Problems of managing apartment buildings in pdf format. Practice, problems and prospects for managing apartment buildings

Effective management of a residential building. Subbotin V.N.

M.: Eksmo, 200 8 . - 224 s. (Newest Legal Directory)

The book is devoted to a very current topic - the management of an apartment building. The publication was prepared taking into account the practical experience accumulated by specialists from different cities of the Russian Federation.

This practical guide outlines the procedure for managing a residential apartment building by a homeowners' association, housing cooperative, housing construction cooperative, management company and directly by the owners of the building's premises. The methodology and mechanism for applying each management method are also given, the organization of the management process of an apartment building is shown, and the principles of drawing up an annual management plan are considered.

The book will be useful to managers and lawyers of management organizations, specialists of housing and communal services management bodies, proactive owners of premises, other persons involved in the management of apartment buildings, students of economics and law universities.

Format: pdf/zip

Size: 6.3 MB

Download:

RGhost

CONTENT
Preface 5
To readers 7
Introduction 9
Chapter 1. Management of an apartment building: general concepts 12
1.1. The concept of an apartment building 12
1.2. Common property in apartment building 18
1.3. The right of common shared ownership of common property 27
1.4. Management concept. Goals and objectives 34
Chapter 2. Organization of choosing a method of managing apartment buildings 39
2.1. General provisions 39
2.2. Choosing a method for managing an apartment building by premises owners 40
2.3. Choosing a method of managing a local government 49
2.4. Transfer of houses for management to owners or their authorized persons 62
Chapter 3. Methods of managing an apartment building. 71
3.1. Direct control 71
3.1.1. General characteristics of direct control 71
3.1.2. Preparation for direct management 73
3.1.3. Implementation of direct control 74
3.1.4. Management process 74
3.1.5. Provision of housing services 74
3.1.6. Provision of utilities 80
3.2. Management of residential buildings by homeowners' associations, residential complexes, housing cooperatives 82
3.2.1. General characteristics of method 82
3.2.2. Preparation for managing an apartment building through the creation of an HOA 86
3.2.3. Management process 89
3.2.4. Providing housing and communal services. . 94
3.3. Management of apartment buildings by a management organization 97
3.3.1. General characteristics of the home control method 97
3.3.2. Selecting a management organization 98
3.3.3. Management Contract 101
3.3.4. Activities of the management organization for the management of an apartment building 103
3.4. Comparative characteristics of methods of managing an apartment building 106
Chapter 4. Organization of the management process of an apartment building 110
4.1. Annual management plan for an apartment building. ... 110
4.2. Provision of housing services 130
4.3. Financing by local governments of capital repairs of an apartment building 143
4.4. Provision of public services 157
4.5. Quality control of housing and communal services 165
4.6. Organization of information work in the management of an apartment building 170
4.7. Working with defaulters 188

. Since 2004, legislation in the housing and communal services sector has undergone many changes. After the release of the new Housing Code and other regulations, along with the positive effect, certain problems appeared. If you carefully analyze the situation regarding the further development of housing reform and understand how the norms of the new housing legislation work, it becomes obvious that all existing problems require both understanding and their solution. We will try to understand the most basic issue of ensuring that management companies fully comply with the provisions of Article 161 of the Housing Code of the Russian Federation on ensuring favorable and safe living conditions for citizens, as well as proper maintenance of the common property of apartment buildings.

Management problems.

The housing and communal services sector is perhaps the only sector of the Russian economy that is outside of market relations. Over the past 10 years, at various levels of government they have been talking about reform of the housing and communal services sector, but the practical movement towards the market in the housing and communal services industry has been carried out at an extremely slow pace.

With the introduction of the new Housing Code of the Russian Federation back in 2005, it was planned to change the attitude of both the owners of apartment buildings and organizations involved in servicing the housing stock towards improving the quality of service while simultaneously adequately perceiving the population of responsibility for the safety of this stock. However, stereotypes regarding the work of the housing and communal services system that have developed among the population over the years make work in this direction quite difficult.

After all, what has changed with the introduction of the new law? Yes, in principle, it’s okay, only that new forms of managing apartment buildings have begun to appear on the market. But what about the housing stock itself? But this is the main problem. Take, for example, the housing stock of the central - the oldest districts of our city. Yes, residents of many houses, in accordance with the law, exercised their right to choose and began to actively engage in the creation of HOAs and the selection of new management companies. But mostly this happened in prosperous houses. What was left for the residents of the worn-out housing stock? After all, everyone understands perfectly well that creating an HOA on a house, for example, built in 1890 with a degree of wear and tear of more than 70% is simply unrealistic and economically unprofitable. Therefore, in accordance with Decree of the Government of the Russian Federation No. 75, district administrations held competitions and the houses were transferred to management companies. There was simply no other option. Someone must manage the house, maintain it, prepare utilities for winter use, and much more.

Dilapidated facades of houses, entrances that have not been cleaned for years, broken asphalt, constant emergencies on communications are what have been transferred to management. And for some reason no one thought about how it is possible to manage a house of 15-30 apartments using the funds contributed by its residents to maintain the common property of the house in such a technical condition. After all, in accordance with the same Housing Code, the management company is obliged to use residents’ funds only for a specific house. And in vain, many residents think that when the house was transferred to management, the management companies received additional funds from the city budget. No, we got what we got. The house itself with its problems, underrepairs and many other shortcomings. So it turns out that the salvation of drowning people is the work of the drowning people themselves.

A residential building that has cracked and requires urgent work to strengthen the foundation does not have funds in its account to carry out expensive work, but for some reason the blame for resolving this issue falls on the management company, which took over this house in such a deplorable technical condition. Where is the responsibility of the state?

Unfortunately, today, inspection organizations have a somewhat one-sided approach to identifying and eliminating violations of the technical maintenance of houses. After all, when carrying out inspections of the technical condition of apartment buildings, for some reason no one is interested in whether the owners of a particular building have funds to eliminate certain shortcomings. After all, how can you do something without having the funds for it, and as mentioned above, the management company does not have the right to use funds other houses. What is the reason for such a sad and completely desperate situation?

Back in 1992, during the liberalization of prices, it was decided not to touch the tariffs for housing and communal services (HCS), and the rent turned out to be at the level 1928 . Before 2000 g . the authorities maintained housing and communal services tariffs against the backdrop of an increase in all other prices, and then their accelerated growth began, although state regulation was invariably maintained. The cost of gas and electricity, thermal energy makes up the lion's share of the cost of housing and utility services, and they are supplied by monopolists, which means that the need for price regulation and regulation of these markets is inevitable.

TO 2004 ., receiving housing and communal services at subsidized prices, citizens spent an average of 10.8% of their budget on them. However, taking into account real expenses, reflecting differences in housing provision and quality of housing, the share of expenses for housing and communal services in the family budget of Russians is still noticeably lower. IN 1997 . B. Yeltsin signed a decree “On Housing and Communal Services Reform,” according to which it was planned to increase the population’s share of payments for housing and utility services from 35% to 1997 . up to 100% in 2003 . Subsequently, 100% payment was postponed by the State Duma until 2008 .

The new edition of the 2003 law “On the Fundamentals of Federal Housing Policy” completely eliminated any mention of the deadline for the transition to 100% payment for housing and communal services by the population. IN 2001 . a document was adopted that still defines state policy in the industry - the subprogram “Reform and modernization of the housing and communal services complex of the Russian Federation” of the federal target program “Housing” for 2002 - 2010, and at the end 2004 . A new Housing Code was approved, which introduced a new form of civil contract - an agreement on the management of an apartment building.

Problems of major repairs.

If you read the norms of the Housing Code regarding major repairs, you can clearly see that the burden of costs for its implementation lies 100% on the owners of apartment buildings. This means that the owners must independently hold a general meeting, determine the types of work, approve the cost of these works, choose an organization to carry out the work, and ultimately make 100% payment for them. Of course, taking into account all the factors that complicate this procedure and understanding the responsibility for the maintenance of the housing stock by the Government of the Russian Federation in

2007. The state corporation “Fund for Assistance to Housing and Public Utilities Reform” was created to finance the repair and resettlement of dilapidated and dilapidated housing. The recipients of this fund are regions and municipalities, provided that they transfer the functions of management and maintenance of residential buildings into private hands, and stimulate the creation of HOAs. In order to receive these funds, regions must fulfill the legal requirement that at least 50% of the houses are managed by private management companies, while the municipality's share in their share capital would be no more than 25%. Therefore, one of the main directions in the activities of management organizations in the housing and communal services sector should be their participation in the work of attracting funds from the Federal Fund and identifying those houses that are in dire need of major repairs.

It should be noted that the work in this direction in such a short time frame established by law is not easy. In order to fulfill all the conditions it is necessary:

Conduct a detailed analysis of the technical condition of apartment buildings;

Get the owners to hold a general meeting;

Collect a package of documents (owner voting registers, minutes of general meetings);

Draw up estimates and prepare design documentation;

Achieve the inclusion of specific houses in the targeted capital repair program.

Those management companies that have been involved in this work know very well how many problems there are along this path. Preparing a detailed analysis of the technical condition of apartment buildings is not the most difficult problem for specialists of management companies. Moreover, if you consider that the city has a program for monitoring the technical condition of the housing stock and management companies have concluded agreements with a specialized organization carrying out this work.

The problem begins precisely at the stage of organizing a general meeting of owners. Indeed, according to housing legislation, the management company does not have the right to initiate its implementation; it can only provide assistance to the owners within the framework of the management agreement. But, unfortunately, there is no special initiative among the owners. So it turns out that the management company, understanding the importance of this work, is forced to hold such meetings in violation of the law. And as a result, complaints from residents, letters to all authorities about some violations and much more. Probably, the problem of the attitude of owners to major repairs arose due to contradictions in the housing legislation itself. After all, if the Housing Code provides for a 100% burden of expenses for owners in its implementation, then Federal Law No. 185 set this bar at 5%, thereby supporting the dependent attitude of owners towards their home.

Problems of relationships with monopolistic service providers.

According to current legislation, management companies currently incur losses when providing utilities to homes. When purchasing utility resources, management companies must pay for them on time and on time, otherwise they risk being disconnected. However, in the housing and communal services sector, it is almost impossible to achieve 100% timely collection of payments, no matter how ideal the residents are, and everyone knows this. There was information in the media that management companies would take commissions from monopolists for the work of collecting payments from the population. This is not a new proposal, but it is quite fair. After all, when contracts with service providers were concluded directly with residents, the problems of debt were the responsibility of the service providers themselves. Naturally, this did not suit the monopolists because it is easier to work with one subscriber than with hundreds of residents. However, until 2002, this practice existed and, for example, Vodokanal returned 5% of the collection of funds to the HOA of our city, Donenergo reimbursed 12%. Some management companies and HOA chairmen tried to return this payment method, unfortunately, but to no avail.

Finally.

When solving tactical problems of managing apartment buildings today, it is necessary to develop a development strategy for several years ahead, which would allow not only to effectively manage the population’s funds, but also to seriously gain a foothold in the market, improving the quality of service, reducing costs and working at economically sound and transparent tariffs. The ultimate goals of any management company, in addition to making a profit, are to expand the business, increase the volume of housing stock under management, and maintain leadership in this area.

Gorobets S.L

(social) .

NP “National Center for Public Control in the Housing and Communal Services Sphere “Housing and Communal Services Control” has compiled a rating of problems in the field of housing and communal services for the first quarter of 2016. The rating was formed based on the results of citizens’ requests to public reception centers operating in 72 constituent entities of the Russian Federation. In total, 8,644 people applied to these reception centers in the first quarter.

Executive Director of NP "ZhKHKH Kontrol" Svetlana Razvorotneva:
— Over the year, certain changes have occurred in the housing and communal services sector. The most important thing is that the intensity of passions around the topic of major repairs is decreasing. The percentage of people who responded to this topic fell by more than 5% over the year, and the topic itself moved from 2nd place in the first quarter of 2015 to 5th place in 2016. The number of requests on the topic of “charging fees for housing and communal services” also decreased significantly (by 8.5%), although this topic itself invariably took first place in the ranking in 2015 and at the beginning of 2016. The percentage of requests on the topic “quality of communal resources” has seriously increased, although, in our opinion, this fact is due to seasonal factors and is associated mainly with the problems of the 2015-2016 heating season (in the fourth quarter of 2015, the topic of quality of communal resources was on the first place). The number of requests regarding the management of apartment buildings has increased slightly. At the same time, the topic “management of apartment buildings” invariably occupied 3rd place in both 2015 and 2016, and “unsatisfactory condition of apartment buildings” moved from 5th to 4th place. All this, in my opinion, suggests that the licensing institute, which began operating on May 1, 2015, has not yet brought the expected results.”

What worries Russian citizens most in the housing and communal services sector based on the results of the first quarter of 2016?

I. Calculation of fees for housing and communal services includes the following problems:
problems with charging for housing and communal services;
recalculations;
generation of payment documents;
additional payments;
including problems with charging for utilities consumed for general household needs - 662 complaints (7.7% of the total volume).
II. Unsatisfactory quality of provided utilities
III. Management of MKD includes the following problems:
management of apartment buildings (problem of double payment documents);
the legality of the actions of homeowners' associations, housing cooperatives, management organizations (including issues related to financial and economic activities);
disclosure of information by management organizations;
licensing of activities for the management of apartment buildings - 129 applications (1.5% of the total volume)
holding general meetings of owners - 236 requests (2.7% of the total volume):
— problems during implementation;
— problems of execution of decisions made
- and others.
IV. The unsatisfactory condition of the MKD includes the following problems:
improper provision of services for the maintenance and ongoing repairs of apartment buildings.
V. Major repairs include the following problems:
timing of major repairs;
quality of major repairs;
the amount of contribution for major repairs;
lack of information about regional capital repair programs.
VI. Unsatisfactory landscaping of the local area
VII. Problems associated with individual and communal metering devices include the following issues:
acquisitions;
installations;
operation.
VIII. Emergency and dilapidated housing includes the following problems:
with the recognition of apartment buildings as unsafe;
with the timing of relocation;
with the quality of newly constructed apartment buildings.
IX. Complaints about the actions and inactions of authorized state authorities and local governments affecting the observance of the rights and legitimate interests of citizens in the field of housing and communal services;
X. Other topics include the following issues:
use of common property of an apartment building;
social hiring;
corruption component;
other.

The key directions of the Strategy are:

• improving the management of apartment buildings;
• optimization of costs for major repairs of common property in an apartment building;
• resettlement of citizens from emergency housing;
• provision of quality public services to the population;
• public control.

MKD management process

This term refers to the state mechanism for regulating business activities in the field of housing and communal services, namely licensing activities for managing an apartment building.

Federal Law No. 255-FZ of July 21, 2014 introduced amendments to the Housing Code of the Russian Federation obliging legal entities and individual entrepreneurs engaged in the management and maintenance of apartment buildings to obtain licenses from state housing supervision organizations of a constituent entity of the Russian Federation. Managers of management companies are required to pass a qualification exam and receive a certificate of advanced training, subsequently confirming it every five years.

In 2015, the following organizations received licenses in the district: PRIORITET LLC (headed by Alexander Nefedov), Management Company LLC (headed by Andrey Abramov), ZhilServis LLC (headed by Olga Yushina), and Upravdom Plus LLC.

As of January 1, there are 287 apartment buildings in the district (excluding blocked buildings). Currently, there are 181 apartment buildings under management (63% of the apartment buildings in which the owners have chosen the management method).

Major repairs of common property in an apartment building

Federal Law No. 176-FZ of June 29, 2015 introduced major changes to the Housing Code:

• the procedure for the formation and optimization of regional capital repair programs along with the timing of its implementation has been changed;
• the legal mechanism for the functioning of special accounts has been determined;
• the legal status of the owner of this account is fixed;
• the activities of regional operators have been delineated.

As of March 5, 2016, the total collection of contributions for major repairs of the common property of apartment buildings is 83.6% (above the regional average - 78.6%), including the collection of contributions in residential premises of municipal property 88.95 (above the average for the region is 82.1%).

In 2016, in accordance with the short-term capital repair plan for the common property of apartment buildings, it is planned to carry out repairs in 8 buildings. In addition, in 2015, repairs were not carried out on one house at the address: Kharovsk, Kirova St., 10 due to the lack of applications from contractors during competitive procedures. This house is also planned to be renovated in 2016.

A specialized design organization has developed estimate documentation. The main types of planned work: repair of roofs, engineering systems, facade repair. Currently, the owners of residential premises are holding meetings to agree on the types of work and the estimated cost. Protocols of owners’ decisions must be sent to the non-profit VO “Fund for capital repairs of apartment buildings in the Vologda region” by April 1, 2016. Next, the Regional operator conducts competitive procedures to select a contractor.

According to estimates, the total need for funds for repair work in 2016 is 26 million rubles. The collection rate in the district is 14.1 million rubles. In this regard, it is possible to adjust the plan towards reducing the types of repair work. The debt of residential premises owners to pay contributions for major repairs amounts to 3.6 million rubles.

Relocation of citizens from emergency housing

It is necessary to resettle citizens living in emergency housing recognized as such before January 1, 2012 by September 1, 2017.

In 2015, applications were submitted for participation in regional targeted program No. 7 “Resettlement of citizens from emergency housing stock in municipalities of the Vologda region” by the district administration and the administration of the city of Kharovsk.

It is planned to relocate residents from 128 apartments with a total area of ​​4470.3 sq.m. 65 houses are subject to demolition.

Before the construction of residential buildings begins, it is necessary to hold auctions for the lease of land plots, auctions for shared construction or the acquisition of residential premises.

The total amount of financing, taking into account the funds of the Housing and Communal Sector Reform Assistance Fund, will be 153.8 million rubles, incl. RUB 7.7 million (5%) - local budget funds.

Providing quality public services to the population

In the district, 14 organizations operate in the field of housing and communal services, employing 383 people.

The main goal of reforming the housing and communal services is to increase the efficiency, sustainability and reliability of the functioning of housing and communal life support systems for the population, improve the quality of housing and communal services while simultaneously reducing irrational costs.

Achieving these goals is impossible without close interactions between the population, business representatives and government authorities.

In 2015, at the district level, 53 appeals from citizens on issues of housing and communal services were considered (25% of all applications).

Thanks to close cooperation with the managers and specialists of the department of the city of Kharovsk LLC MMP "Interdistrict ETS" (headed by Lyubov Svetikova), in the district administration over the past heating period, requests were considered and decisions were made to ensure sustainable heat supply to apartment buildings in the eastern part of the city, heated from boiler house No. 18, regulation thermal energy metering devices in apartment buildings heated from boiler house No. 10, provision of poor-quality hot water supply services in residential buildings heated from the boiler house of Kharovsklesprom LLC.

From 2016, long-term tariffs will be applied to heat supply companies for a period of 3 years.

The number of requests from citizens regarding emergencies on water supply systems operated by PRIORITET LLC (headed by Alexander Nefedov) has decreased.

Providing water supply and sanitation in rural settlements is unprofitable and requires the establishment of tariffs that are unaffordable for the population. The strategy defines: organizations providing water supply and sanitation in small settlements will be provided with state support.

Public control

Effectively solving problems in the field of housing and communal services and creating comfortable living conditions for people in apartment buildings is the common goal of participants in public control.

Part 8 of Article 20 of the Housing Code of the Russian Federation defines the subjects of public control: associations, other non-profit organizations, councils of apartment buildings, other interested parties in accordance with the legislation of the Russian Federation.

As part of the Strategy, control will be exercised over the implementation of capital repair programs, which will help to obtain timely information on its implementation for each apartment building, track stages, quality, and control the cost of work. An automated system for monitoring the implementation of regional programs was launched. On the “Housing and Communal Services Reform” website, in the “Major Repairs” section, the degree of implementation of the capital repair program will be shown.

Based on citizen complaints, the Public Control Centers compile a rating of the most pressing problems in the housing and communal services sector and form regional ratings of management organizations.

Over the past decade, a huge number of laws and programs have been adopted at the federal, regional and municipal levels. The majority of citizens have a negative attitude towards reforming the housing and communal services sector. The reason is that the growth of tariffs for housing and communal services outpaces the growth rate of citizens' incomes.

Despite the difficulties, organizations and enterprises providing housing and communal services find solutions and set goals to minimize costs. During the heating season 2015/2016 The management of MMP Interdistrict Electric Heating Networks LLC purchased fuel - hard coal at a price lower than last year by 30%, and increased the share of local fuels (firewood) used in boiler houses.

Significant potential for the development of housing and communal services is resource conservation. Measures have been taken to equip 118 apartment buildings with common house electricity metering devices (44%), all apartment buildings that consume thermal energy up to 0.2 Gcal are equipped with heat energy metering devices, 84 houses (65%) have cold water consumption meters.

Valentina MAKSIMOVA, Head of the Department of Construction, Housing, Communal and Road Services of the District Administration