How to write an application to a management company
Management companies often refuse to redecorate the entrance. There are a number of reasons for this, sometimes even illegal. There are two ways out of this situation: go to court or resolve the issues yourself. The second option is preferable for both parties, but often does not work.
To force the management company to repair the entrance, you should draw up a statement according to the rules. To do this, you need to reliably describe the desires of the residents of the entrance. Describe the work that the management company is obliged to carry out, and also do not forget to indicate the exact deadlines.
Now all that remains is to certify the paper from the residents and take it to the secretary. Next, the management company should begin making repairs or contact the residents to clarify some points. If the management company refused to fulfill its obligations regarding repairs, then you can safely go to court.
But don’t rush to contact higher authorities. For example, a house needs a porch renovation. If the extension was built by the management company, then no problems will arise. However, if the porch was built unofficially, then the representatives may refuse to repair it, and they will be right.
Samples of applications to the Housing and Communal Services Management Company from residents
In order to persuade the management company to carry out repairs at the entrance faster, you should write the application correctly.
- Now get to the point: “I am so-and-so, I live at the address... I ask you to fulfill your responsibilities for maintaining a residential building, in particular...”. Instead of the last ellipsis, describe the problems with the entrance.
- At the end of the paper, attach photographs confirming what you have written.
- All that remains is to put the date, personal data (full name, address and telephone number), and signature.
The application has been written, and now take the paper to the Criminal Code.
Sample application for replacement of windows in the entrance
We understand your problem. Indeed, there are often cases when management companies servicing an apartment building shirk the proper performance of their direct responsibilities, including carrying out routine repairs of common property (i.e. entrance, roof of the house, porch, entrance canopy, balconies, etc.). This problem is especially widespread in small towns and villages, where organizations are less aware of the control of the relevant authorities.
The entrance to our apartment building has not been renovated for many years. The management company refers to the fact that they currently do not have the money to carry it out, and that our entrance has been put on a waiting list. But we have been hearing this answer for more than a year, or even more than a dozen... How can we force the management organization to make repairs at our entrance?
30 Jul 2020 yslygiur 3041
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Procedure for filing a complaint
There are two ways to submit a complaint to the Criminal Code. In the first case, you should come to the office in person and hand over the paper to the secretary. He is obliged to note the date and time of acceptance, and also send the paper for further consideration.
You can also send a complaint by mail. To do this, we issue a registered letter at the post office with a valuable inventory, attach an application and give the address of the management company.
It is important to format the letter in this way. This way there is a chance to later prove that the letter was actually sent.
Reference. In both cases, make a copy and keep it for yourself. In the future, a copy will serve as evidence if you decide to sue over repairs that were not made.
Where to complain about the management company
At the moment, the state has created 6 inspectorates to which you can contact with this question:
- HOA;
- housing inspection;
- city administration;
- Rospotrebnadzor;
- prosecutor's office;
- court.
HOA
An HOA is a homeowners' association.
In order to write an application to the management company, you need to personally come to their office or send a registered letter. Write in the letter that the management company refused to carry out repairs. Indicate how many times they contacted the housing office, and how long the management company ignored the letter. Also provide evidence of the deplorable condition of the entrance. The HOA deals with issues related to the residential building. If they determine that the residents are right, they will try to influence the management company. But he doesn't always succeed. In this case, you can go even higher.
Housing inspection
You need to contact the housing inspectorate only after you have been refused by the Criminal Code. Since, first of all, the State Housing Inspectorate will ask about the attempts that were made to influence the Criminal Code. Moreover, GZHI is obliged to conduct inspections independently. Therefore, he does not like complaints from individuals. It is best to request a written refusal from the management company to carry out the work.
Having collected evidence of several fruitless attempts to obtain repairs from the management company, you can safely go to the State Housing Inspectorate. However, they do not accept oral statements. You need to come to their office and, under the supervision of the secretary, write an application to the Criminal Code, attaching all the evidence.
The housing inspection may not respond if the issue is not within its competence or if it has not found any cause for concern.
City administration
A complaint to the city administration must be written similar to an application to the Criminal Code. It is very important to attach evidence of your words, otherwise the paper will simply be thrown away.
To get a response as quickly as possible, you can file a collective complaint. Its difference lies in the fact that in the header you need to list the full names and residential addresses of everyone who decided to fight the Criminal Code. Everyone must also sign below.
A representative from the entrance can take the document to the administration, since if a crowd of dissatisfied people comes, this may cause distrust among the administration, and the matter will slow down. You can also send it by registered mail to the city administration.
It is advisable in the letter to refer to the laws that, in your opinion, the management company violated. However, without proof, you will most likely be ignored.
Rospotrebnadzor
You must go to Rospotrebnadzor in person with the application that you wrote to the Criminal Code for the repair of the entrance. There they will get acquainted with it and ask you to write a complaint against the Criminal Code. Next, Rospotrebnadzor conducts an unscheduled inspection within 14 days. Ultimately, you should be informed of the results and told what to do next. Basically, after this, representatives of the management company meet halfway and begin to make cosmetic repairs.
Prosecutor's office
If the above-described authorities were unable to influence the Criminal Code, then you need to go to the prosecutor’s office. There you will be questioned in detail and asked to provide evidence that the entrance really needs repairs, as well as the management company’s refusal to carry out the work. You should have taken them with you. If you are correct in this situation, then you will be given a form and sample for you to write a statement. You should write carefully and in detail.
What are we complaining about?
Important! Please keep in mind that:
- Each case is unique and individual.
- A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.
To get the most detailed advice on your issue, you just need to choose any of the options offered:
- Request a consultation via the form.
- Use the online chat in the lower corner of the screen.
- Call:
- Moscow region: +7
- Leningrad region: +7
Read more: Is it possible to get a second Tinkoff credit card
Each resident of an apartment building receives a payment once a month from the management company. It contains a column for housing maintenance and repair. What exactly do we pay for?
First you need to understand that the main document by which lawyers can track the relationship between the owners of apartments in the building and the management organization is the contract for managing the building. It is concluded with each of the residents. It must also spell out the requirements, which in turn must be fulfilled by representatives of the management organization. Often such an agreement is not concluded.
No problem. In any case, the responsibilities of the management company are spelled out in Government Decree No. 290. Primary requirements:
The management company must maintain the load-bearing structures of the apartment building in proper condition | Problems with the foundation and walls, stairs and beams may be a reason to write an application for repairs to the entrance to the management company. Yes - because stairs are both an integral part of the house and part of the common property located in the entrance. |
The housing office or any other management company must maintain engineering and technical systems in an apartment building | Problems with heating, hot water, electricity, gas supply - no matter what the managers of management organizations say, they still have to maintain this property using money from residents’ payments |
Other housing maintenance | For the most part, lawyers help draw up an application from residents for entrance repairs, guided by this particular category of mandatory services from the management organization. This includes cleaning the entrance and keeping it in order. Plus – maintenance of the local area and land plot of an apartment building. |
Maintenance
Current repairs of entrances to apartment buildings, in accordance with Resolution No. 290, include:
- Maintaining walls and ceilings in standard condition - painting, whitewashing them
- The railings at the entrance should be maintained similarly.
- Window frames, doors and the elevator must also be in good condition, including painted
- Glazing of windows, plus work to eliminate cracks and gaps between walls and frames
- Maintaining and replacing doors between the entrance and the street
This is ongoing repairs that should be carried out without reminders from residents. There are also repairs at the request of residents in various critical and controversial situations. Let's look at this below.
Premises
Residents often ask questions about the premises in the hallways, which seem to relate to both the common property of the house and the apartments. This:
- Tambours in houses with “Czech” and “hotel” layouts
- Small premises on the ground floor in “Khrushchev” and “Brezhnevka” buildings
- Attic spaces in modern houses
- Technical floors in nine-story buildings built in 1980-2000.
You need to understand that everything that does not belong to the area of the apartment is, accordingly, common property. Therefore, you can safely justify your demands with the Decree of the Government of the Russian Federation if the management company begins to invent excuses for its inaction. And yes, you can also write an application to the Criminal Code for cosmetic repairs of the entrance - it will also be illegal to refuse such requests. Therefore, we feel free to write an application, for example, for cosmetic repairs of the entrance, and indicate the necessary premises. A sample can be viewed on our website below.
Everything that is not included in the area of the apartment is common property.
Entrance canopy
A frequent stumbling block is the canopy over the exit from the entrance. Representatives of the management company sometimes say that they will not maintain it, since it is property outside the home. In fact, in this situation they are wrong:
- They are obliged to repair the entrance canopy as well as the entrance itself and any other property in the apartment building.
- A collapsed canopy in the entrance threatens the health of the residents of the house and their guests, so it is the direct responsibility of the management company to keep it in order.
But - if the canopy is not included in the general plan of the house, but is installed illegally, then the application for repair of the canopy over the entrance may not be satisfied for completely legal reasons. Therefore, be careful in your requirements.
Broken windows
People often ask whether it is correct to write an application for routine repairs of entrances if their windows are broken. On the one hand, representatives of the management organization may state that this is not the general maintenance of the house, since the windows are broken and have not fallen into disrepair for natural reasons. On the other hand, these are not the residents’ problems. Why?
- The management organization must keep the entrances in order, and windows are included in the list of non-load-bearing structures in an apartment building.
- It is the management company that must contact the police regarding broken windows due to hooligan actions of a known or unknown person
- And the management company must civilly recover from the culprit the cost of replacing the windows.
To put it simply, even if the hooligan who broke the windows is known, the management company first repairs the windows, and only then deals with this hooligan. Residents should not be concerned about the problems of the management company when fulfilling the mandatory requirements for maintaining the property of an apartment building.