Transfer of the house management company must be carried out no later than 5 days from the date of receipt of permission for commissioning. This rule regulated by paragraph 14 of the Housing Code of Russia.
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The house is given to the developer for balance only after a competition is held by the local municipality, that is, the self-government body.
To participate, the management company must submit certain documents. After the competition, an agreement is concluded and signed by the developer.
It is worth paying attention to the fact that it is possible to select a management company without holding a competition in accordance with Article 161, parts 4, 13 of the Housing Code of the Russian Federation, but only in the case where the open competition is considered failed.
According to paragraph 14 of Article 161 of the Housing Code of the Russian Federation, the contract must be concluded no later than 5 days after the house is put into operation.
If within a year the apartment owners have not decided on the management method, then in accordance with Article 161 of the Housing Code of the Russian Federation, the local government will hold an open competition to select a management company.
The procedure for organizing the competition is regulated by Decree of the Government of the Russian Federation No. 75 of February 6, 2006.
The transfer of an apartment building from the developer to the management company is carried out on the basis of a competitive tender.
Previously, it was possible to conclude an agreement for the management of an apartment building only by the developer and the management company. Today, the developer only signs the document concluded between the shareholders and the management company.
The management company enters into service agreements with the apartment owners, but only after the developer and owners accept the premises on the basis of the house transfer act and a competition is held.
Before receiving permission to put into operation, you can start collecting documents. But the owners of the premises must decide on the management company approximately a year before the facility is put into operation. general meeting.
If this does not happen, then the management company will be the one selected based on the results of the competition.
In this case, the contract is concluded for a year, and even if the apartment owners select another management company, they will most likely have to wait for the expiration of the validity period of the company established by the competition.
But if you organize an HOA, then changing the management company will be much easier.
In accordance with Article 161, paragraph 14, the service contract must be concluded no more than 5 days after commissioning.
But this often poses difficulties, since an open competition can take quite a long period of time – up to 50 days.
It should be noted that before the house is put into operation, it is possible to collect all necessary documents– design, technical and other.
But at the same time, the management company must actively work with homeowners so that it is chosen in the future.
In the event that apartment owners have not yet decided on the choice of management company, local authorities hold an open competition.
Property owners can:
But only those who have an agreement with the developer or who have received housing in accordance with the acceptance certificate can do this.
It should be noted that elections are considered legitimate if at least 50% of the owners are present at the meeting.
The conclusion of an agreement must comply with Part 5 of the Russian Federation, and specifically:
In accordance with the legislation of the Russian Federation, an agreement is concluded with everyone who accepted and signed the transfer deed with the developer, that is, with the owners of the apartments.
Only after this can the management agreement for apartment buildings be considered valid.
The agreement between the developer and the management company no longer exists. This procedure is regulated by Article 161, Part 14 of the RF Housing Code. But nevertheless, the documents must bear the signature and seal of the developer.
In accordance with Government Resolution No. 75, not only the procedure for holding a competition is regulated, but also the procedure for submitting the necessary documents.
Management companies wishing to take part in the competition are required to provide:
Additional documents may also be required. It should also be clarified during what period it is required to provide all the necessary papers.
It is imperative that all the accounting of the management company is in order - there are no debts, etc.
In addition, negative reviews also affect the results. decision taken. If many people are dissatisfied with the management company, then such an organization has practically no chance.
The payment procedure in 2018 is no different from 2018. The work of the management company is to provide housing utilities, and the fee is included in their price.
According to the usual Russian practice this amount ranges from 3 to 9% of the price for services provided.
In accordance with Order of the State Construction Committee of the Russian Federation dated December 11, 1997 N 17-132, payment for services, work, etc. is carried out at the tariff established by the Criminal Code.
It is necessary to focus on certain cases:
Legislation is designed to protect, first of all, the interests of owners.
The first housing associations were mentioned in 1921; it was then that the first activists appeared who understood the attractiveness of this cause and began to take municipal buildings under their wing. Typical management companies began their existence relatively recently - 2005 marked the beginning of a new era in the management of multi-storey buildings and every year they are gaining more and more popularity among novice entrepreneurs.
High profitability and little competition in this area are the main reasons why businessmen want to occupy this niche. But is it so easy to open your own management company and why, with such financial attractiveness, are there still free places in this market?
So, how to open a management company from scratch? The answer is in this article!
It is permitted to carry out management activities only after obtaining a license, the issuance of which is regulated by government agencies.
The received document does not require renewal and is issued without time restrictions. But even if you are included in the register of licenses of the Russian Federation, this does not mean your immunity. If not done properly, the license can be revoked and the company can be deleted from the register.
A legal entity can count on obtaining a license to operate as a management company. or physical face:
For an entrepreneur, a management company is an intermediary between the house and the organization that provides its maintenance and upkeep. In other words, the management company accumulates the residents’ money in order to later spend it on repairs, maintenance and other work related to improving and increasing the investment value of the house.
For residents, this is an organization that manages all the apartments in the building, providing a certain list of services, established by the state or expanded by agreement with residents.
To start a business in management sphere you will need to take several steps:
1. Finding a suitable location for an office.
3. Purchase of equipment and implementation of repair work.
We will consider the features of each step in more detail below.
Before registering your activity, you need to find a place where you can locate the office of the management company in the future. The best option is an apartment building, the management of which is planned to be taken over. Typically, such companies are located on the first floors of high-rise buildings, carry out major renovations, converting the premises into an office.
40 sq.m. will be enough for work. m. on which it is necessary to place one large office where specialists will receive clients, and a director, a toilet, and a place for eating.
You will need to purchase office furniture, air conditioning, cabinets, a safe for documents, office equipment, consumables and stationery supplies. It is also necessary to purchase special clothing, tools and
To legitimize your activities, you need a registration procedure with or CJSC. To register as an LLC you will need to do the following:
After completing the above activities, you will need to submit an application to the tax office, first
Then you will need which will send the registration certificate to your legal address within 5 days.
And the last step will be opening a current account in a bank, with subsequent transfer of data about it to the tax service.
The management company must employ at least three certified employees. If you don’t know how to manage a house, you will need to hire an engineer with the appropriate education; in addition, you need to have specialists who will service the house.
The only thing that can be done for promotion is to make your own website with detailed and necessary information about the organization itself, its employees, goals, and plans.
The goal is to make the company name recognizable. Only such large-scale advertising can bear fruit.
To take control of a house, you must conclude an agreement with each resident. To do this, you need to organize a meeting, the outcome of which will determine your future relations with this apartment building, namely their presence or absence. At the house-wide meeting, your goal will be to convince the residents of the need to change their management company to yours.
You need:
A good place to start is to take control of your home, carry out the necessary work and photograph the result. Such photographs will serve as strong evidence and good motivation for residents. Good reviews from a house that you have already “finished to perfection” will also have a positive effect on your reputation.
To open your own management company you will have to incur a lot of expenses:
Thus, to open your own management company, you will need to invest at the initial stage from 1,500,000 rubles.
The profitability of a management company is considered to be on average about 50% and the costs can pay off in just a couple of years. The only condition is the presence of houses willing to be serviced by your organization.
For stable operation and income generation, at the initial stage it is necessary to take into service at least five houses and gradually increase this number. You shouldn’t try to get a lot of houses right away, because you won’t be able to service them efficiently and in a short time, and this will not have the best effect on your reputation.
Fresh houses are easy to maintain and cause virtually no problems. Old houses are in need of major repairs; residents will be regularly reminded about leaking roofs and pipes and demand the promised, quick fix of the problem, and this is a significant expense.
It can be quite difficult to build relationships with those who supply your home with water, heating, and sewerage services. And a quick solution to problems that arise is sometimes impossible.
And vigilant residents will definitely start scandals because they were promised to do everything quickly, but in fact, like everyone else.
Every house has defaulters, usually 20–30% of the total number of residents. To solve problems with them, you will need to take some measures, and this is not only a waste of time, but also nerves.
Problems also include high risks, large financial investments, and difficulties in selecting qualified employees.
In practice it happens it is much easier to buy an existing management company, than to open it yourself.
When making such a transaction, you should pay special attention to the agreement, which needs to be studied very carefully and better in the presence of experienced lawyers, so that the debts of the former manager do not pass to you along with the company.
You will also need to check the presence of all necessary internal documents of the organization. Opening your own management company, – it’s a very risky, complex and costly business.
It will take a lot of effort to obtain a license, permits from the state, administration, and develop a client base. Poaching tenants is a difficult task, people do not trust such organizations because often promises are not even half fulfilled.
You can achieve success in this area and earn respect only by performing services efficiently and promptly, fulfilling all your promises. Only in this case will residents praise you and recommend you to their friends.
How to open a management company? Watch the following video lecture:
It's no secret that any real estate, be it multi-apartment or, requires periodic major repairs. In addition, certain technical procedures must be carried out regularly and directly during the operation of the building. Otherwise, the building will very quickly fall into disrepair, that is, into an uninhabitable state.
All mentioned communications have one thing in common: the management company is responsible for their maintenance only outside the owners’ apartments. The situation is completely different with electrical networks (it’s not for nothing that they are not considered one of engineering systems and placed in a separate category). Thus, independently replacing the wiring even in your own apartment poses a major risk to the tenant of a high-rise building.
The management company will carry out all such manipulations itself. You just need to send a corresponding application to the organization. And in the event of an emergency, a simple phone call will be enough. Employees of the management company who have the appropriate clearance are required to immediately arrive at the scene of the incident and eliminate the malfunction.
Management companies are not authorized to independently treat common areas and local areas from insects and rodents. This is done by the sanitary and epidemiological station. However, the application to this organization must be made by the employees of the management company. Moreover, at least once every three months. And absolutely free.
What to do if the time for the next sanitary treatment has not yet come, but the residents of the house are tormented by rats or insects? Under such circumstances, the owners of the premises have the right to demand that the management company carry out unscheduled deratization or disinfestation. To do this, a corresponding application is written to the organization. There is also no need to pay for such services: their provision is the direct responsibility of the management company.
Additional conditions - under separate agreements
Typically, all “additional” services, which include redecorating entrances and maintaining local areas in good condition, are negotiated separately with management companies. In standard contracts, such options are not mentioned and therefore it is usually impossible to get the organization to take any actions aimed at improving the “high-rise building”.
However, if, when concluding the transaction, the residents specifically discussed this point with the management company, they will have the right to demand the following from the responsible persons:
A management company is an organization (legal entity or entrepreneur) that provides management apartment buildings. There are several types of management companies:
Regardless of the type of company, management companies themselves or through other organizations must ensure uninterrupted operational and repair activities (supplying apartment buildings with energy resources, preparing for the heating season, etc.), as well as organizational activities (working with accounts and documents, responding to complaints and applications from owners etc.).
24-hour shift work of operators should be established. This is necessary in order to react quickly if a call is received from a tenant indicating a breakdown of one of the communication systems. Therefore, in addition to office space with office equipment, it is necessary to set up a control room and install a telephone line. You will also need equipment consumables.
Among other things, you will need a clean criminal record.. Strange as it may seem. Moreover, the severity, as such, essentially does not even matter. Companies whose employees were convicted of an economic crime, or just had a temporary ban on economic activity(Administrative Code), they will not be allowed to manage residential buildings.
Important! First of all, you will have to enlist the support of the residents and hold propaganda conversations with them for this purpose. Nothing will give you such a start as a good reputation - residents must make sure that they are not mistaken in trusting you, that you will be able to competently manage and resolve conflict situations.
The issue of choosing (as well as) a management company is approved at a general meeting of residents of the house. The question of how the company will manage the houses, how often meetings will be held and in what form (in person or in absentia) will be decided.
The latter means that owners will be asked to fill out special ballots. It is also stated technical documentation.
In accordance with the Housing Code (.
Reference! The percentage of profitability of business in the housing and communal services sector, unfortunately, does not exceed 10, according to analysts' estimates.
This happens because tariffs are low due to the low salaries of most residential owners. And these tariffs are set by the state. Housing and communal services can increase their profits by increasing only those tariffs that the law does not limit in any way. Also the company can enrich itself by:
The video provides information on how the management company makes money:
Business in the field of housing and communal services is not an easy matter and, frankly, not the most profitable, although there are almost no competitors. And, as in any business, there is no one warrior in the field. You will need to find the right people and think about everything again - whether such a business will be feasible, and only then talk about registration.
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Let us recall that there are three forms of management of houses: direct management by the owners (if there are no more than 30 apartments), management of a homeowners’ association or housing cooperative and with the help management organization. It is clear that residents of small two-entrance buildings have full choice. According to the leaders of the Criminal Code, they are the ones with the most headaches, since many of these houses were built by captured Germans and have long been “breathing their last breath.” In addition, the majority of residents of crumbling shacks are low-income or asocial citizens.
There are, however, relatively new people with small apartments - they, as a rule, refuse the services of a management company, preferring to run their household themselves, without unnecessary overpayments to a “third-party guy”. " Our house was built in the early 2000s, says Ivanovka Evgenia Golikova. - For a long time we had direct management, which was completely satisfactory. And recently the administration presented us with a fact: choose a management company or create an HOA. Now, it turns out, direct management can only be in buildings with no more than 30 apartments, and we have a couple more... We had to create an HOA.”
Evgenia is lucky with both her house and her neighbors, who take an active position in maintenance and improvement. There are practically no disagreements: the roof was leaking - they chipped in, found a contractor for a reasonable price and did it. They also painted the entrances and even concreted the path to the house. Now the residents want to replace the windows in the entrances. " We have no reports, everyone knows and trusts each other, says Evgeniya. - And the management company has neither transparency, nor adequate prices, nor interest in the quality of work.”
Direct management means that the maintenance of the house is entirely the responsibility of all residents. They independently enter into contracts with organizations for hot and cold water supply, heat, gas, and electricity services. In addition, they are free to choose: who will repair what and under what conditions (contracts are concluded both for individual home maintenance work and for the entire range at once - with any organization or individual). In general, if something breaks, you will have to do everything yourself or with the involvement of third-party specialists at your own expense.
In relations with third parties, one of the owners (most often, the eldest in the house) has the right to act on behalf of all residents. An outsider who is not the owner of the house can also represent the interests of the residents, but to do this, the absolute majority of owners must authorize him with their powers of attorney. It is worth considering that these duties cannot be officially paid. This is the main advantage of direct management - the absence of costs for maintaining the HOA staff or those associated with involving a management company in management.
However, this is the main disadvantage of this type of management, especially if a fairly large number of residents live in the house. After all, the larger the house, the more problems may arise with its management and disagreements between residents. But finding a manager who, on his own initiative, would solve a lot of issues for free is quite difficult. Thus, the choice of direct control is optimal in small houses.
Paying utility bills directly resource supply organizations, residents are responsible only for themselves and cannot suffer through the fault of their management companies because of their debts. If, for example, one apartment does not pay for water, the demand will only be from these residents. Their housemates will not suffer in any way (non-payments are not included in the ODN).
As already noted, there is no need to spend money on maintaining the staff of the management organization, there is no need to wait for years necessary work on the maintenance of the common property of the house.
All actions related to improving life are entirely voluntary. So, if the residents of the house decide to install video intercoms, build a playground, or lay asphalt, but several people refuse to hand over the money, it will be impossible to force them. This means that the payment for this type of work from other residents will increase.
The most common problem is the quality of utilities. Resource providers do not maintain or repair home plumbing systems. And if the residents of the upper floors do not receive water, then they will have to complain not to Vodokanal, not to the management company, but to bow to their neighbors and persuade them to “chip in” for the necessary repairs of the in-house networks.
Another disadvantage of direct management is the lack of opportunity to participate in government programs. Such houses are considered almost written off from the balance sheet of the municipality, because residents voluntarily accepted all future and current expenses. Therefore, the possibility of receiving municipal or federal assistance is excluded. That is, a ramp or a playground is needed - residents will implement this with their savings and efforts. Moreover, if any norm is violated during the construction of the structure, all owners will be responsible for the consequences.
In a certain sense, a self-governing house can also be an object belonging to an HOA. The main thing is that it has an adequate, competent and honest chairman. The staff of the HOA is mainly made up of a couple of people who do not overly burden the residents of, say, a hundred-apartment building with their salaries, but relieve the owners themselves of all worries about solving pressing problems.
« HOA does not operate for profit, - explains the head of the “Quality” group everyday life» regional Popular Front Svetlana Mezhiritskaya. - U non-profit organization this is not provided for in the charter. The optimal area of the house, at which it is not burdensome to maintain an HOA, in my opinion, is 40 thousand square meters.” However, there are examples where five times smaller houses with management efficiency not only cover the costs of paying for the maintenance of the HOA staff, but also provide significant savings for residents on utility bills by introducing energy-saving technologies.
