority, but in this case its responsibilities lie with such authorities as the regional energy commission or regional ministry energy. The work of the Tariff Committee is regulated by Federal Law No. 210.

At the federal level, the cost of utility tariffs is regulated by the Ministry of Energy and the Federal Antimonopoly Service.

Step-by-step audit of the activities of the management company

If apartment owners are not confident in the honesty of their management company and the quality of the services provided to it, then they can check its activities. How to carry out this check should be described step by step:

Control of the management company’s activities is carried out by special government agencies; apartment owners themselves can also check the work in the housing and communal services sector and control tariffs. Moreover, it is better to carry out such a check at the first sign of violations.