Forms of management of an apartment building. Who manages MKD New principles for managing residential buildings

Housing legislation provides for three ways to manage an apartment building. The general meeting of the owners of the premises chooses the method of management and can change it at any time based on its decision (parts 2, 3 of article 161 of the LC RF).

Direct management of the owners of premises in an apartment building

Direct control is possible in an apartment building, the number of apartments in which is not more than thirty (part 2 of article 161 of the RF LC). On behalf of the owners of the premises in such a house, in relations with third parties, one of the owners of the premises in such a house or another person having the authority certified by a power of attorney (part 3 of article 164 of the LC RF) is entitled to act.

Advantages of direct control:

1) the absence of management costs, typical for the method of management through the managing organization;

2) Maintenance housing and common property can be carried out by the owners or contractors involved on a permanent or short-term basis, which reduces the cost of maintaining and repairing the house;

3) each owner independently concludes contracts with resource-supplying organizations and is not responsible for payment arrears utilities their neighbors (part 2 of article 164 of the LC RF).

Disadvantages of this control method:

1) a decrease in the efficiency of management and the quality of housing and communal services with a large number of owners of premises, the need to hold general meetings on each housing issue;

2) the inability to carry out major repairs at the expense of the Housing and Public Utilities Reform Assistance Fund.

Management of an HOA or a housing cooperative or other specialized consumer cooperative

A homeowners' association (HOA) is created by the owners of an apartment building (by the decision of more than 50% of the owners) or the owners of apartments in several buildings, is a type of real estate owners' association, which is an association of owners of premises in an apartment building, and is registered as a non-profit organization (clause 4 of part 2 article 44, part 1 article 46 of the LC RF, subparagraph 4 paragraph 3 article 50, paragraph 2 article 291 of the Civil Code of the Russian Federation).

Note!

From 09/01/2014, the HOA is created in the organizational and legal form of a legal entity - a partnership of property owners (hereinafter - TSN). At the same time, re-registration of created HOA in TSN is not required ( pp. 4 p. 3 art. 50, Art. 123.12 Civil Code of the Russian Federation; Letter Ministry of Construction of Russia dated April 10, 2015 N 10407-АЧ / 04).

The purpose of the HOA is to manage the common property of the house and carry out activities to create, maintain, preserve and increase such property, provide utilities, carry out other activities aimed at achieving the goals of managing apartment buildings or sharing the property of owners (part 1 of article 135 of the LCD RF).

The HOA has the right to provide services and (or) perform work on the maintenance and repair of common property in an apartment building on its own or engage, on the basis of contracts, persons engaged in relevant activities. If the HOA has concluded an agreement with the managing organization, it controls the fulfillment of obligations under such an agreement.

The advantages of the HOA are the direct management of the property of the owners and the provision of public services, the effective protection of the owners against resource-supplying organizations, as well as the possibility of conducting commercial activities.

The disadvantages of homeowners associations include the high level of expenses for the maintenance of the staff.

Managing organization management

Managing organization - commercial organization providing services for the management of an apartment building on the basis of a license (part 1.3 of article 161 of the LC RF).

In addition to the management method, the general meeting of owners of the premises must choose a specific management organization, agree on the terms of the contract and the amount of maintenance and repair fees with it.

When a management organization is chosen by the general meeting of owners of the premises, a management agreement is concluded with each owner on the terms specified in the decision of the general meeting. According to the terms of the contract managing organization within an agreed period, for a fee, undertakes to provide services and perform work on the proper maintenance and repair of common property in an apartment building, provide utility services to owners of premises and persons using premises in this house, carry out other activities aimed at achieving the goals of managing an apartment building (part 1 , 2 article 162 of the LC RF).

An apartment building management contract is concluded for a period of not less than one year and not more than five years. At the same time, the owners of the premises have the right to terminate the management agreement on the grounds provided for by civil law (parts 5, 8, article 162 of the LC RF).

For improper provision of services, the managing organization is liable to the owners in accordance with applicable law.

The owners of the premises, on the basis of a decision of the general meeting, unilaterally have the right to refuse to execute the contract for managing an apartment building if the managing organization does not comply with the terms of such an agreement, and decide to choose another managing organization or to change the method of managing the house (part 8.2 of article 162 of the LCD RF).

The disadvantages of this method of managing an apartment building:

1) the focus of the managing organization on making a profit from the provision of services to owners at the expense of increased tariffs, and not on managing other people's property;

2) the lack of ways for owners to directly control the results of services rendered or work performed;

3) the appointment of a managing organization based on the results of a competition by municipal authorities in situations where the owners of an apartment building have not chosen a method of management, and the complexity of the procedure for changing the managing organization (part 4 of article 161 of the RF LC).

Thus, housing legislation allows the owners of premises to independently determine the most convenient way management of an apartment building, taking into account the fullness of the existing relations both between the owners and with third parties.

The managing organization wants to oblige the owner of the premises to conclude an agreement MKD management

The managing organization wants to recognize the actions of the local government to select the managing organization to manage the MKD as illegal, since the owners of the premises have already chosen the managing organization

The owner of the premises wants to compensate for the losses incurred by him as a result of an emergency in the MKD

The management company was ordered to stop managing the apartment building

The new management organization wants to recover money from the predecessor for the repair (maintenance) of the common property of an apartment building

See all situations related to art. 161 ZhK RF MKD

1. The management of an apartment building must ensure favorable and safe conditions residence of citizens, the proper maintenance of common property in an apartment building, the resolution of issues related to the use of the said property, as well as the provision of public services to citizens living in such a house, or in the cases provided for in Article 157.2 of this Code, the constant readiness of utilities and other equipment included in the common property of owners of premises in an apartment building, for the provision of public services (hereinafter referred to as ensuring readiness engineering systems). Government Russian Federation establishes standards and rules for the management of apartment buildings.

(see text in previous edition)

1.1. Proper maintenance of the common property of owners of premises in an apartment building must be carried out in accordance with the requirements of the legislation of the Russian Federation, including in the field of ensuring the sanitary and epidemiological welfare of the population, on technical regulation, fire safety, consumer protection, and must ensure:

1) compliance with the requirements for the reliability and safety of an apartment building;

2) safety of life and health of citizens, property individuals, property legal entities, state and municipal property;

3) availability of use of premises and other property that is part of the common property of the owners of premises in an apartment building;

4) observance of the rights and legitimate interests of the owners of premises in an apartment building, as well as other persons;

5) the constant readiness of utilities, metering devices and other equipment that are part of the common property of the owners of premises in an apartment building, to supply the resources necessary for the provision of public services to citizens living in an apartment building, in accordance with the rules for the provision, suspension and restriction provision of utility services to owners and users of premises in apartment buildings and residential buildings established by the Government of the Russian Federation.

1.2. The composition of the minimum list of services and works necessary to ensure the proper maintenance of common property in an apartment building, the procedure for their provision and implementation are established by the Government of the Russian Federation.

1.3. Activities for the management of multi-apartment buildings are carried out on the basis of a license for its implementation, except for the case when such activities are carried out by a homeowners association, housing cooperative or other specialized consumer cooperative and the case provided for by part 3 of Article 200 of this Code.

2. The owners of premises in an apartment building are required to choose one of the ways to manage the apartment building:

1) direct management of the owners of premises in an apartment building, the number of apartments in which is not more than thirty;

(see text in previous edition)

2) management of an association of homeowners or a housing cooperative or other specialized consumer cooperative;

3) management of the managing organization.

2.1. When directly managing an apartment building by the owners of premises in this building, persons who perform work on the maintenance and repair of common property in an apartment building, provide cold and hot water supply and carry out water disposal, electricity, gas supply (including the supply of domestic gas in cylinders), heating ( heat supply, including supplies solid fuel in the presence of stove heating), municipal solid waste management, are responsible to the owners of premises in this house for fulfilling their obligations in accordance with the concluded agreements, as well as in accordance with the rules established by the Government of the Russian Federation for the maintenance of common property in an apartment building, the rules for providing, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings.

(see text in previous edition)

2.2. When managing an apartment building by an association of homeowners or a housing cooperative or other specialized consumer cooperative, the said partnership or cooperative shall be responsible for the maintenance of the common property in this house in accordance with the requirements technical regulations and the rules established by the Government of the Russian Federation for the maintenance of common property in an apartment building, for the provision of public services, depending on the level of improvement of this house, the quality of which must comply with the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings, or in the cases provided for in Article 157.2 of this Code, for ensuring the readiness of engineering systems. The specified partnership or cooperative may provide services and (or) carry out work on the maintenance and repair of common property in an apartment building on its own or engage, on the basis of contracts, persons engaged in relevant activities. When concluding an agreement on the management of an apartment building with a managing organization, the said partnership or cooperative shall exercise control over the fulfillment by the managing organization of obligations under such an agreement, including the provision of all services and (or) the performance of work to ensure the proper maintenance of common property in this house, the provision of utilities services, depending on the level of improvement of this house, the quality of which must comply with the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings.

(see text in previous edition)

2.3. When managing an apartment building by a managing organization, it is responsible to the owners of premises in an apartment building for the provision of all services and (or) performance of work that ensures the proper maintenance of common property in this house and the quality of which must comply with the requirements of technical regulations and the maintenance rules established by the Government of the Russian Federation common property in an apartment building, for the provision of public services depending on the level of improvement of this house, the quality of which must comply with the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings, or in cases provided for in Article 157.2 of this Code, for ensuring the readiness of engineering systems.

(see text in previous edition)

ConsultantPlus: note.

When changing the method of managing an MKD or choosing a managing organization, you can decide to maintain the previous procedure for the provision of utility services and payments for them (Federal Law of 06/29/2015 N 176-FZ).

3. The method of managing an apartment building is chosen at a general meeting of owners of premises in an apartment building and can be chosen and changed at any time based on its decision. The decision of the general meeting on the choice of management method is binding on all owners of premises in an apartment building.

(see text in previous edition)

3.1. Upon termination of management of an apartment building by a partnership of homeowners, a housing or housing-construction cooperative, or other specialized consumer cooperative, the said partnership, cooperative, within three working days from the date of the decision of the general meeting of owners of premises in an apartment building to change the method of managing such a house, must transfer the technical documentation to an apartment building and other documents related to the management of such a building, keys to premises that are part of the common property of the owners of premises in an apartment building, electronic access codes to equipment that is part of the common property of owners of premises in an apartment building, and others technical means and equipment necessary for the operation and management of the apartment building, to the person who has assumed the obligation to manage the apartment building, or in the case of choosing a direct method of managing the apartment building, to the owner of the premises in the apartment building, specified in the decision of the general meeting of owners of premises in the apartment building on the choice direct way of managing the apartment building, or, if such owner is not specified, to any owner of the premises in such an apartment building.

4. The local self-government body, in accordance with the procedure established by the Government of the Russian Federation, holds an open competition for the selection of a managing organization in the cases specified in Part 13 of this Article and Part 5 of Article 200 of this Code, and also if, within six months before the date of the holding of the specified competition, the owners of premises in an apartment building did not choose a way to manage this house or if the decision made on choosing a way to manage this house was not implemented. An open tender is also held if, before the expiration of the contract for the management of an apartment building, concluded on the basis of the results open competition, the method of managing this house has not been selected, or if the decision made on choosing the method of managing this house has not been implemented.

(see text in previous edition)

4.1. Information on holding an open tender for the selection of a managing organization is posted on the official website of the Russian Federation in the information and telecommunications network "Internet" for posting information about the auction (hereinafter referred to as the official website on the Internet). The Government of the Russian Federation determines the official website on the Internet and the body authorized to maintain it. Before the Government of the Russian Federation determines the official website on the Internet, a notice of an open tender is posted on the official website of the municipality on the Internet information and telecommunications network, and is also published in the official printed edition, designed to publish information about the placement of orders for municipal needs. Information about the competition should be available to everyone for review. interested parties without charge. Information on the results of an open competition is posted on the website in the information and telecommunications network "Internet", on which information about its holding was posted, no later than three days from the date of determining such results, and is also published in the official print publication in which information about its implementation.

5. The local self-government body, within ten days from the date of the open tender provided for by paragraph 4 of this article, notifies all owners of premises in an apartment building about the results of this tender and about the terms of the contract for managing this house. The owners of premises in an apartment building are obliged to conclude a management agreement for this building with a managing organization selected based on the results of the open tender provided for by Part 4 of this Article, in the manner prescribed by Article 445 of the Civil Code of the Russian Federation.

6. Not later than one month before the expiration of the term of the contract for managing an apartment building specified in paragraph 5 of this article, the local government convenes a meeting of owners of premises in this house to decide on the choice of a method for managing this house, if such a decision has not been previously made in accordance with with part 3 of this article.

(see text in previous edition)

7. Any owner of premises in an apartment building may apply to the court with a request to oblige local governments to select a management organization in accordance with the provisions of part 4 of this article.

(see text in previous edition)

8.1. It is not allowed to conclude an agreement on the management of an apartment building based on the results of an open tender or if the specified tender is declared invalid, earlier than ten days from the date of posting information about the results of the specified tender on the official website on the Internet. This requirement does not apply until the Government of the Russian Federation determines the official site on the Internet.

9. An apartment building can be managed by only one managing organization.

(see text in previous edition)

10.1. The managing organization is obliged to provide free access to information on the main indicators of its financial and economic activities, on the services provided and on the work performed for the maintenance and repair of common property in an apartment building, on the procedure and conditions for their provision and implementation, on their cost, on prices (tariffs) for the provided utility services by placing it in the system. The procedure, composition, timing and frequency of posting in the system information on the activities of managing an apartment building and providing for familiarization the documents provided for by this Code by a homeowners association or a housing cooperative or other specialized consumer cooperative managing an apartment building (without concluding an agreement with a managing organization ), are set federal agency executive power executing the functions of developing and implementing state policy and legal regulation in the field of information technologies, together with the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services, unless a different period for posting the specified information in the system is established by federal law.

(see text in previous edition)

11. In the case provided for by Article 157.2 of this Code, the managing organization, a homeowners' association or a housing cooperative or other specialized consumer cooperative that manages an apartment building, in the manner established by the Government of the Russian Federation, must:

1) provide resource-supplying organizations, the regional operator for the treatment of municipal solid waste with the information necessary for calculating fees for utilities, including the readings of individual metering devices (when such readings are provided by the owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or contracts for the lease of residential premises of the state or municipal housing stock in this house to a managing organization, a homeowners association or a housing cooperative or other specialized consumer cooperative) and collective (common house) metering devices installed in an apartment building;

2) carry out quality control communal resources and the continuity of their supply to the boundaries of common property in an apartment building;

3) accept from owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or contracts for the rental of residential premises of state or municipal housing stock in this house complaints about violations of the requirements for the quality of public services and (or) the continuity of the provision of such services, violations in the calculation the amount of payment for utilities and interact with resource-supplying organizations and the regional operator for the treatment of municipal solid waste when considering these applications, verifying the facts set forth in them, eliminating identified violations and sending information on the results of consideration of applications in the manner established by the Government of the Russian Federation;

4) provide resource-supplying organizations with access to common property in an apartment building in order to suspend or restrict the provision of utility services to owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or rental agreements for residential premises of state or municipal housing stock in this house or by agreement with resource-supplying organizations to suspend or restrict the provision of utility services to owners of premises in an apartment building and tenants of residential premises under social rental contracts or contracts for the rental of residential premises of state or municipal housing stock in this house.

(see text in previous edition)

11.1. With the direct management of an apartment building by the owners of premises in an apartment building, a municipal solid waste management service is provided to owners and users of premises in this building by a regional operator for municipal solid waste management.

12. Management organizations, associations of homeowners or housing cooperatives or other specialized consumer cooperatives managing apartment buildings shall not have the right to refuse to conclude, in accordance with the rules specified in paragraph 1 of Article 157 of this Code, contracts, including in relation to communal resources consumed in the maintenance of common property in an apartment building, with resource supply organizations that carry out cold and hot water supply, sewerage, electricity supply, gas supply (including supplies of domestic gas in cylinders), heating (heat supply, including supplies of solid fuel in the presence of stove heating), and a regional municipal solid waste management operator, except for cases provided for by Part 1 of Article 157.2 of this Code. The validity period and other conditions of the said contracts, including those concluded with regard to the acquisition of communal resources consumed in the use and maintenance of common property in an apartment building, are established in accordance with the rules specified in part 1 of article 157, part 4 of this article open tender. Within ten days from the date of the open tender, the local self-government body notifies all persons who have accepted from the developer (the person providing the construction of an apartment building) after issuing him a permit to put the apartment building into operation of the premises in this house according to the deed of transfer or other transfer document, on the results of an open tender and on the terms of the contract for managing this house. These persons are required to conclude a management agreement for this house with a management organization selected based on the results of an open tender. If within two months from the date of the open tender, the owners have not concluded a management agreement with the managing organization, such an agreement is considered concluded on the terms determined by the open tender.

part 7 of Article 46 of this Code. In the event of the sale or otherwise alienation of the first premises in this multi-apartment building, the owners of the premises in this multi-apartment building, within one year from the date of sale or otherwise alienation of the first premises in this multi-apartment building, must choose such owners at a general meeting and implement a method for managing this apartment building .

15. The organization that supplies the resources necessary for the provision of public services is responsible for the supply of these resources of adequate quality to the boundaries of the common property in an apartment building and the boundaries of the external networks of engineering and technical support for this house, unless otherwise established by an agreement with such an organization.

(see text in previous edition)

16. The person who is responsible for the maintenance and repair of common property in an apartment building, within the scope of the provision of these services, is obliged to ensure the condition of the common property in an apartment building at the level necessary for the provision of public services of proper quality.

17. Management of an apartment building, in respect of which the owners of premises in an apartment building have not chosen the method of managing such a house in the manner prescribed by this Code, or the chosen method of management has not been implemented, a managing organization has not been determined, including due to the recognition of an open tender for selection as invalid management organization conducted by a local government body in accordance with this Code is carried out by a management organization that has a license to carry out entrepreneurial activity for the management of apartment buildings, determined by the decision of the local government in the manner and on the terms established by the Government of the Russian Federation. Such a managing organization carries out activities for the management of an apartment building until the owners of the premises in the apartment building choose a method for managing the apartment building or until the conclusion of an agreement on the management of the apartment building with a management organization determined by the owners of the premises in the apartment building or based on the results of an open tender provided for in paragraph 4 of this article, but no more than one year.

Federal law extends entry into force

1. The management of an apartment building must ensure favorable and safe living conditions for citizens, the proper maintenance of common property in an apartment building, the resolution of issues related to the use of this property, as well as the provision of public services to citizens living in such a house, or in cases provided for in Article 157.2 of this Code, constant readiness of utilities and other equipment that are part of the common property of the owners of premises in an apartment building for the provision of public services (hereinafter - ensuring the readiness of engineering systems). The Government of the Russian Federation establishes standards and rules for the management of apartment buildings.

Information about changes:

The provisions of Article 161 of this Code (as amended by Federal Law No. 59-FZ of April 3, 2018) apply to relations arising from contracts for the management of an apartment building concluded prior to the date of entry into force of the said Federal Law

2.2. When managing an apartment building by a partnership of homeowners or a housing cooperative or other specialized consumer cooperative, the said partnership or cooperative shall be responsible for the maintenance of common property in this house in accordance with the requirements of technical regulations and the rules established by the Government of the Russian Federation, the rules of Article 157.2 of this Code, for ensuring the readiness of engineering systems. The specified partnership or cooperative may provide services and (or) carry out work on the maintenance and repair of common property in an apartment building on its own or engage, on the basis of contracts, persons engaged in relevant activities. When concluding an agreement on the management of an apartment building with a managing organization, the said partnership or cooperative shall exercise control over the fulfillment by the managing organization of obligations under such an agreement, including the provision of all services and (or) the performance of work to ensure the proper maintenance of common property in this house, the provision of utilities services, depending on the level of improvement of this house, the quality of which must comply with the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings.

Information about changes:

Part 2.3 changed from April 3, 2018 - Federal Law of April 3, 2018 N 59-FZ

Information about changes:

Article 161 was supplemented by part 3.1 from January 11, 2018 - Federal Law

3.1. Upon termination of management of an apartment building by a partnership of homeowners, a housing or housing-construction cooperative, or other specialized consumer cooperative, the said partnership, cooperative, within three working days from the date of the decision of the general meeting of owners of premises in an apartment building to change the method of managing such a house, must transfer the technical documentation to an apartment building and other documents related to the management of such a building, keys to premises that are part of the common property of the owners of premises in an apartment building, electronic access codes to equipment that is part of the common property of owners of premises in an apartment building, and other technical means and equipment necessary for the operation and management of the apartment building, to the person who has assumed the obligation to manage the apartment building, or in the case of choosing a direct method of managing the apartment building to the owner of the premises in an apartment building, specified in the decision of the general meeting of owners of premises in an apartment building on the choice of a direct method of managing the apartment building, or, if such an owner is not indicated, to any owner of the premises in such an apartment building.

4. The local self-government body, in accordance with the procedure established by the Government of the Russian Federation, holds an open competition for the selection of a managing organization in the cases specified in Part 13 of this Article and Part 5 of Article 200 of this Code, and also if, within six months before the date of the holding of the specified competition, the owners of premises in an apartment building did not choose a way to manage this house or if the decision made on choosing a way to manage this house was not implemented. An open tender is also held if, before the expiration of the contract for managing an apartment building concluded on the basis of the results of an open tender, the method of managing this house has not been chosen or if the decision made on choosing the method of managing this house has not been implemented.

4.1. Information on holding an open tender for the selection of a managing organization is posted on the official website of the Russian Federation in the information and telecommunications network "Internet" for posting information about the auction (hereinafter referred to as the official website on the Internet). The Government of the Russian Federation determines the official website on the Internet and the body authorized to maintain it. Until the Government of the Russian Federation determines the official website on the Internet, a notice of an open tender is posted on the official website of the municipality on the Internet information and telecommunication network, and is also published in an official print publication intended for publishing information on placing orders for municipal needs. . Information about the holding of the specified competition should be available for review to all interested parties without charging a fee. Information on the results of an open competition is posted on the website in the information and telecommunications network "Internet", on which information about its holding was posted, no later than three days from the date of determining such results, and is also published in the official print publication in which information about its implementation.

9. An apartment building can be managed by only one managing organization.

2) to control the quality of communal resources and the continuity of their supply to the boundaries of common property in an apartment building;

Information about changes:

Part 12 changed from April 3, 2018 - Federal Law of April 3, 2018 N 59-FZ

12. Management organizations, associations of homeowners or housing cooperatives or other specialized consumer cooperatives that manage multi-apartment buildings are not entitled to refuse to conclude contracts in accordance with the rules specified in paragraph 1 of Article 157 of this Code, including in relation to communal resources consumed in the maintenance of common property in an apartment building, with resource-supplying organizations that provide cold and hot water supply, sewerage, electricity, gas supply (including domestic gas supplies in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating), and a regional operator for the treatment of municipal solid waste, except for the cases provided for in part 4 of this article, an open tender. Within ten days from the date of the open tender, the local self-government body notifies all persons who have accepted from the developer (the person providing the construction of an apartment building) after issuing him a permit to put the apartment building into operation of the premises in this house according to the deed of transfer or other transfer document, on the results of an open tender and on the terms of the contract for managing this house. These persons are required to conclude a management agreement for this house with a management organization selected based on the results of an open tender. If within two months from the date of the open tender, the owners have not concluded a management agreement with the managing organization, such an agreement is considered concluded on the terms determined by the open tender.

14. Prior to the conclusion of an agreement on the management of an apartment building between the person specified in clause 6 of part 2 of Article 153 of this Code and the managing organization selected based on the results of an open tender, the management of the apartment building is carried out by the managing organization, with which the developer must conclude an agreement on the management of an apartment building not later than five days from the date of receipt of permission to commission an apartment building.

Information about changes:

Federal Law No. 217-FZ of July 21, 2014 supplemented Article 161 of this Code with Part 14.1

14.1. In case of termination of the use of the building as a rental house, the owner, who owns all the premises in the apartment building, makes decisions on issues related to the management of the apartment building, in the manner prescribed by paragraph 7 of Article 46 of this Code. In the event of the sale or otherwise alienation of the first premises in this multi-apartment building, the owners of the premises in this multi-apartment building, within one year from the date of sale or otherwise alienation of the first premises in this multi-apartment building, must choose such owners at a general meeting and implement a method for managing this apartment building .

Information about changes:

Federal Law No. 123-FZ of June 4, 2011 supplemented Article 161 of this Code with Part 15

Article 161 was supplemented by part 17 from January 12, 2019 - Federal Law of December 31, 2017 N 485-FZ

17. Management of an apartment building, in respect of which the owners of premises in an apartment building have not chosen the method of managing such a house in the manner prescribed by this Code, or the chosen method of management has not been implemented, a managing organization has not been determined, including due to the recognition of an open tender for selection as invalid management organization, conducted by a local government body in accordance with this Code, is carried out by a management organization that has a license to carry out entrepreneurial activities for the management of apartment buildings, determined by the decision of the local government body in the manner and on the terms established by the Government of the Russian Federation. Such a managing organization carries out activities for the management of an apartment building until the owners of the premises in the apartment building choose a method for managing the apartment building or until the conclusion of an agreement on the management of the apartment building with a management organization determined by the owners of the premises in the apartment building or based on the results of an open tender provided for in paragraph 4 of this article, but no more than one year.

Article 161 General requirements to the management of an apartment building

(As amended by Federal Law No. 123-FZ dated June 4, 2011)

1) compliance with the requirements for the reliability and safety of an apartment building;
2) safety of life and health of citizens, property of individuals, property of legal entities, state and municipal property;
3) availability of use of premises and other property that is part of the common property of the owners of premises in an apartment building;
4) observance of the rights and legitimate interests of the owners of premises in an apartment building, as well as other persons;
5) the constant readiness of utilities, metering devices and other equipment that are part of the common property of the owners of premises in an apartment building, to supply the resources necessary for the provision of public services to citizens living in an apartment building, in accordance with the rules for the provision, suspension and restriction provision of utility services to owners and users of premises in apartment buildings and residential buildings established by the Government of the Russian Federation.
(Part 1.1 was introduced by Federal Law No. 123-FZ of 04.06.2011)

2. The owners of premises in an apartment building are required to choose one of the ways to manage the apartment building:

1) direct management of the owners of premises in an apartment building, the number of apartments in which is not more than thirty;
(as amended by Federal Laws No. 255-FZ dated July 21, 2014, No. 176-FZ dated June 29, 2015)
2) management of an association of homeowners or a housing cooperative or other specialized consumer cooperative;
3) management of the managing organization.

2.1. When directly managing an apartment building by the owners of premises in this building, persons who perform work on the maintenance and repair of common property in an apartment building, provide cold and hot water supply and carry out water disposal, electricity, gas supply (including the supply of domestic gas in cylinders), heating ( heat supply, including the supply of solid fuel in the presence of stove heating), the management of municipal solid waste, are responsible to the owners of the premises in this house for the fulfillment of their obligations in accordance with the concluded agreements, as well as in accordance with the rules established by the Government of the Russian Federation for the maintenance of general property in an apartment building, the rules for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings.
(Part 2.1 was introduced by Federal Law No. 123-FZ of 04.06.2011; as amended by Federal Law No. 458-FZ of 29.12.2014)

2.2. When managing an apartment building by a partnership of homeowners or a housing cooperative or other specialized consumer cooperative, the said partnership or cooperative is responsible for the maintenance of common property in this building in accordance with the requirements of technical regulations and the rules established by the Government of the Russian Federation for maintaining common property in an apartment building, for the provision of communal services, depending on the level of improvement of this house, the quality of which must comply with the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings, or in cases provided for in Article 157.2 of this Code, for providing readiness of engineering systems. The specified partnership or cooperative may provide services and (or) carry out work on the maintenance and repair of common property in an apartment building on its own or engage, on the basis of contracts, persons engaged in relevant activities. When concluding an agreement on the management of an apartment building with a managing organization, the said partnership or cooperative shall exercise control over the fulfillment by the managing organization of obligations under such an agreement, including the provision of all services and (or) the performance of work to ensure the proper maintenance of common property in this house, the provision of utilities services, depending on the level of improvement of this house, the quality of which must comply with the requirements of the rules established by the Government of the Russian Federation for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings.
(Part 2.2 was introduced by Federal Law No. 123-FZ of 04.06.2011; as amended by Federal Law No. 59-FZ of 03.04.2018)

3.1. Upon termination of management of an apartment building by a partnership of homeowners, a housing or housing-construction cooperative, or other specialized consumer cooperative, the said partnership, cooperative, within three working days from the date of the decision of the general meeting of owners of premises in an apartment building to change the method of managing such a house, must transfer the technical documentation to an apartment building and other documents related to the management of such a building, keys to premises that are part of the common property of the owners of premises in an apartment building, electronic access codes to equipment that is part of the common property of owners of premises in an apartment building, and other technical means and equipment necessary for the operation and management of the apartment building, to the person who has assumed the obligation to manage the apartment building, or in the case of choosing a direct method of managing the apartment building to the owner of the premises in an apartment building, specified in the decision of the general meeting of owners of premises in an apartment building on the choice of a direct method of managing the apartment building, or, if such an owner is not indicated, to any owner of the premises in such an apartment building.
(Part 3.1 was introduced by Federal Law No. 485-FZ of December 31, 2017)

4. The local self-government body, in accordance with the procedure established by the Government of the Russian Federation, holds an open competition for the selection of a managing organization in the cases specified in Part 13 of this Article and Part 5 of Article 200 of this Code, and also if, within six months before the date of the holding of the specified competition, the owners of premises in an apartment building did not choose a way to manage this house or if the decision made on choosing a way to manage this house was not implemented. An open tender is also held if, before the expiration of the contract for managing an apartment building concluded on the basis of the results of an open tender, the method of managing this house has not been chosen or if the decision made on choosing the method of managing this house has not been implemented.
(as amended by Federal Laws No. 251-FZ of 29.12.2006, No. 160-FZ of 23.07.2008, No. 237-FZ of 27.07.2010, No. 134-FZ of 04.06.2018)

4.1. Information on holding an open tender for the selection of a managing organization is posted on the official website of the Russian Federation in the information and telecommunications network "Internet" for posting information about the auction (hereinafter referred to as the official website on the Internet). The Government of the Russian Federation determines the official website on the Internet and the body authorized to maintain it. Until the Government of the Russian Federation determines the official website on the Internet, a notice of an open tender is posted on the official website of the municipality on the Internet information and telecommunication network, and is also published in an official print publication intended for publishing information on placing orders for municipal needs. . Information about the holding of the specified competition should be available for review to all interested parties without charging a fee. Information on the results of an open competition is posted on the website in the information and telecommunications network "Internet", on which information about its holding was posted, no later than three days from the date of determining such results, and is also published in the official print publication in which information about its implementation.
(Part 4.1 was introduced by Federal Law No. 401-FZ of December 6, 2011)

8. The conclusion of an agreement on the management of an apartment building without holding an open tender, provided for in parts 4 and 13 of this article, is allowed if the specified tender is declared invalid in accordance with the law.
(as amended by Federal Law No. 38-FZ dated April 5, 2013)

9. An apartment building can be managed by only one managing organization.

10.1. The managing organization is obliged to provide free access to information on the main indicators of its financial and economic activities, on the services provided and on the work performed for the maintenance and repair of common property in an apartment building, on the procedure and conditions for their provision and implementation, on their cost, on prices (tariffs) for those provided through its placement in the system. The procedure, composition, timing and frequency of posting in the system information on the activities of managing an apartment building and providing for familiarization the documents provided for by this Code by a homeowners association or a housing cooperative or other specialized consumer cooperative managing an apartment building (without concluding an agreement with a managing organization ) are established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of information technology, together with the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and public utilities, unless another period for posting the specified information in the system is established by federal law.
(Part 10.1 was introduced by Federal Law No. 263-FZ of July 21, 2014; as amended by Federal Law No. 469-FZ of December 28, 2016)

2) to control the quality of communal resources and the continuity of their supply to the boundaries of common property in an apartment building;

12. Management organizations, associations of homeowners or housing cooperatives or other specialized consumer cooperatives that manage multi-apartment buildings are not entitled to refuse to conclude contracts in accordance with the rules specified in paragraph 1 of Article 157 of this Code, including in relation to communal resources consumed in the maintenance of common property in an apartment building, with resource-supplying organizations that provide cold and hot water supply, sewerage, electricity, gas supply (including domestic gas supplies in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating), and a regional operator for the treatment of municipal solid waste, except for the cases provided for by Part 1 of Article 157.2 of this Code. The validity period and other conditions of the said contracts, including those concluded with regard to the acquisition of communal resources consumed in the use and maintenance of common property in an apartment building, are established in accordance with the rules specified in Part 1 of Article 157 of this Code. The owners of premises in multi-apartment buildings are not entitled to refuse to conclude contracts specified in part 1 of Article 157.2 and in part 2 of Article 164 of this Code.
(Part 12 was introduced by Federal Law No. 123-FZ of 04.06.2011; as amended by Federal Laws No. 458-FZ of 29.12.2014, No. 485-FZ of 31.12.2017, No. 59-FZ of 03.04.2018)

13. Within twenty days from the date of issue in the manner prescribed by the legislation on urban planning activities permission to put into operation an apartment building, the local government places a notice of an open tender for the selection of a managing organization on the official website on the Internet and no later than forty days from the date of placement of such a notice in accordance with part 4 of this article open competition. Within ten days from the date of the open tender, the local self-government body notifies all persons who have accepted from the developer (the person providing the construction of an apartment building) after issuing him a permit to put the apartment building into operation of the premises in this house according to the deed of transfer or other transfer document, on the results of an open tender and on the terms of the contract for managing this house. These persons are required to conclude a management agreement for this house with a management organization selected based on the results of an open tender. If within two months from the date of the open tender, the owners have not concluded a management agreement with the managing organization, such an agreement is considered concluded on the terms determined by the open tender.
(as amended by Federal Laws No. 38-FZ dated April 5, 2013, No. 176-FZ dated June 29, 2015)

15.1. The regional operator for the treatment of municipal solid waste is responsible for the provision of municipal services for the treatment of municipal solid waste starting from the place of accumulation of municipal solid waste, unless otherwise provided by the contract.
(Part 15.1 was introduced by Federal Law No. 458-FZ of December 29, 2014; as amended by Federal Law No. 404-FZ of December 29, 2015)

17. Management of an apartment building, in respect of which the owners of premises in an apartment building have not chosen the method of managing such a house in the manner prescribed by this Code, or the chosen method of management has not been implemented, a managing organization has not been determined, including due to the recognition of an open tender for selection as invalid management organization, conducted by a local government body in accordance with this Code, is carried out by a management organization that has a license to carry out entrepreneurial activities for the management of apartment buildings, determined by the decision of the local government body in the manner and on the conditions established by the Government of the Russian Federation. Such a managing organization carries out activities for the management of an apartment building until the owners of the premises in the apartment building choose a method for managing the apartment building or until the conclusion of an agreement on the management of the apartment building with a management organization determined by the owners of the premises in the apartment building or based on the results of an open tender provided for in paragraph 4 of this article, but no more than one year.
(Part 17 was introduced by Federal Law No. 485-FZ of December 31, 2017)

(introduced by Federal Law No. 123-FZ dated 04.06.2011)

1. In the event that an association of homeowners has not been established in an apartment building, or this house is not managed by a housing cooperative or other specialized consumer cooperative and at the same time there are more than four apartments in this building, the owners of the premises in this building at their general meeting are obliged to elect the council of the apartment building from among the owners of the premises in this building. Registration of the council of an apartment building in local governments or other bodies is not carried out.

2. In the cases specified in paragraph 1 of this article, provided that during the calendar year the decision to elect the council of the apartment building by the owners of the premises in it is not made or the corresponding decision is not implemented, the local government within three months convenes a general meeting of the owners of the premises in an apartment building, the agenda of which includes the election of the council of the apartment building in this building, including the chairman of the council of this building, or the creation of an association of homeowners in this building.

3. The council of an apartment building cannot be elected in relation to several apartment buildings.

4. The number of members of the council of an apartment building is established at a general meeting of owners of premises in an apartment building. Unless otherwise established by a decision of the general meeting of owners of premises in an apartment building, the number of members of the council of an apartment building is established taking into account the number of entrances, floors, apartments in this building.

5. Council of the apartment building:

1) ensures the implementation of decisions of the general meeting of owners of premises in an apartment building;
2) submits to the general meeting of owners of premises in an apartment building as issues for discussion proposals on the procedure for using common property in an apartment building, including land plot on which this house is located, on the procedure for planning and organizing work on the maintenance and repair of common property in an apartment building, on the procedure for discussing draft agreements concluded by the owners of premises in this house in relation to common property in this house and the provision of utilities, as well as proposals on issues of competence of the council of an apartment building, elected commissions and other proposals on issues, the adoption of decisions on which does not contradict this Code;
3) submit proposals to the owners of premises in an apartment building on the issues of planning the management of an apartment building, organization of such management, maintenance and repair of common property in this building;
4) submits to the owners of premises in an apartment building before consideration at a general meeting of owners of premises in this building its opinion on the terms of draft contracts proposed for consideration at this general meeting. In case of election in an apartment building of a commission for the evaluation of draft agreements, the said conclusion is submitted by the council of this building together with such a commission;
5) exercise control over the provision of services and (or) performance of work on the management of an apartment building, the maintenance and repair of common property in an apartment building and the quality of public services provided to owners of residential and non-residential premises in an apartment building and users of such premises, including premises that are part of the common property in this house;
6) submit for approval to the annual general meeting of owners of premises in an apartment building a report on the work done;
7) makes decisions on the current repair of common property in an apartment building in the event that a general meeting of owners of premises in an apartment building makes an appropriate decision in accordance with clause 4.2 of part 2 of Article 44 of this Code.
(Clause 7 was introduced by Federal Law No. 176-FZ of June 29, 2015)

6. From among the members of the council of an apartment building at a general meeting of owners of premises in an apartment building, a chairman of the council of an apartment building is elected.

7. The chairman of the council of an apartment building manages the current activities of the council of an apartment building and is accountable to the general meeting of owners of premises in an apartment building.

8. Chairman of the council of an apartment building:

1) prior to the adoption by the general meeting of owners of premises in an apartment building of a decision to conclude an agreement on the management of an apartment building, the right to enter into negotiations on the terms said agreement, and in case of direct management of an apartment building by the owners of premises in this house, they have the right to enter into negotiations on the terms of the contracts specified in parts 1 and 2 of Article 164 of this Code;
2) bring to the attention of the general meeting of owners of premises in an apartment building the results of negotiations on the issues specified in paragraph 1 of this part;
3) on the basis of a power of attorney issued by the owners of premises in an apartment building, concludes, on the terms specified in the decision of the general meeting of owners of premises in this building, an agreement for the management of an apartment building or agreements specified in parts 1 and 2 of Article 164 of this Code. Under an apartment building management agreement, all owners of premises in an apartment building who have granted the chairman of the council of an apartment building powers, certified by such powers of attorney, acquire rights and become obligated. The owners of premises in an apartment building have the right to demand from the managing organization a copy of this agreement, and in the case of direct management of an apartment building by the owners of premises in this house, copies of contracts concluded with persons providing services and (or) performing work on the maintenance and repair of common property in this house , from the specified persons;
4) exercise control over the fulfillment of obligations under concluded contracts for the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building on the basis of a power of attorney issued by the owners of premises in an apartment building, sign certificates of acceptance of services rendered and (or) work performed on content and current repairs common property in an apartment building, acts on violation of quality standards or the frequency of services and (or) performance of work on the maintenance and repair of common property in an apartment building, acts on the failure to provide utilities or the provision of utilities of inadequate quality, and also sends to local governments applications for non-fulfillment by the managing organization of the obligations provided for by paragraph 2 of Article 162 of this Code;
5) on the basis of a power of attorney issued by the owners of premises in an apartment building, acts in court as a representative of the owners of premises in this building in cases related to the management of this building and the provision of public services.
6) makes decisions on issues that are referred for decision to the chairman of the council of an apartment building in accordance with the decision of the general meeting of owners of premises in an apartment building, adopted in accordance with clause 4.3 of part 2 of Article 44 of this Code.
(Clause 6 was introduced by Federal Law No. 176-FZ of June 29, 2015)

8.1. The general meeting of owners of premises in an apartment building has the right to decide on the payment of remuneration to members of the council of an apartment building, including the chairman of the council of an apartment building. Such a decision must contain the conditions and procedure for the payment of the specified remuneration, as well as the procedure for determining its amount.
(Part 8.1 was introduced by Federal Law No. 176-FZ of June 29, 2015)

9. The Council of an apartment building is valid until re-elected at a general meeting of owners of premises in an apartment building or in the event of a decision to establish a homeowners association before the election of the board of the homeowners association.

10. The council of an apartment building is subject to re-election at a general meeting of owners of premises in an apartment building every two years, unless a different period is established by a decision of the general meeting of owners of premises in this building. In the event that the general meeting of owners of premises in an apartment building fails to make a decision on the re-election of the council of the apartment building within the prescribed period, the powers of the council of the apartment building are extended for the same period. In case of improper performance of its duties, the council of an apartment building may be re-elected ahead of schedule by the general meeting of owners of premises in an apartment building.

11. To prepare proposals on certain issues related to the management of an apartment building, commissions of owners of premises in this building, which are collegial advisory bodies for managing an apartment building, may be elected.

12. Commissions of owners of premises in an apartment building are elected by decision of the general meeting of owners of premises in an apartment building or by decision of the council of an apartment building.

13. The general meeting of owners of premises in an apartment building may decide to use a system or other information system, taking into account the functions of these systems in the activities of the council of an apartment building, the chairman of the council of an apartment building, commissions of owners of premises in an apartment building if they are elected, as well as on determination of persons who, on behalf of the owners of premises in an apartment building, are authorized to ensure the activities of the said council, chairman, and commissions.
(Part 13 was introduced by Federal Law No. 263-FZ of July 21, 2014)

Article 162

1. An agreement for the management of an apartment building is concluded with a management organization that has been granted a license to carry out activities for the management of apartment buildings in accordance with the requirements of this Code, in writing or in electronic form using the system by drawing up one document signed by the parties. When a management organization is chosen by a general meeting of owners of premises in an apartment building, a management agreement is concluded with each owner of premises in such a house on the terms specified in the decision of this general meeting. At the same time, the owners of the premises in this building, having more than fifty percent of the votes from total number votes of the owners of the premises in this house, act as one side of the contract. Each owner of a premise in an apartment building independently fulfills the obligations under an apartment building management agreement, including the obligation to pay for the dwelling and utilities, and is not liable for the obligations of other owners of premises in this building.
(as amended by Federal Laws No. 123-FZ of 04.06.2011, No. 263-FZ of 21.07.2014, No. 255-FZ of 21.07.2014, No. 214-FZ of 26.07.2019)

1.1. In the case provided for by Part 13 of Article 161 of this Code, with each person who has accepted from the developer (the person providing the construction of an apartment building) after the issuance of a permit to put the apartment building into operation, the premises in this house according to the deed of transfer or other document on the transfer, apartment building management contract. At the same time, such persons act as one party to the concluded agreement if they make up more than fifty percent of their total number.
(Part 1.1 was introduced by Federal Law No. 38-FZ of April 5, 2013)

2. Under an apartment building management agreement, one party (management organization) on the instructions of the other party (owners of premises in an apartment building, management bodies of a homeowners association, management bodies of a housing cooperative or management bodies of another specialized consumer cooperative, a person specified in clause 6 of part 2 article 153 of this Code, or in the case provided for by part 14 of article 161 of this Code, the developer) within the agreed period for a fee undertakes to perform work and (or) provide services for the management of an apartment building, provide services and perform work on the proper maintenance and repair of the common of property in such a house, provide utility services to the owners of premises in such a house and persons using premises in this house, or in the cases provided for in Article 157.2 of this Code, ensure the readiness of engineering systems, carry out other management aimed at achieving the goals ia apartment building activities.
(as amended by Federal Laws No. 123-FZ of 04.06.2011, No. 38-FZ of 05.04.2013, No. 255-FZ of 21.07.2014, No. 59-FZ of 03.04.2018)

2.1. An apartment building management agreement concluded in the manner prescribed by this article must be placed by the managing organization in the system in the manner established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of information technology, together with the federal an executive authority that performs the functions of developing and implementing state policy and legal regulation in the field of housing and communal services.
(Part 2.1 was introduced by Federal Law No. 263-FZ of July 21, 2014)

3. In the contract for the management of an apartment building, the following must be indicated:

1) the composition of the common property of the apartment building, in respect of which management will be carried out, and the address of such a house;

2) a list of works and (or) services for the management of an apartment building, services and work for the maintenance and repair of common property in an apartment building, the procedure for changing such a list, as well as a list of utilities provided by the management organization, with the exception of utilities provided in in accordance with Article 157.2 of this Code;
(as amended by Federal Laws No. 255-FZ dated July 21, 2014, No. 59-FZ dated April 3, 2018)

3) the procedure for determining the price of the contract, the amount of the fee for the maintenance and repair of the dwelling and the amount of the fee for utility services, as well as the procedure for making such a fee, with the exception of fees for utility services provided in accordance with Article 157.2 of this Code;
(as amended by Federal Law No. 59-FZ dated April 3, 2018)

4) the procedure for exercising control over the fulfillment by the managing organization of its obligations under the management agreement.

4. The terms of the contract for the management of an apartment building shall be the same for all owners of premises in an apartment building.

5. An apartment building management agreement is concluded:

1) in the case specified in paragraph 1 of this article, for a period of at least one year, but not more than five years;
2) in the cases specified in parts 4 and 13 of Article 161 of this Code, for a period of not less than one year, but not more than three years;
3) in the case specified in paragraph 14 of Article 161 of this Code, for a period not exceeding three months.
(Part 5 as amended by Federal Law No. 38-FZ dated April 5, 2013)

6. In the absence of a statement by one of the parties on the termination of the contract for managing an apartment building at the end of its validity period, such an contract is considered extended for the same period and on the same conditions that were provided for by such an agreement.

7. The managing organization is obliged to start fulfilling the contract for managing an apartment building from the date of making changes to the register of licenses of a constituent entity of the Russian Federation in connection with the conclusion of a contract for managing such a house.
(Part 7 as amended by Federal Law No. 485-FZ of December 31, 2017)

8. Change and (or) termination of the contract for the management of an apartment building are carried out in the manner prescribed by civil law.

8.1. The owners of premises in an apartment building unilaterally have the right to refuse to execute an agreement on the management of an apartment building concluded as a result of an open tender, provided for in parts 4 and 13 of Article 161 of this Code, after each subsequent year from the date of conclusion of the said agreement, if before the expiration of the term the validity of such an agreement, the general meeting of owners of premises in an apartment building decided to choose or change the method of managing this house.
(Part eight.1 was introduced by Federal Law No. 251-FZ of December 29, 2006, as amended by Federal Law No. 123-FZ of June 4, 2011)

8.2. The owners of premises in an apartment building, on the basis of a decision of the general meeting of owners of premises in an apartment building, unilaterally have the right to refuse to execute the contract for managing the apartment building if the managing organization does not comply with the terms of such an agreement, and decide to choose another managing organization or to change the method of managing data home.
(Part eight.2 was introduced by Federal Law No. 251-FZ of December 29, 2006, as amended by Federal Law No. 123-FZ of June 4, 2011)

9. The management of an apartment building owned by a housing cooperative or in which an association of homeowners has been established is carried out taking into account the provisions of Sections V and VI of this Code.

10. The managing organization, within three working days from the date of termination of the contract for managing an apartment building, is obliged to transfer the technical documentation for the apartment building and other documents related to the management of such a house, keys to the premises that are part of the common property of the owners of premises in the apartment building, electronic access codes to equipment that is part of the common property of the owners of premises in an apartment building, and other technical means and equipment necessary for the operation and management of an apartment building, a newly selected management organization, a homeowners association or a housing or housing-construction cooperative or other specialized consumer cooperative , and in the case of direct management of such a house by the owners of premises in such a house, to one of these owners, indicated in the decision of the general meeting of these owners on the choice of the method of managing such a house, or, if these th owner is not specified, any owner of the premises in such a house.
(Part 10 as amended by Federal Law No. 485-FZ of December 31, 2017)

11. Unless otherwise provided by the apartment building management agreement, the managing organization annually during the first quarter of the current year submits to the owners of premises in the apartment building a report on the implementation of the management agreement for the previous year, and also places the specified report in the system.

12. If, as a result of the execution of the management agreement for an apartment building, in accordance with the report on the implementation of the management agreement posted in the system, the actual expenses of the managing organization turned out to be less than those taken into account when setting the amount of the fee for the maintenance of the residential premises, subject to the provision of services and (or) performance of work for the management of an apartment building, the provision of services and (or) the performance of work on the maintenance and repair of common property in an apartment building, provided for by such an agreement, the specified difference remains at the disposal of the managing organization, provided that the savings received by the managing organization did not lead to inadequate quality of the services provided and (or) work performed on the management of an apartment building, services rendered and (or) work performed on the maintenance and repair of common property in an apartment building, provided for by such an agreement, confirmed in the manner established by the Government of the Russian Federation. At the same time, the contract for managing an apartment building may provide for a different distribution of the savings received by the managing organization.
(Part 12 was introduced by Federal Law No. 485-FZ of December 31, 2017)

Article 163

1. The procedure for managing an apartment building, all premises in which are owned by the Russian Federation, a constituent entity of the Russian Federation or a municipality, is established by the federal executive body authorized by the Government of the Russian Federation, the state authority of the constituent entity of the Russian Federation and the local self-government body, respectively.
(As amended by Federal Law No. 160-FZ dated July 23, 2008)

2. Management of an apartment building in which the share of the Russian Federation, a constituent entity of the Russian Federation or a municipality in the right common property on common property in an apartment building is more than fifty percent, is carried out on the basis of a management agreement for this house, concluded with a managing organization selected by the results of an open tender, which is carried out in the manner established by the Government of the Russian Federation in accordance with Part 4 of Article 161 of this Code.
(Part 2 as amended by Federal Law No. 123-FZ dated 04.06.2011)

Article 164. Direct management of an apartment building by owners of premises in such a house

1. In case of direct management of an apartment building by the owners of premises in such a house, contracts for the provision of services for the maintenance and (or) performance of work on the repair of common property in such a house with persons engaged in relevant types of activities, the owners of premises in such a house conclude on the basis of decisions of the general meeting of the indicated owners. At the same time, all or most of the owners of premises in such a house act as one party to the contracts.
(as amended by Federal Laws No. 123-FZ of 04.06.2011, No. 255-FZ of 21.07.2014)

2. Contracts for hot water supply, cold water supply, sewerage, electricity supply, gas supply (including the supply of household gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating), municipal solid waste management are concluded by each owner of the premises who directly manages an apartment building on his own behalf.
(as amended by Federal Laws No. 417-FZ of December 7, 2011, No. 458-FZ of December 29, 2014)

2.1. Contracts for the provision of services and (or) the performance of work for the proper maintenance of in-house gas equipment systems, and (or) the performance of work on the operation, including maintenance and repair, of elevators, lifting platforms for the disabled, and (or) on performance of works on emergency dispatch services, concluded, including in electronic form using the system, by the owners of premises in an apartment building directly managing such a house, in the cases provided for by this article, must be placed by persons carrying out relevant types of activities in system in the manner established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of information technology, together with the federal executive body responsible for the development and implementation of state policy and legal mu regulation in the field of housing and communal services.
(Part 2.1 as amended by Federal Law No. 482-FZ of December 25, 2018)

3. Based on the decision of the general meeting of owners of premises in an apartment building, directly managing such a house, on behalf of the owners of premises in such a house, in relations with third parties, one of the owners of premises in such a house or another person having authority certified by a power of attorney, issued in writing to him by all or the majority of the owners of the premises in such a house.

Article 165. Creation of conditions for the management of multi-apartment buildings

(as amended by Federal Law No. 263-FZ of July 21, 2014)

1. In order to create conditions for the management of multi-apartment buildings, local governments:

1) provide equal conditions for the activities of managing organizations, regardless of organizational and legal forms;
2) may provide managing organizations, associations of homeowners or housing cooperatives or other specialized consumer cooperatives with budgetary funds for the overhaul of apartment buildings;
3) contribute to the improvement of the qualifications of persons who manage apartment buildings and the organization of training for persons who intend to carry out such activities;
4) promote the creation and activities in the municipality of the public associations specified in paragraph 8 of Article 20 of this Code, other non-profit organizations.
(Clause 4 was introduced by Federal Law No. 200-FZ of June 28, 2014)

1.1. Local self-government body on the basis of an appeal from the owners of premises in an apartment building, the chairman of the council of an apartment building, the management bodies of a homeowners association or the management bodies of a housing cooperative or the management bodies of another specialized consumer cooperative specified in part 8 of article 20 of this Code of public associations, other non-profit organizations about non-fulfillment by the managing organization of the obligations provided for by paragraph 2 of Article 162 of this Code, within five days unscheduled inspection activities of the governing body. If, based on the results of this audit, it is revealed that the managing organization does not comply with the terms of the contract for managing an apartment building, the local government, no later than fifteen days from the date of the relevant application, convenes a meeting of the owners of the premises in this house to resolve issues of terminating the contract with such a managing organization and choosing a new managing organization or changing the way the house is managed.
(Part 1.1 was introduced by Federal Law No. 123-FZ of June 4, 2011, as amended by Federal Laws No. 93-FZ of June 25, 2012, No. 200-FZ of June 28, 2014)

2. Local self-government bodies, managing organizations, associations of homeowners or housing cooperatives or other specialized consumer cooperatives are obliged to provide citizens, at their request, with information, including using the system, on the established prices (tariffs) for services and works for the maintenance and repair of common property in apartment buildings and residential premises in them, on the amount of payment in accordance with fixed prices(tariffs), on the volume, list and quality of the services provided and (or) work performed, on the prices (tariffs) for the provided utilities and the amount of payment for these services, on the participation of representatives of local governments in annual and extraordinary general meetings owners of premises in apartment buildings.
(as amended by Federal Laws No. 123-FZ of 04.06.2011, No. 263-FZ of 21.07.2014)

3. Bodies of local self-government are obliged to provide citizens, at their request, with information, including using the system, about municipal programs in the housing sector and in the field of public services, about regulatory legal acts of local self-government bodies regulating relations in these areas, about the state of located on territories municipalities objects of communal and engineering infrastructure, about the persons who operate these objects, about production programs and on the investment programs of organizations supplying the resources necessary for the provision of public services, on compliance with the established parameters of the quality of goods and services of such organizations, on the status of settlements of persons managing apartment buildings with persons engaged in the production and sale of resources necessary for the provision of public services , as well as with persons carrying out water disposal.
(Part 3 was introduced by Federal Law No. 123-FZ of 04.06.2011, as amended by Federal Laws No. 263-FZ of 21.07.2014, No. 257-FZ of 29.07.2017)

4. Organizations supplying resources necessary for the provision of public services, as well as persons providing services, performing work on the maintenance and repair of the common property of owners of premises in apartment buildings and providing public services, are required to place in the system the information provided for by the legislation on state information system housing and communal services.
(Part 4 as amended by Federal Law No. 263-FZ of July 21, 2014)

5. The procedure, forms, terms and frequency of placement in the system of the information specified in Part 4 of this Article shall be established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of information technology, together with the federal executive body. the authorities exercising the functions of developing and implementing state policy and legal regulation in the field of housing and communal services, unless a different period for posting this information in the system is established by federal law.
(As amended by Federal Laws No. 263-FZ dated July 21, 2014, No. 469-FZ dated December 28, 2016)

Managing an apartment building is a very complex process that requires knowledge in various areas of legislation. This is especially true of legislative acts adopted in the field of housing and communal services. The number of accepted documents is increasing every year and it is very difficult to figure it all out. Living in apartment buildings is very different from living in a private house. First of all, this is due to the numerous problems and decisions that need to be addressed jointly by the majority of owners. In order to deal with the maintenance of the house as efficiently as possible, it is first necessary to resolve the issue of managing an apartment building, which is suitable for all owners. To do this, you need to choose a way to manage an apartment building.

Management of an apartment building by a managing organization

Management of an apartment building by a managing organization is the most common form of management of residential buildings. This method is convenient for several reasons. Firstly, any number of houses located in any territorial location can be combined in the managing organization. Secondly, the form of management of the MA is primarily a commercial organization that was created for profit. Therefore, decide which wage the employees of the company will have only the director of the organization and in no case the owners. Thirdly, the managing organization can conclude management agreements both with the whole house, and with the HOA or housing cooperative as a whole, if the owners vote for it. It is also possible to provide services not for managing the house, but only for its maintenance. This method is very convenient for residents who have chosen a direct form of management or where payments are made directly.

Conclusion of an agreement for the management of an apartment building

In order for the managing organization to conclude an agreement on the management of an apartment building and begin its management, the owners are required to choose it by a majority of votes. At the meeting of owners, tariffs for the maintenance and repair of housing, according to which the organization will work, should also be set, issues on the use of the common property of the house should be resolved. For example, basements for employees of the organization and other organizational issues. After the meeting, the beginning of the management of the house will be the date of the conclusion of the management contract, which must be concluded with the majority of the owners of the entire house. The management agreement will be the main document in accordance with which work will be carried out to manage the house. My advice is to read this document as carefully as possible. Of course, the managing organization is obliged to comply with all norms of housing legislation and there should be no deviations. But as often happens in modern legislation, some concepts can be blurred and therefore they can be clarified in the management agreement as it is beneficial for the managing organization.

With all these advantages, the MA, unlike other forms of management of multi-apartment buildings, is more subject to inspections and supervision in general. An owner who understands where to file a complaint in case of non-fulfillment of his duties by the MA on a specific issue will always be able to get certain works carried out. The managing organization is obliged to carry out all work in accordance with the rules for maintaining the common property of an apartment building, ensure the provision of public services, adhere to the rules for carrying out activities for the management of apartment buildings and comply with other rules and regulations in their work.

Sample apartment building management agreement

When managing an apartment building by a managing organization, it is responsible to the owners of the premises for the provision of all services and the performance of work. She is obliged to ensure the proper maintenance of common property in this house and their quality, which must comply with the requirements of technical regulations and the rules established by the Government of the Russian Federation for the maintenance of common property in an apartment building, as well as for the provision of public services, depending on the level of improvement of this house.

In this case, pay attention to the contract management of an apartment building. Sign only after making sure that it includes all the services necessary for a comfortable stay in your home. You can familiarize yourself with an example of a management agreement and download it.

The procedure for managing an apartment building

The procedure for managing an apartment building is regulated by the rules for carrying out activities for the management of apartment buildings. They are approved These rules define the standards for managing multi-apartment residential buildings, which describe the duties of management companies, their powers and norms of interaction with owners. In the order of management, storage standards are prescribed technical documentation at home and transferring it to another management company in case of re-election, the obligation to conclude contracts for the provision of public services, the obligation to disclose information about the company's activities, prepare proposals for setting tariffs for the maintenance and repair of housing in accordance with the minimum list of work in a residential building, as well as the work of an emergency dispatch service.

License to manage apartment buildings

One of the main innovations in the management of multi-apartment residential buildings was the adoption of a law on licensing management organizations. In accordance with the additions to the Housing Code of the Russian Federation, only managing organizations are required to obtain a license to manage apartment buildings. This was done so that the supervisory authorities had the opportunity to eliminate negligent companies from the market for the provision of housing and communal services without the right to restore their activities, as well as to exclude events when several organizations manage one apartment building.

The process of obtaining a license to manage an apartment building does not carry a special burden for a new company. It is enough to apply to the State Housing Inspectorate with an appropriate application, pass an exam to the head of the managing organization, pay the state. duty, and in general, this process is over. If the managing organization fails to cope with its duties and the supervisory authorities constantly receive requests from citizens from a certain house, then the GZhI can either exclude a specific house from the register of houses that are managed by the MA or revoke the license to manage all houses. These innovations were supposed to help make the market for managing organizations more understandable and transparent.