Direct management of an apartment building

The essence of direct management of MKD

Under the direct management of apartment buildings, apartment owners enter into agreements for the maintenance and repair of the house based on decisions of the general meeting of residents. This method of management allows them to enter into legal relations with resource supply companies (RSCs) - organizations that provide the supply of gas, water and electricity.

Direct form of management of an apartment building is a way that allows premises owners to negotiate with contractors on maintaining the optimal condition of the house.

If we are talking about the legal side of the issue, each tenant of the premises, on his own behalf, enters into an agreement for the supply of resources.

The organization that maintains and carries out repairs in the house, provides water drainage, heating, electricity and gas supply, is responsible to the owners of the premises in the apartment building for the performance of its functions. These provisions are established by the Government of the Russian Federation, expressed in and contained in concluded agreements.

MKD Council

According to the Housing Code, in a building where there are more than four apartments and no owners’ association or housing cooperative has been formed, there must be a building council. The composition of this formation and its chairman are chosen by the general meeting. According to the law, there is no need to register the council as a local government institution. It is not allowed to elect one council for several apartment buildings .

All organizational activities for the maintenance and operation of the house, arrangement of the courtyard area, children's playground under the direct management of an apartment building are entrusted to the owners. All possible improvements are carried out in agreement with all owners on a voluntary basis.

A person authorized by the meeting is entrusted with coordinating this work, concluding contracts, maintaining documentation, and preparing reports. Most likely, these duties will be performed by the chairman of the board.

The general meeting or the council of apartment buildings can also elect commissions of owners to assist in the preparation and substantiation of proposals aimed at improving the maintenance of such premises.

Minimum number of apartments

The transition to direct management of an apartment building is regulated by the possibility of such management - a guarantee of the full functioning of the citizen’s hostel.

As practice shows, homeowners mostly interact directly with service providers in rural areas. In such conditions, large-scale multi-apartment development is often not envisaged.

In buildings where the number of apartments is less than 12, the owners of the living space are exempt from the need to enter into an additional agreement with third-party contractors who will provide services for repairing and maintaining the normal condition of the apartment building.

If there are more than 12 apartments in a building, some procedures become more complicated. To approve the decision, more than 50% of the votes of all homeowners must be collected. Only then can their expression of will be considered legitimate.

Readers of legal portals are often interested in how many apartments there should be in a building for direct management. This nuance is regulated by Art. 161 Housing Code of the Russian Federation. In order for residents of an apartment building to use the service directly, the building must have at least 13 apartments, but no more than 30.

The management of the house is carried out by all owners of the living space personally or through an intermediary. The latter may not live in the apartment building, where a direct form of leadership is provided.

The optimal option for home maintenance is management of apartment buildings of up to 30 apartments. It is difficult to attract a larger number of residents to participate in the meeting. It is even more difficult to reach agreement.

General meeting of MKD owners

Regardless of which method of disposing of the house was chosen, the main management body of the apartment building is considered by law to be the general meeting of apartment owners in such a building. This body resolves literally all organizational issues related to the direct management of an apartment building and its operation.

Legislatively, such an assembly has the right to make its decisions through the following forms:

in-person voting, when it is required that issues be discussed in the direct presence of premises owners,
Absentee voting is carried out by poll according to the system: transfer of decisions to the administrator of the meeting in writing. Since 2018, electronic voting has been possible,
voting in person and in absentia.

A mandatory condition for the competence of decisions taken is a quorum, i.e. participation in voting by more than 50% of owners.

are notified 10 days in advance of such a meeting . At the same time the following are reported:

information about the initiator of convening the meeting,
proposed form of implementation,
date, time, place of collection. In the case of absentee (in-person-correspondence) form - address and final date for receiving voting decisions,
planned agenda,
How to familiarize yourself with the materials of the upcoming meeting.

Owners of apartments in apartment buildings are required to hold such general meetings annually. Extraordinary - as necessary.

Advantages and disadvantages of direct management

Direct form of service is one of the oldest and most effective. To ensure timely and high-quality care for apartment buildings, residents need to coordinate actions and, through an authorized representative, enter into contracts with contractors.

It is worth discussing the strengths and weaknesses of this option for operating MKD. Thus, managing the owners of premises in an apartment building is associated with a number of advantages:

Payment of utility services directly to the companies that provide them.
Transparent payments.
The debt of citizens does not affect other residents.
Additional services are provided according to the amount paid.
Service organizations spend funds on the work provided for in the contract, which means that the money is used rationally.

The control system is effective only if the residents of the house take an active position.

Disadvantages of direct service:

The owners' representative takes charge. It's usually free, but he has more than enough to worry about.
Lack of opportunity to receive funds for social programs: major repairs, arrangement of a playground, and so on.
The costs of making improvements - hiring a concierge, landscaping the entrance, etc. - fall on the shoulders of volunteers. Those who disagree may refuse to pay for innovations.
If the apartment building contains municipal housing, landlords who have voting rights similar to residents are invited to the meeting.

Before moving on to this form of control, you need to carefully study the listed pros and cons.

How to switch to direct control of MKD

When transitioning to a new type of service, you need to follow the procedure. It can be divided into three stages:

Formation of an initiative group.
Conducting a general meeting of housing owners (GMS). At it, issues regarding the form of government are discussed, mandatory voting is held, and the chairman of the house council is elected.
Selection of organizations that will serve MKD. Within a year, you need to conclude direct contracts with monopolists and contractors.

If the chosen method of management is not implemented by the residents within a year, the city authorities are obliged to look for a management company for the house.

Initiative group

For a business to develop, initiative is needed. The procedure for organizing house management is no exception to the rule. Among the residents there are always people who are ready to represent the interests of the other apartment owners. They constitute the so-called coordinating center.

The group is created according to the list of apartment owners. At the same time, propaganda and explanatory work is being carried out to attract as many residents as possible.

It is better to inform about such events in writing on a sign at the entrance. The most effective method is to go around the owners.

The initiative group selects 1-2 representatives from each entrance who are ready to organize the process and adhere to working conditions. This group informs the rest of the residents of the essence of the issue, announces where and when the first OSS will take place.

Owners meeting

In order for the house maintenance form to be approved, the will of the owners must be recorded. To do this, a meeting of residents is organized or filling out questionnaires with a list of questions. The quorum for the event is at least half of the owners of the apartment building.

Main points discussed at the OCC:

Confirmation of general agreement on the transition to direct management.
Selecting a candidate for an official representative.
Formation of a representative body.
Conclusion of service contracts.

This stage is the main one in the transition to a new type of home management.

The interests of the owners of apartments in the building in relations with third parties can be represented by one of the owners of the premises in the apartment building. Changes last year also established that this function can be performed by a person authorized by a written power of attorney with the approval of the majority of residents.

Selection of service companies

In order for direct management to take effect, in accordance with Art. 164 of the Housing Code of the Russian Federation, it is necessary to conclude an agreement with contractor companies that will take over responsibilities aimed at maintaining and repairing real estate. This is the most important stage in the transition to a new form of leadership.

If a service organization for an apartment building is not found, the management method is not relevant.

To successfully complete an agreement, you need to prepare:

a protocol containing the desire of residents to switch to direct management of the apartment building;
a protocol containing the details of the person responsible for negotiations with service companies;
technical passport of the house;
an application addressed to the head of the organization with a request to conclude a direct contract;
powers of attorney certified by a notary.

At the general meeting, residents discuss how to choose a service organization.

Find out what other ways to manage an apartment building are.

Transition to direct form of control

In order to change the form of management of the house, a general meeting should be held. It addresses several issues:

A change to a direct form of control should be considered.
A representative of the residents of the house is elected, who will enter into contracts with resource supply organizations and other companies providing utility services.
The house council must also be elected.
We need to discuss a home maintenance contract.

In order for the decision of the meeting to be valid and not cancelled, at least half of the apartment owners must be present at the meeting. The decision on the issue will be positive if at least 50% of those present vote for it. The presence of a quorum is a prerequisite for the legality of voting and the protocol.

IMPORTANT! According to Article 164 of the housing complex, under direct management, contracts for the supply of heat, electricity, gas, water are signed with each of the owners of apartments in the apartment building.

To sign the contract, you need to prepare several documents:

This is a copy of the minutes of the decision of the general meeting, at which the decision was made to choose the direct form of management.
A copy of the OS protocol with the decision to elect a person who will work with home maintenance companies on behalf of the residents of the house.
You will also need a technical passport for a residential building.

But the second option is also possible - the agreement is signed on behalf of all residents by a trusted person entrusted with this function. In this case, it is necessary to draw up a power of attorney according to all the rules and sign it with a notary.

Residents also sign contracts with organizations and companies that will handle garbage removal, elevator maintenance, and other similar work. With a small number of apartments in a building, most of the services can be performed by the residents themselves, for example, cleaning common areas and the local area.

Payment for all services provided under the contract is made from the funds of the residents of the house. But since they can decide for themselves what is needed for their home and what is not, it becomes possible to save on rent.

Nuances of direct control of MKD

An important stage in the implementation of direct services by residents of the house is the conclusion of contracts with the RSO. This is discussed in. The legal act stipulates how and in what quantities utilities are supplied from contractors if an agreement is reached with them on behalf of the owners under the direct management of the apartment building.

For interruptions in electricity, gas and water supply, it is the contractors or subcontractors with whom the contract is concluded that are responsible.

Direct management is characterized by a special relationship between residents and RSO. The agreement is concluded by each owner on his own behalf, the majority of persons as a single party or the owner of the apartment authorized for representation.

Direct service allows you to forget about problems with payment centers and. By involving contractors and ensuring the real activities of the house council, management will be as effective as possible. At the same time, funds for maintaining real estate are used more rationally.

If there are 100 or more apartments in an apartment building, direct management of an apartment building is not permissible. The number of residents in the house is proportional to the demands they receive regarding the maintenance of the apartment building. A huge number of additional tasks arise, the solution of which is quite difficult to control. The likelihood of reaching an agreement with all residents is too low. In such conditions, it is more expedient to create an HOA.

Selection criteria, features of home maintenance

Methods for managing apartment buildings are chosen and can be changed or canceled by the owners at a general meeting. The resolution of this meeting is binding on all owners of premises.

The choice in favor of independent property management is explained by the desire of zealous owners to ensure the safety and operational properties of housing longer, saving money on maintenance and life support services.

The legislator allows owners of premises with no more than thirty apartments to use the direct method of managing an apartment building.

The form of management of the house directly by the residents has the features provided for in the articles of the Housing Code, which are as follows:

contracts for services regarding the maintenance of property belonging to the owners of the entire apartment building and its repair can be concluded only in accordance with decisions made by the general meeting. These are cases when one of the parties to the contract is all owners (a majority of them is acceptable),
For water supply, sewerage, gas supply, electricity supply, heating, removal of solid municipal waste, the owner of each apartment must conclude contracts on his own behalf.

On behalf of the owners themselves, one of the owners has the right to conclude contracts This may also be entrusted to another person who does not have property in this apartment building. Such powers are granted by the general meeting and certified in writing: an extract from the resolution of the meeting, issued by the owners with a power of attorney.