State bodies that control the work of management companies

There are two troubles in our country: fools and roads. This stereotype is known far beyond the borders of Russia. If we are talking about the main non-stereotypical problems in the Russian Federation, then these will be: low wages and unsatisfactory quality of housing. If everything is clear with the roads - this is an insoluble issue, then with the provision of decent living conditions for people and the maintenance of houses - it is quite feasible. It is only important to understand who controls the management companies of housing and communal services. The problems associated with the unprofessional management of organizations designed to ensure order and stability in the operation of infrastructures stem from a number of significant shortcomings.

Important! These shortcomings entail a number of serious consequences that are not corrected from year to year and become only more dangerous. The management organization receives funds from the population for the maintenance of residential buildings. With this money, it must maintain the facades of houses, the adjacent territory, public premises, organize garbage collection and provide utilities in good condition.

In practice, it looks different: only a part of the funds received is allocated for the maintenance of houses and the repair of communications. Homeowners' associations are simply beginning to steal the money of the population. Naturally, no one likes it. People give the money they earn to strangers, they still do not receive the proper level of service for this. Now the activities are carried out in such a way that the work of the partnerships carried out at the facilities is not transparent to consumers: there is no work schedule, no estimate. In order to prevent homeowners associations from profiting at the expense of subscribers, Russia has regulatory authorities that oversee the management company and control housing and communal services.

Supervisory authorities

If you study what rights the apartment owners have and know who controls the managing organizations, then you can check the work of your management company. To date, there are three positions from which control is exercised: federal, local and regional. Each level performs control in its own way.

Federal level

Supervision at the state level is not the main level of control over HOAs. The main federal authorities prescribe only general principles for housing management and create additional methodologies.

Who controls the activities of management companies at the state level:

• Ministry of Construction - sets the procedure for harmonizing the basic norms of public services, the procedure for obtaining relevant services by consumers and sets the quality parameters. It explains the “Rules for the provision of utility supply services” of the Decree of the Government of the Russian Federation and makes recommendations for its implementation in practice. The Ministry of Construction sets economic standards for the control of heat and water energy carriers.
• Ministry of Energy - sets the national standard for the provision of residential and non-residential buildings with energy carriers, including gas, water, electricity and heat, according to the public schedule;
• FAS - sets the basis for the formation of prices for energy consumption by the population, determines the upper and lower limits of tariff levels, helps to control the receipt of payments by consumers of services to utility bills.

Regional level

Direct control over the implementation of approved standards and additional instructions received from national federal departments is carried out by municipal or regional authorities.


At the regional level, companies that service and maintain residential buildings are subordinate to the following services:

• Housing Inspectorate– carries out inspections that control the implementation by management companies and residents of the requirements of regional and state legislation:
• functionality of residential premises;
• control over redevelopment in apartments;
• operation and maintenance of public property in an apartment building;
• the amount of payment for the maintenance of apartments;
• change of the status of premises and their appointments;
• providing the house with supplies of energy resources, setting the amount of payment for their consumption and payment methods;
• organizing funds for repairs.

Companies that hold a license to manage real estate objects are not directly subordinate to local authorities - the housing inspectorate does not exercise specific control. Instead, it oversees the issuance of licenses to these companies and reviews their activities to determine whether they meet the requirements.

The result of the inspection is fixed in the protocol and sent with an order to the management company with the appointment of deadlines for eliminating violations.

Owner control

Do not forget that the homeowners themselves have significant power. Funding comes from them. Therefore, their satisfaction in the first place should be of interest to the management company. Residents of an apartment building have a relationship with the Criminal Code in accordance with a bilateral agreement, which spells out the rights and obligations of both parties, which means that homeowners have the right to demand from the other party the conscientious fulfillment of the terms of the agreement. How to check the housing and communal services management company on your own? If there are violations, they have the right to demand an unscheduled inspection. To do this, you must send an application to the GZhI with the relevant requirements. It is worth noting that applications submitted collectively are considered and executed faster. In their appeal, residents indicate contact information and can request a list of agreed tariffs from the management company. The application must be written in two copies.


Information received from representatives of Ex. The company is analyzed and compared with the actual quality of the services provided. For a more professional analysis, you can resort to the help of specialists. They will help you solve your problem. After that, the management company is checked for compliance with the specified data and the actual work performed. Inspectors may be asked to provide an estimate of expenses to the accounting department of the Criminal Code. Reports on financial documents may be required not only for the current financial year, but also for the previous few years from the archives of the organization.

If inflated tariffs or inflated estimates for work are found, the residents of the house can apply to the prosecutor's office. They get sufficient grounds to file a claim and bring the case to court. You can get a free consultation by contacting the Customer Care Center. They will help to draw up a collective complaint against the culprit and bring it to the controlling organization from above. It does not matter which course of action is chosen: the Criminal Code will be checked, the violations will be eliminated, and the residents will be compensated for their losses and illegal withdrawals of funds will stop.

Conducting audits

The audit is carried out in several ways. To make the scheme of work of the Criminal Code more open, you can resort to an audit in the housing and communal services sector. They will be checked:

• the actual costs incurred by the organization to the invoices issued on them:
• compliance of the drawn up financial documents with the established rules of document circulation and assessment of the veracity of the information provided in them;
• review of the reasons for spending the budget (confirmation of the effectiveness and rationality of the chosen way of doing business).

Important! Summing up, the auditor performing the audit can, as an example, provide his own professional recommendations for optimizing and establishing technological, financial and economic processes within the company. Advice on working with the tax authorities can also be presented.

The audit is carried out in accordance with the established regulations. It allows you to determine where each ruble of funds invested by residents is spent, and what percentage of expenses was really spent efficiently, and what percentage goes “by the cash register” or is spent thoughtlessly.


The check must take into account the following documents:

• reports on the expenditure of funds for public utilities at home;
• estimates, with the provided data on the costs of carrying out the necessary work on the maintenance and operation of an apartment building;
• reports on expenses incurred in hiring third-party contractors to perform work.

How to make and file a complaint?

If the management company does not fully fulfill its obligations, violates the terms of the contract and does not provide relevant reports on the work done, then the residents of the house have every right to file a complaint with higher authorities. This is done quickly and free of charge if you know the algorithm and your rights.

Sufficient grounds for applying:

• common areas are in need of current repairs, but they have not been carried out for a long time, for example, damaged railings, broken lighting bulbs .;
• elevators and garbage chutes are not properly maintained;
• the heating in the rooms is weak.

The type of complaint is chosen at will: write it manually or type it on a computer and print it out - the supervisory authority is obliged to accept it in any form. The application must indicate the state body to which the appeal will be sent. In addition to your own contact information, do not forget to include a return address to which you can send a reply. List all the observed violations, indicate the exact address of the house, if necessary, the specific location of the breakdown: entrance and floor. To complete the picture, use the references to the Housing Code, indicating that these violations should not be. Be sure to clearly indicate what result you want to achieve as a result of the review and decision. If the application is submitted collectively: indicate in it the contact details of each applicant.

Make a complaint in two copies and give both copies to the person in the center that receives complaints from the population. They must assign an incoming appeal number and date the acceptance and return one copy to the complainant. The date set is set as the date of submission of the application, and from that moment begins the thirty-day countdown for the provision of a mandatory response to the applicant.

Conclusion

The management companies are subordinated and controlled by the central authorities, as well as by the owners of the premises themselves. Federal authorities only regulate their activities. They do not exercise direct control. Who controls the work of management companies? The supervisory authority can control the management company: Rospotrebnadzor, the prosecutor's office and the housing inspectorate.

Control over the activities of management companies (MCs) in the housing and communal services sector is carried out both at the federal level and by the forces of local governments. Certain measures can be taken by the residents of houses served by these organizations themselves.

The legislative framework

Regional supervision in the field of housing and communal services is regulated by local regulations (regional and municipal), Article 20 of the LCD, Government Decree No. 493, Federal Law No. 131-FZ, Federal Law No. 210.

The listed legislative acts describe in detail the powers of each body, indicate those areas of activity that state and municipal institutions are obliged to control.

Yes, Art. 20 of the LCD regulates the general goals and principles of state, municipal and public housing control, in Art. 13 of the LCD describes the powers of regional public authorities, art. 196 of the LCD determines the procedure for conducting license control of management companies.

Federal Law No. 131 describes the powers of municipal authorities, including regulatory authorities in the housing sector.

The Code of Administrative Offenses contains information on preventive measures taken in relation to managing organizations that perform their duties in bad faith.

Organs

There are three levels of housing control: federal, regional, municipal.

Federal level

Federal supervision is not the main way to control the Criminal Code, the central state bodies are responsible for the formation of general principles for housing management and issue guidelines.

Who controls the work of management companies at the federal level?

This includes:

• Ministry of construction of the Russian Federation. This ministry determines the procedure for approving the standards for public services, the procedure for the provision of these services and the criteria for their quality. The Ministry of Construction provides clarifications on the content of Government Decree No. 493 (“Rules for the provision of public services ...”) and on the practical implementation of its provisions. The body regulates the economic aspects of accounting for heat and water.
• Ministry of Energy of the Russian Federation. Determines the schemes and standards for heat supply to houses.
• Federal Antimonopoly Service. It determines the principles of pricing in the areas of heat and water supply, the maximum levels of tariffs, and regulates the monitoring of citizens' payments for utilities. Previously, the Federal Tariff Service dealt with these issues, but in 2015 it was abolished.

Regional level

Direct control over the practical implementation of the standards and guidelines of federal ministries is carried out by regional bodies and municipalities.

At the regional level, management companies are subordinate to:

1) Goszhilnadzor (housing inspection). The main function of the body is to conduct inspections of the implementation of the Criminal Code and citizens of the requirements of the law. Checks are carried out according to such parameters as:

• maintenance of residential premises;
• carrying out redevelopment and reconstruction;
• maintenance and repair of common property in MKD;
• the amount of payment for the maintenance of residential premises;
• transfer of premises from non-residential status to residential status and vice versa;
• provision of utility services, determination of their payment and methods of its payment;
• formation of repair funds.

Goszhilnadzor is authorized to prevent and eliminate violations in these areas.

The Housing Inspectorate does not exercise direct housing supervision over organizations licensed to manage buildings. Instead, it exercises licensing control (Article 196 of the LC), which involves checking the compliance of the activities of the Criminal Code with the conditions for obtaining and maintaining a license.

2) the Tariff Committee. Depending on the region, its functions can be performed by different organizations: the REC, the Ministry of Energy, etc. The Committee determines the tariffs for heat supply, electricity, gas supply and water supply, monitors their application. The activities of the body are controlled by the Federal Law No. 210 “On the regulation of tariffs ...”.

3) Regional offices of Rospotrebnadzor. Guided by SanPiNs, this organization monitors the quality and safety of public services, including:

• checks the chemical, biological, radiological composition of water;
• controls the level of noise generated by the operation of ventilation systems, elevators, heating units and other devices;
• monitors the implementation of disinfection and disinfestation measures;
• checks indicators of humidity, lighting, ventilation in residential premises.

In accordance with the Code of Administrative Offenses, Rospotrebnadzor prosecutes management companies that violate the requirements of sanitary standards.

local level

Separate duties are imposed on municipal bodies, which are carried out by the regional authorities.

Supervisory authorities in the field of housing and communal services at the local level can:

• check residential premises for compliance with the norms of their use and maintenance;
• monitor the use of common property in apartment buildings;
• check utilities for their compliance with established standards;
• monitor compliance with the requirements for making payments for repairs and utility bills.

Local self-government bodies are also authorized to carry out license control of the UK.

In most cases, at the local level, the work of management companies is controlled by the Housing and Communal Services Department under the city administration.

The procedure for conducting inspections is established by municipal legal acts.

Scheduled inspections by regional and municipal authorities are carried out once a year, unscheduled inspections are carried out upon receipt of complaints from residents, in case of violations of the rights of consumers of public services, in case of harm to human health or the environment, as well as in case of a threat of such harm.

Based on the results of the audit, an act of verification of the management company is drawn up.

Resident control

Management companies act on the basis of an agreement with tenants of a serviced apartment building, who have the right to request a verification of the conscientiousness of fulfilling its conditions. To do this, homeowners must write an application. Collective statements are processed faster and have greater force.

In the application, tenants must indicate their personal data and request a list of tariffs and their sizes from the Criminal Code. The document is drawn up in two copies.

The data provided is analyzed and correlated with the quality and quantity of services provided. For a detailed analysis, you can use the help of experts.

Reporting must be required not only for the current year, but also for the previous 1-2 years (for example, for 2019, 2018 and 2017).

If a discrepancy between the size of the tariffs and the quality of the services provided is found, then the owners receive grounds for filing a lawsuit, they can also file a collective complaint against the Criminal Code, which is sent to the supervisory authority. Both options have one outcome: the Criminal Code will be checked, and illegal fees will be reimbursed to residents if the fact of their existence is proven.

You can check the licensing of an organization on the State Services website (dom.gosuslugi.ru) by searching for the company name in the license register.

Audit checks

An audit of management companies in the housing and communal services sector makes it possible to make the work of the organization more transparent and optimize the maintenance of financial records. The audit check of the management company is carried out according to the following criteria:

• compliance of financial documentation with the actual costs of the company;
• the correctness of the execution of documents, the completeness and reliability of the information presented in them;
• efficiency of economic activity (correctness of targeted spending of funds, etc.).

Based on the results of the analysis, the auditor can give recommendations on improving the work of the Criminal Code, on improving the workflow, on optimizing costs (including tax).

During the audit, attention is drawn to the following documents:

• estimates that provide information on the costs of operating the housing stock;
• public service reporting on funds collected from residents;
• service reporting with the involvement of third-party services;

An audit of the management company with an analysis of these documents makes it possible to identify what percentage of the money invested by tenants goes to housing maintenance, and what part of the funds is spent inefficiently.

findings

So, who are the management companies reporting to?

Management companies are controlled at all levels: both by central authorities and ordinary homeowners. Federal ministries are responsible for the formation of the theoretical and regulatory framework governing the activities of management companies, regional and municipal authorities carry out regular checks on the compliance of organizations with established standards, and residents can check the management company by analyzing its financial records.

Such organizations control many areas of activity of the Criminal Code, namely:

List of regulatory authorities in this area

Federal level

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

1. Ministry of Construction of the Russian Federation. This state body is engaged in the approval of standards for public services, criteria for their quality and the procedure for their provision. The Ministry of Construction also regulates the financial side of accounting for thermal energy and water.
2. 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.
3. Federal Antimonopoly Service. It deals with the definition of the principle of formation of prices for resources and utilities.

Regional level

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

1. Goszhilnadzor (housing inspection). The main task of this organization is to conduct monitoring inspections of the work of service organizations in the housing and communal services sector. Such inspections concern the compliance of the housing and communal services company with all the requirements of the legislation in the field of housing and communal services. It is this body that is authorized to take part in the licensing of the Criminal Code.
2. Tariff Committee.
3. 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 state services, but also by specialized non-profit organizations. There is a whole network of regional centers, the development of which is supported by the Ministry of Construction of Russia.

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

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

Tariff monitoring services

This body is the Tariff Committee. In some regions there is no such instance, but in this case its duties lie with such instances as the regional energy commission or the regional ministry of 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 verification of the activities of the Criminal Code

If apartment owners are not sure about 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 is worth telling step by step:

Control over the activities of the management company is carried out by special state authorities, and the owners of apartments themselves can 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.

Tariffs are constantly growing, although the quality of these services leaves much to be desired. It seems to you that the management company is profiting from you and your neighbors. It's no secret that many houses that are under the control of management organizations are actually maintained by companies like Horns and Hooves, where dead souls work.

Homeowners have to pay at their own expense for non-existent work and services for non-existent employees. In the reporting documents submitted to the heads of management companies, these services are listed by an order of magnitude more than actually provided.

The activities of the management company can be checked. How to do this, read below.

Step one.

The correctness of the specified tariffs for utility bills can be checked. If you make a request, the management company is obliged to issue a document on the amount and list of mandatory payments. To all questions that arise regarding calculations and amounts for payment, you are obliged to give a clear and detailed answer. The management company is obliged to control the reasonableness of tariffs.

In practice, of course, everything is somewhat more complicated than it is written in the Housing Code. Homeowners need to stand up for their rights. According to statistics, about one and a half thousand disputes about the correctness of the billed tariffs were considered in Russian courts. These figures confirm that the owners are ready to defend their interests in the courts, although this is an extreme measure, but quite effective.

Step two.

Request a report from the management company on the work done. If you make a request, indicate for what period of activity. The report can be provided in various forms. Issuance of a copy of the report to each tenant in his hands, posting on the website, or in the entrance on the bulletin board.

If you have read the report and have any questions, they can be discussed at the owners' meeting. The procedure for submitting the report must be specified in the management contract. The contract should reflect the issues of spending funds, maintenance, repair of engineering equipment, improvement of the adjacent territory and premises, and sanitary maintenance of property.

Step three.

The information contained in the report must be substantiated. Demand submission of documents on the performed household work, on the hiring of employees and expenses. These can be payment orders, acts of work performed, and so on.

In Russia, over the past year, about 12,000 court cases have been considered, in which the owners demanded that the expenses of management companies for supposedly provided services be recognized as illegal. Of these, more than half were decided in favor of the owners.

Step four.

Analyze the available information. Organize an initiative group from among the tenants. Well, if it will be people who are versed in jurisprudence and accounting. If this is not possible, contact a specialized organization for help, for a fee they will conduct the necessary analysis.

If the inspection is carried out by the residents themselves, it is necessary to record what work was carried out and when. For example, according to the documents, a large amount was spent on roof repairs, and when it rains, the apartment is flooded, perhaps such work was not carried out, and your money ended up in someone else's pocket. Keep control of all documents on which wages were paid to employees, compliance of the declared amount of water with the one that was used.

Step five.

If, as a result of the audit, it turned out that the calculation of tariffs was incorrect, or the management company carried out any other illegal actions, you can file a complaint with the State Housing Inspectorate, Rospotrebnadzor, the court or the prosecutor's office. These public authorities are authorized to check the activities of management companies and stand up for the protection of the rights of homeowners. If violations are found, appropriate sanctions are applied to unscrupulous management companies.