General operating expenses in housing and communal services. Journal "Management of an apartment building ZhKH management MKD

For the first year in Russia, the formation and optimization of the management of multi-apartment residential buildings has been taking place. One of the most important problems requiring a prompt solution is the low awareness of the population in the maintenance and repair of residential premises, the provision of housing services, and other issues related to the management of organizations.

General operating expenses in housing and communal services

Order of the State Construction Committee of the Russian Federation No. 303 of 2000 defines general operating costs as the costs of managing, coordinating work on the maintenance of the housing stock.

These costs include the costs of financing management companies that create favorable conditions for their normal operation. These costs are not related to the payment for the maintenance and repair of apartment buildings, and are quite diverse. The group of general operating expenses includes the following types of expenses for:

• economic and administrative needs;
• payment wages employees;
• organization and performance of work;
• other needs.

The above expenses are included in the receipts for payment and are carried out in one column in the personal account along with payment for the maintenance and repair of residential buildings. For a more detailed study of these costs and regulation tariff rates they should be familiar with the Decree of the State Construction Committee No. 9 of 1999.

Apartment building management fee

Article 162 of the Housing Code of the Russian Federation establishes a list of measures for the selection of a management company. Based on the article, a management agreement is signed apartment building. The parties to sign it are the apartment owners and management managing organization. The selected organization must be licensed to conduct management activities in apartment buildings.

The choice of the company is carried out by holding a general meeting of the owners of the premises. The company signs contracts for the provision of certain services with each of the owners on the terms adopted by the decision of at least 50% of the apartment owners.

The contract contains the following obligations:

1. the totality of common house property, which is subject to management and the address of the building;
2. service and maintenance provided by the organization;
3. determination of the amount, terms of payment for services and work on the management of an apartment building, including housing and communal services, maintenance and repair;
4. the procedure and time frame for the fulfillment of the obligations assumed by the company and control over their fulfillment.

Traditionally, it is customary to refer to the services and works for the management of an apartment building:

• storage and maintenance house documentation;
• execution of contracts with contractors for the performance of certain works and control over their quality;
• conclusion of contracts with suppliers of water, heat and electricity;
• invoicing and collection of funds from the owners of residential premises, collection of debts for the delivered services from debtors;
• verification of the supplied utility services to customers;
• dispatching services to residents and registration of citizens;
• providing tenants with various information;
• bringing information to homeowners about changes in tariffs;
• making proposals to homeowners on capital and current repairs.

Housing expenses

Housing and communal services is a diversified system that covers about 30 different types of activities. Housing and communal services are divided into several major sub-sectors:

• housing;
• providing consumers with resources;
• improvement of cities, towns and villages.

The financial resources of housing and communal services enterprises are formed from financial resources coming from the budget and consumers. The improvement of settlements is financed from the budget, and the provision of consumers with resources is financed from the funds of consumers.

Housing and communal services enterprises provide communal resources to consumers. Housing and communal services enterprises ensure the delivery of communal resources of the required quality to consumers. The service fee includes payment for:

1. cold and hot water supply supplied to the consumer through a pipeline network;
2. drainage of household drains using sewer networks;
3. electricity supplied to the consumer in the required volume;
4. gas supply - round-the-clock supply of gas of the required quality;
5. heating - maintaining the air temperature in the apartments, within the framework of the relevant guidelines.

Tariffs for housing and communal services depending on the regions may be different, as they are regulated by local municipal authorities. Housing and communal services enterprises do not have the right to raise housing and communal services tariffs above those established in the region.

MKD management fee

The Housing Code of the Russian Federation provides for one of the ways to manage an apartment building - a direct method of management. The procedure for choosing this form of management may be applicable for multi-apartment buildings with at least 12 apartments. This method of management is chosen on a general basis - through a meeting of apartment owners. One of the main conditions for choosing this method of managing MKD is the choice of a managing organization. It consists of apartment owners who are responsible for maintaining and repairing common property, ensuring the supply of utilities and fulfilling other obligations in accordance with the terms of the agreement adopted at the meeting.

With this management option, the supply of utilities is carried out to the recipient at the conclusion of the contract for each owner of "square meters" personally. A written contract is not required.

The advantages of choosing this form of management are:

• direct contacts between apartment owners and service providers;
• the ability of the homeowner to make claims to suppliers bypassing intermediaries.

Disadvantages of this form of management:

• the management company is not responsible for participating in programs for the overhaul of housing;
• avoiding the obligation to incur additional costs for billing other than your own resources, collecting debts and from bankruptcy.

Conclusion

Like any other enterprise located in the goods market, management companies, first of all, take care of their economic stability and profit. For their part, they periodically try to impose in the terms of the contract an increase in tariff rates for the repair of common property in an apartment building. Companies cite a range of reasons. These reasons include the rise in prices in the region, the tariff rates of contractors, the tariffs for municipal housing established by the municipal authorities.

For most management companies, tariff growth plans are working successfully and bring in multimillion-dollar profits. In accordance with the Civil Code of the Russian Federation, the terms of the contract are not changed by one of the parties to the contract. All terms of the contract are governed by the provisions of the LCD. Termination of such an agreement or changes in its terms are established bilaterally. The amount of payment for housing is regulated by the LCD, however, in case of disputes about price indexation, Art. 424 of the Civil Code of the Russian Federation, which states that the execution of the terms of the contract is carried out at prices prescribed in the agreement of the parties.

- coordinated activities of the owners of the premises to create and maintain favorable and safe living conditions in this house, ensuring the proper maintenance of the RI, resolving issues of using this property, providing CG to citizens living in this house. The management of the house is carried out by the owners of the premises independently or by choosing the method of management. Therefore, s the legislation provides for ways to manage MKD, there are only three of them (part 2 of article 161 of the Housing Code of the Russian Federation, see the table below):

1. direct management of the owners of premises in the MKD, the number of apartments in which is not more than 30;
2. management of an HOA or a specialized consumer cooperative(ZhK, ZhSK);
3. UO management.

Table "Methods of managing MKD"

	Grounds for recognizing the method of managing MKD as implemented	Regulatory rationale
	Most of the owners in the MKD have concluded service agreements for the maintenance and (or) performance of work on the repair of RO with persons engaged in the relevant activities	Article 164 ZhKRF, para. 2 pp. 2 clause 3 of the Rules for holding a competition for the selection of MA
	Owners of premises in MKD, having more than 50% of the votes from total number votes of the owners of the premises in this house, concluded a management agreement with the elected MA. Within 30 days, the management company began to fulfill its obligations, unless a different period is specified in the MKD management agreement	Parts 1, 7 Art. 162 ZhKRF, para. 4 pp. 2 p. 3 of the Rules for the competition for the selection of the MA
Management of HOA, ZhK, ZhSK	The owners of the premises in the MKD sent to the authorized federal agency executive power documents required for state registration of an HOA or LCD	Paragraph 3 pp. 2 p. 3 of the Rules for holding competitions for the selection of MA

Ways to manage MKD - refers to the competence of the general meeting of owners of premises (hereinafter - UTSP). The method of managing an apartment building is selected by the OSSP and can be selected and changed at any time based on its decision. The decision of the OSSP on the choice of a management method is mandatory for all owners in the MKD (part 3 of article 161 of the RF LC).

Direct control method

With this method of management, the OSSP chooses organizations to provide services for the maintenance and (or) for the performance of work on the repair of the RO. All or most of the owners of premises in such a house act as one side of the contracts being concluded (part 1 of article 164 of the LC RF).

In relations with third parties, he has the right to act (part 3 of article 164 of the LC RF):

- one of the owners in the house, authorized for these actions by the decision of the OSSP;

- another person who has the authority, certified by a power of attorney issued to him in writing all or most of the owners of the premises in the house.

note: the conclusion of an agreement on the management of MKD with a direct method of managing housing legislation is not provided.

When choosing direct control of MKD, it is advisable to choose:

1. contractor organizations;
2. Council of MKD or an authorized person who will act on behalf of the owners and in their interests.

Utilities are provided directly by RSO. Each owner enters into contracts for the supply of CU on his own behalf (part 2 of article 164 of the LC RF).

The MSW handling service is provided by the regional MSW handling operator (Part 11.1, Article 161 of the RF LC) under a separate agreement with each owner.

The duties of the RSO do not include the maintenance of intra-house engineering communications. The RSO is responsible for the supply of CG of the proper quality to the borders of the OI and the borders of the external networks of engineering and technical support of the MKD. An agreement between the owners and the North Ossetia may define a different limit of liability (part 15, article 161 of the RF LC).

Responsibility to the owners of premises in the MKD for the maintenance of the OI and the provision of the CG is borne by the organizations with which they have concluded contracts (part 2.1 of article 161 of the RF LC).

The quality of work and services must comply with:

• concluded agreements;
• the requirements of the Rules for the maintenance of common property and the Rules for the provision of public services.

Management of MKD by a homeowners association

According to part 2 of article 161 of the ZhKRF, the HOA is one of the ways to manage an apartment building. The creation, structure and activities of the HOA are regulated by Sec. VI ZhK RF.

Advantages of TSN (HOA) are as follows.

Members of the board, including the chairman, are the owners of the premises in your house, who are not indifferent to the condition of the roof, utilities, elevators and other shared property.

The HOA is obliged to represent the legitimate interests of the owners of the premises in the MKD (Article 137 of the Housing Code). And this means that by organizing an HOA in your home, you will never be left alone with problems.

Any member of the HOA has the right not only to know where and how his funds are spent, but also to influence this process, ensuring the quality of housing services he needs, and through the board of the HOA - and utilities.

The creation of an HOA will ensure the proper quality of the housing services provided, simply because you yourself will control the implementation of work and spending Money.

HOA provides an opportunity to earn additional funds that will go towards improving the quality of life in the home. Additional income to the budget of the HOA can be obtained from the rental of OIs, from additional services provided to the owners of the premises (i.e. those that are not included in the list of basic services provided by the partnership to its members without charging additional fee(installation entrance doors, carrying out repair work in the apartment, etc.)).

Membership in an HOA forms the consciousness of active owners, which means that residents will take better care of their home.

By making common decisions, you will finally get to know your neighbors. And this is useful, including from a security point of view.

If you live in a new building, then the competent management of the HOA will allow you not to think about the CD for many more years, open a special account for accumulating contributions for overhaul.

Membership in the HOA allows you to move from solving the problems of providing life at home to the tasks of improving the quality and comfort of living.

The main advantage of the HOA- at right choice of the HOA Board, you not only decide how much money you will spend on maintaining your home, but you can also be sure that these funds will be used to solve the problems of your home.

Management of MKD by the managing organization

Ways to manage the MKD completes the management of the MA (managing organization).

To recognize the method of managing an MKD as a managing organization, the following conditions must be met:

1. the owners decided to choose the method of managing the MKD - the management of the MA;
2. chose a specific managing organization;
3. approved at the meeting a draft management agreement (with essential conditions);
4. owners with more than 50% of the votes of the total number of votes of owners in this house have concluded an MKD management agreement with the elected MA (part 1 of article 162 of the LC RF);
5. within 30 days, the MA began to fulfill its obligations, unless a different period is specified in the MKD management agreement (part 7, article 162 of the LC RF).

UO — entity regardless of the legal form or individual entrepreneurs who carry out activities to manage MKD on the basis of a license (part 4.2 of article 20 of the Housing Code).

MA is a commercial organization whose main goal is to make a profit from the provision of services and (or) performance of work in the management of MKD.

There are the following features of the management of the MA (parts 6.2, 13 of article 155, part 1 of article 157, parts 2.3, 10, 10.1, 11 of article 161, parts 7, 10, 11 of article 162 of the ZhKRF):

Firstly, the MA is responsible to the owners:

• for the provision of services and (or) performance of work that ensures the proper maintenance of the RI;
• for providing KU depending on the level of home improvement.

Secondly, the MA is obliged to proceed with the implementation of the management agreement no later than 30 days from the date of its signing.

Thirdly, the MA receives a fee for the provided CG and makes settlements with the RSO for the delivered communal resources and wastewater disposal, with a regional operator for the provision of MSW management services.

Fourth, the MA has the right to make proposals to the OSS on the list of works and services (management of the MKD, maintenance, current and major repairs of the OI) and on the amount of the corresponding fee.

Fifth, the MA is obliged to report to the owners on the implementation of the management agreement for the previous year annually during the first quarter of the current year and post the report in the GIS housing and communal services.

At sixth, the MA is obliged to post information on the management of MKD in the GIS housing and communal services.

The MA is responsible for the performance of all work and the provision of services in accordance with the provisions of the current legislation and the terms of the management agreement. The MA has the right to carry out work on its own or with the involvement of contractors and is not entitled to refuse to conclude contracts with the RSO and the regional operator for the treatment of MSW (part 12 of article 161 of the RF LC).

The MA, at its discretion, engages contractors to carry out the work. Accordingly, the owners of the MKD are not empowered to select contractors and determine the conditions under which this or that contractor is involved.

Only one MA can manage an MKD (part 9 of article 161 of the RF LC).

Recently, it has become possible for the owners of the premises to switch to.

MKD control methods: differences.

The book discusses a wide range of issues that contribute to the transition of the managers of the organization to the professional management of an apartment building. Professionalism is evaluated not only as a factor ensuring the proper maintenance of the entire complex of an apartment building, but also as a guarantor of sustainable economic well-being of the managing organization. Particular emphasis is placed on issues that have not been adequately reflected in the normative and reference literature. These include: overhaul in the light of the amendments to the Housing Code of the Russian Federation, technical examination and certification of materials, the use of polymer pipes, avoiding overpayment for heat, the choice of a contractor, the minimum list of works for the maintenance and repair of common property, the management of an apartment building on the basis of the tied standard management standards and other issues. The book is intended for employees of management companies, HOA and housing cooperatives, as well as for owners of premises in an apartment building. It can be used in educational process middle and higher educational institutions and refresher courses. The material of the book will be useful to employees of housing agencies and district administrations, and chapters 4, 5 and b - to regional operators for major repairs.

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The following excerpt from the book Management of an apartment building in the housing and communal services system (V. A. Gassul, 2015) provided by our book partner - the company LitRes.

Chapter 1

1.1. Characteristics of various control methods

In accordance with the requirement of the Housing Code (LC) of the Russian Federation, the management of an apartment building (MKD) must ensure favorable and safe conditions residence of citizens, the proper condition of the common property in the MKD, 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.

At the same time, it is important that the managing organization itself has stable economic indicators, which would allow her to confidently manage an apartment building.

The owners of premises in the MKD face the difficult task of choosing one of the three methods of managing an apartment building provided for by the Housing Code of the Russian Federation:

Direct management of the owners of the premises;

Management of a homeowners association (HOA), housing or other specialized cooperative;

Control management company(UK).

To evaluate these management methods, it is necessary to consider the basic principles of each of them.

However, first of all, attention should be paid to the new structural link introduced in the Housing Code of the Russian Federation (Article 161.1), which carries out work on choosing the method of managing MKD and subsequent communication with the managing organization - apartment building council.

In Art. 161.1 details the appointment of the council, the procedure for its election and functioning, the election of the chairman of the council, his rights and obligations, and other issues related to the work of the council. Considering this article of the Housing Code of the Russian Federation, mainly from the point of view of its influence on the choice of a method for controlling an MKD, the following can be noted.

The creation of an MKD council, according to the legislator, should contribute to the speedy transfer of the house to the direct management or management of the Criminal Code and increase the responsibility of the owners of the premises for this choice.

Owners of premises in MKD (with more than four apartments) obliged elect the council of the house and the chairman of the council, who should prepare proposals “on the planning of the management of an apartment building, the organization of such management, the maintenance and repair of common property in this house” (Article 161.1, part 5, paragraph 3). They are required to conduct annual general meeting and control the fulfillment of obligations under the concluded contracts for the provision of services and the performance of work on the maintenance and repair of common property.

In Art. 161.1 lists in detail the work that the council and its chairman should carry out, but what has already been said above is enough to doubt the reality of the implementation of these requirements. For their implementation, it is necessary at least to have initiative people in the MKD to work on a voluntary basis, lawyers familiar with the issues of managing houses, a meeting room, a place for the council to work, office equipment, etc. Timely election of the MKD council has a low degree of probability, therefore, it is planned to transfer to the local government the initiative to convene a general meeting to elect the council of the MKD and its chairman or to create a homeowners association in the house within a year. This means, among other things, that the issue of organizing an HOA is initiated only as a last resort, which is difficult to agree with.

The MKD Council is a new link in the home management system. The expediency of its introduction without taking into account the list of works noted above does not cause optimism. The MKD Council influences the activities of the Criminal Code only in the sense that when concluding contracts for the management of the house or for the maintenance and repair of the common property of the MKD, the relevant agreement of the Criminal Code is concluded not with each owner of the premises, but with the chairman of the council, who has the powers of the owners, certified by powers of attorney. At the same time, the management company is obliged, at the request of the owners of the premises, to issue copies of the relevant agreements to them.

In our opinion, it will be more convenient for the management company, as well as for apartment owners, to communicate through the chairman of the house council on all major issues related to the signing and execution of the mentioned agreements. However, practice will show how viable and long-term councils of houses will be in existing conditions without financial, administrative and logistical support.

With direct control MKD owners of premises in this house enter into an agreement for the provision of services and / or performance of work on the maintenance and repair of common property in the house on the basis of a decision of the general meeting with persons engaged in relevant activities (subject to changes made federal law dated July 21, 2014 No. 255-FZ).

Contracts for utility services (cold and hot water supply, sanitation, electricity and gas supply, heating) are concluded by each owner of the premises on his own behalf with energy suppliers.

On the basis of the decision of the general meeting of owners of premises in MKD, who directly manage, on their behalf in relations with third parties, one of the owners of premises in such a house or a person having authority certified by a power of attorney issued to him in writing by all or a majority of the owners of premises is entitled to act in such a house.

Direct management is carried out in apartment buildings, where an initiative group has not been formed that can create an HOA and take over the management of the house, where there is a lack of awareness of apartment owners about the advantages of a particular method of management, where the majority of apartment owners expect for one reason or another to independently solve the issue of minimizing the cost utilities.

Direct management seems to us the least productive way to manage MKD for the following reasons.

Electricity and gas supply for all control methods are paid directly to energy supply organizations.

When installing water meters, its consumption is paid for with any control method based on the meter readings (as well as water disposal).

If there are heat meters in the apartment, which is not typical for the vast majority of houses, payment for its cost also does not depend on the method of managing the MKD.

In the absence of apartment heat meters, depending on whether or not there are heat meters in the house, the owner of the apartment may in some cases receive a slightly lower amount for payment of heat by calculation. However, this is a rather laborious process, depending on many factors, including the objectivity of the data of the heat supply organization, and therefore unpromising.

In addition, it should be taken into account that the supply of water and heat to an apartment depends on both the energy supply and the operating organization, which in many cases makes it difficult to determine the organization responsible for poor-quality and untimely supply of energy to an apartment.

Based on the foregoing, we can conclude that the method under consideration involves the decentralization of the management of MKD, which will not contribute to professionalism in solving managerial problems.

The noted features of the management method under consideration led to its actual abolition by the Federal Law of July 21, 2014 No. 255-FZ. In paragraph 5 of Art. 7 of this law says that until 04/01/2015, the owners of premises in an apartment building with more than 16 apartments, in the case of direct management of such a house, are obliged to hold a general meeting and decide on choosing a different method of management. Thus, the method of direct control of MFBs can be carried out only for those MFBs, the number of apartments in which does not exceed 16.

To assess the method of managing the HOA It is advisable to single out the following main features of this control method.

Firstly, the HOA is a non-profit organization that unites homeowners in MKD.

Secondly, the main goal of the HOA is the management of the real estate complex in the MKD. At the same time, management is understood in the broad sense of this concept, including the management of finances, the maintenance and repair of common property, its preservation and increment, the management of the provision of public services, the management of major repairs, that is, all blocks unified system HOA management.

The chosen approach allows us to proceed to a comprehensive assessment of the method of managing the HOA.

The management of the HOA assumes that all the financial resources of the society are at its disposal. This condition allows not only to manage all financial flows passing through the HOA in the interests of the partnership, but also imposes on the HOA full responsibility for the normal operation of the MKD and financial stability HOA. This implies that all operational work on the management of the HOA is carried out by the board headed by the chairman within the powers granted to him by the RF LC and the charter of the partnership.

With this method of management, the HOA independently concludes contracts with all resource-supplying and service organizations, draws up an estimate of income and expenses and, on its basis, a financial plan; determines the composition and cost of work on current and major repairs, carries out economic activity for the lease of common property and the performance of other works permitted by the Housing Code of the Russian Federation; provides prompt resolution of issues at the request of owners of residential and non-residential premises; participates in the preparation, implementation and delivery of work on the overhaul of MKD using subsidies in accordance with the requirements of federal and regional legislation; ensures the timely submission of the necessary reports and the transfer of all taxes, fees and deductions provided for by law; ensures the timely calculation of fees for maintenance and utilities, controls its transfer to the settlement account of the HOA; defends the interests of the HOA in courts on contentious issues; monitors changes in federal and regional legislation; organizes general meetings of members of the HOA and apartment owners who are not members of the HOA.

This is far from a complete range of issues within the competence and responsibility of the HOA. But even this list is quite enough to recognize the need to solve the problems facing the HOA from a professional standpoint. It is unlikely that there will be a “ready-made” specialist in the field of partnership management in the HOA: no one trained them, and the HOAs themselves appeared not so long ago. Despite this, there may be conscientious people in the HOA who are able to take on the entire burden of responsibility for the functioning of the MKD and understand that the state of their own habitat on the scale of a residential building and the territory adjacent to it will largely depend on the result of this work. In addition, these people should have certain knowledge and experience that could form the basis for the transition to professional activity for the management of the HOA. In the absence of such people in the HOA, it hardly makes sense to move on to the considered method of managing MKD.

Thus, in our opinion, the main criterion in making a decision on the management of an HOA is human factor, that is, the presence of people who have the necessary business and moral qualities, life and production experience, the ability to learn and use the existing theoretical material and practical experience and are ready to take on the responsibilities of managing the HOA. From such purposeful people very quickly, despite the inevitable mistakes, real professionals in the management of the HOA can grow up.

An important factor influencing the choice of control method can be considered the technical condition of the MKD. With significantly worn out engineering communications and building structures of the building for current and major repairs of the building with a limited number financial resources experienced managers and engineers of construction specialties will be required. The absence of such specialists in the HOA predetermines the refusal at the first stage of the formation of the HOA from managing the MKD on its own in the presence of a need for significant amounts of repair work.

Another factor influencing the choice of how to manage MKD is the number of houses and apartments included in the HOA. On the one hand, the management of a single MKD with one to two hundred apartments ensures close contact between the board and all apartment owners and prompt resolution of issues related to building maintenance. On the other hand, the increase in the number of houses and apartments, and, consequently, the amount of funds received on the settlement account of the HOA, creates real prerequisites for the widespread use of financial resources and the involvement of specialists for advisory assistance in solving certain issues related to legal, economic, engineering and other aspects of management activity.

At the same time, such an increase in the composition of MKDs included in the HOA does not contribute to strengthening the ties between the board and apartment owners, but, on the contrary, weakens them, inevitably leads to the organization of intermediate links in the management system. As a result, it is possible to exceed allowable limit manageability and significantly reduce the efficiency of HOA management.

In this case, we can agree with the principled formulation of the issue in the amendments to the Housing Code of the Russian Federation (Part 2, Clause 1, Article 136) on limiting the number of apartments and houses included in the HOA. However, the practical solution of the issue is more than surprising. According to these changes, a HOA may include several houses if the number of apartments in them is no more than 30 in total and the houses are located on adjacent plots. At the same time, there is no limit on the number of apartments in one building. This means, for example, that it is unacceptable for two standard 60-apartment buildings located nearby to enter one HOA, but it is possible to create an HOA in one 1000-apartment building. Based on practice, a limitation to two houses should be recommended, but with a total of 400–500 apartments. The legislator made a reasonable decision not to extend paragraph 1 of part 2 of Art. 136 for HOAs established before the introduction of this amendment, and the law of July 21, 2014 No. 255-FZ abolished the restriction on the number of apartments that can be included in an HOA, which includes several houses.

The amendments to the Housing Code of the Russian Federation (Art. 136) toughen the requirements for the creation and registration of an HOA and the legal status of its members (Chapter 4), which, in our opinion, should be accepted, since they to a certain extent prevent raider seizures of HOAs and misunderstandings that arise during the course of the partnership.

Considering the positive qualities of HOA management, the following should be noted.

The motivation of the governing bodies of the HOA is aimed at improving public services for residents of MKD and maintaining the engineering communications and building structures of MKD in good condition.

Such motivation is natural for all members of the board of the HOA, headed by the chairman, who, being the owners of apartments in the MKD, which is part of the HOA, are certainly interested in the high-quality operation of the MKD and ensuring the long-term operation of all structural elements of the building. This motivation encourages management decisions in the interests of all members of the HOA and owners of apartments located in houses that are part of the HOA.

When managing an HOA, all financial resources are at the disposal of the partnership, which excludes them misuse. Separate cases of financial violations by unscrupulous chairmen and members of the board only confirm general rule on the use of incoming funds in the HOA for its intended purpose.

Being non-profit organization, HOA does not aim to make a profit. If income exceeds expenses, the HOA may attribute the difference, for example, to a reserve fund formed in accordance with the procedure for the formation of special funds approved by the general meeting of HOA members. It is important to note that this difference is not considered as profit and the corresponding tax is not paid on it.

And, finally, it is necessary to point out the maximum proximity of the governing bodies of the HOA to the owners of apartments, which ensures efficiency in solving all the problems that arise for residents of MKD. In this sense, the HOA, to a certain extent, embodies best qualities, characteristic of house managers of past years.

Thus, we can say that the positive qualities inherent in the management of an HOA make it possible to give preference to this method of managing an MKD, since it has all the conditions for professional management MKD.

Management Company receives at its disposal all the financial resources generated by the transfer to its current account of the payment of the owners of apartments in the MKD for maintenance and utilities, and is fully responsible for the operation of the MKD in accordance with the approved Rules for the maintenance of common property in an apartment building.

Distinctive features management company are as follows.

The management company is one of the economic (commercial) organizations, the main purpose of which is to make a profit. However, this circumstance does not exclude the qualitative fulfillment of contractual obligations for the management of MKD, but, on the contrary, can stimulate the search for optimal organizational and technical solutions that improve the quality of service while reducing the necessary costs, and therefore increase profits.

The motivation for better maintenance of MKD by the management company is different than when managing an HOA, but it is present as a positive factor that should be taken into account when choosing a method for managing MKD.

The management company is distinguished by the scale of its activities, that is, the ability to manage a significantly larger number of MKDs than the management of the HOA can afford. This scale creates the prerequisites for professional management, as it provides an opportunity for the concentration of various specialists in the management company: economists, lawyers, managers, civil, electrical, plumbing and other engineers, psychologists. The knowledge and experience of such specialists will certainly have a positive impact on the level of professionalism of the management company.

The management company differs from the management of the HOA by much greater stability, that is, the ability to function normally in a given mode when one of the leaders of the organization leaves for any reason. For example, if during the management of the HOA the chairman of the board leaves his post, combining this position with the position of manager, then the HOA will be in a difficult position. In this case, no malfunctions should occur in the management company, since it has deputy heads and qualified personnel.

The scale of the management company's activities should be determined taking into account economic feasibility, ensuring both maximum profit extraction and an increase in the level of content and provision necessary resources MKD.

The task is very complex, its solution must be justified not only economic calculation, but also by analyzing the existing practice of management companies.

driving significant number MKD, the management company has significant opportunities for maneuvering labor and material resources, concentrating them, if necessary, on areas that require special attention, for example, in case of emergencies.

Returning to the main goal of the management company, which is to maximize profit, it should be recalled that the profit received is reduced by the appropriate tax, while when managing an HOA, the excess of income over expenses remains completely at the disposal of the HOA. However, the noted positive qualities of the management company create real prerequisites for making a profit in an amount sufficient for the successful functioning and development of the company. The profit can be used to purchase high-performance machinery and tools, new materials and equipment, which, in turn, will lead to an increase in labor productivity, an increase in the efficiency of the company and the quality of service for MKD.

When choosing a management company, very often preference is given to the one that promises to make the largest financial contribution to the maintenance and repair of MKD. However, such organizations should be treated with great care and caution. Firstly, promises may not always be fully kept. Secondly, the management company will seek to return the financial resources invested in maintenance and repair during the term of the contract for the management of MKD, usually up to one year (now from one to five years). This circumstance will not contribute to the qualitative content of the MKD.

In this regard, attention should be paid to management companies with a sufficient amount of fixed assets (a variety of harvesting equipment, machine tools and mechanisms for the production of welding, procurement and installation work), working capital for the timely acquisition of the materials necessary for the repair and payment for the work performed, the production and warehouse base, rented or own office space, qualified personnel. Such companies are more reliable, they are able to develop, increasing their technical equipment and improving the quality of operation of MKD.

Unfortunately, at present, during the formation of management companies, not all of them fully correspond to their professional purpose. However, preference should not be given to those who promise to invest more financial resources in the management of MKD, but to those who still have a minimum material and technical base and specialists capable of raising the organization's potential to a professional level.

Summing up and considering the issue from the point of view of professionalism in managing an apartment building, we can conclude that only a management company or an HOA can solve this issue, because it is not even theoretically possible to turn all owners of premises in an apartment building into professional managers. Both of these managing organizations are competitive, and each of them can certain conditions become a professional MKD manager.

The activities of housing cooperatives and other cooperatives in the management of MKD are in many respects similar to the activities of homeowners' associations and are not considered separately.

The conditions, the fulfillment of which can lead the managing organization to the professional management of MKD, are set out in the following chapters.

1.2. Organization of management companies and HOAs

The professionalism of management companies and homeowners associations largely depends on their organization, structure, education of employees, motivation to work and other factors.

Management companies are formed as commercial organizations on the basis of the Civil Code of the Russian Federation and are in no way connected with the owners of premises in an apartment building, which can be transferred to them for management by these owners.

The organization of the HOA is carried out by the owners of the premises, therefore, it is necessary to consider the conditions under which it is possible and expedient to create an HOA as a managing organization capable of professionally managing an apartment building complex.

It was previously noted that the choice of the method of managing the HOA is possible only if there are people with certain training and industrial experience in the apartment building as owners of the premises. However, we have to admit that no one in the country trained specialists in the field of managing apartment buildings, and the HOAs themselves appeared not so long ago. At the same time, we have qualified specialists in related fields who are capable of learning and working in new conditions. These are, for example, heads of construction departments who have experience not only in the construction of residential buildings, but also in their temporary operation, as well as their transfer to a permanent one. Yes, and many specialists in industry and other sectors, young demobilized officers with experience in organizational work - all of them can, in one role or another, join the governing bodies of the HOA and even become professional managers.

The main thing lies elsewhere - in the motivation by which a person puts forward his candidacy for the governing bodies of the HOA, and in the reality of his assessment of his own capabilities for such work. Candidates say they want to benefit their home and selflessly work for it. However, unfortunately, there are only a few of them, and these are, as a rule, pensioners who want to participate in the discussion of the problems of the HOA. There are both careerists and simply unscrupulous people. For the most part, all candidates really want to improve the maintenance of their homes, are willing to spend time and energy on this, and, of course, expect financial incentives if successful. However, they must have at least minimal knowledge and training for such work, as well as be able to study the technical, economic, legal and managerial aspects of HOA problems. Only in this case they can expect success.

Despite the fact that the main legal aspects HOA organizations are spelled out in the Housing Code of the Russian Federation and this process looks attractive and simple on paper, but in practice it has enough pitfalls. First of all, it is necessary to assemble an initiative group, a team that would undertake the preparation of a general meeting for the creation of an HOA, ensure the election of members of this group to the board and register the HOA.

For example, the organization of one of the St. Petersburg HOAs was carried out by an initiative group of five people, who was subsequently elected to the board. The first organizational meeting for the creation of the HOA was practically disrupted, since the preparation and conduct of it were carried out unprofessionally. In addition, the (free) help of the city in the theoretical and practical organization of the HOA was ignored. This was the first lesson of unprofessionalism and inflated self-esteem of the members of the initiative group.

After such a failure, the initiative group did a titanic organizational and explanatory work and registered the HOA. And this is the first success!

Pitfalls made themselves felt from the moment of preparation for registration of the HOA. It was necessary to draw up a package of documents, print it, multiply it, coordinate it, approve it, etc. This work required significant labor and material costs.

For the normal operation of the HOA, it was necessary to conclude contracts with all service organizations, and this is again a cost, and in a larger volume. And this is despite the actual absence of any financial resources from the yet uncreated HOA! The problem requires a pre-thought-out way to solve it within the framework of the current legislation. In the considered HOA, it was solved mainly due to the inclusion in the board of persons with legal education and work experience, who prepared all the necessary documents. Financial problems were solved at the expense of personal funds in the expectation of future remuneration.

The first positive effect of the work of the board of the mentioned HOA after its registration was a reasonable approach to the choice of service organizations, the legally competent and economically justified conclusion of contracts with them and the preparation of an estimate of income and expenses on their basis, the implementation of which made it possible not only to improve the maintenance of houses, but also to save . It is unlikely that with any other method of management it would be possible to obtain savings and create a financial reserve in the first year.

Practice has shown that the board should act as a single team, the leading role in which is assigned to the chairman. At the same time, each member of the board should have his own area of ​​responsibility, supported by rights and corresponding to his professional capabilities. Otherwise, there may be conflict situations. Harmony is not always achieved immediately, and the redistribution of responsibilities should not be viewed as a negative phenomenon, especially in the initial period of the HOA, when in practice business qualities and potential opportunities of each board member.

So, in one of HOA chairman a person with industrial experience was chosen, and he was given the role of controller of the current state of the house, while all financial and economic issues were actually decided by other people. There is a clear discrepancy between rights and obligations. Simply put, the chairman is primarily responsible for everything and everyone obeys him, he should not be limited to operational work.

The situation suggested the best way out of the situation: the chairman was re-elected, and the chief engineer was hired to carry out the current work on the maintenance of the houses. But this was only the first step towards professional management. Various issues of the life of the HOA (and there are many of them, ranging from drafting financial plan, ensuring the collection of fees from residents, settlements with service organizations and ending with the organization of major repairs, general meetings, etc.) should also be decided on a professional basis. To do this, it is necessary either to hire a manager from the outside, or to hire an elected chairman of the board in this capacity, combining in one person a full-time paid position with an elected unpaid one. At the same time, the chairman has the opportunity to focus on economic issues that play a decisive role in the long-term development of the HOA: analysis of performance, business case proposed organizational and technical solutions, competent preparation of a financial plan and identification of the reasons for overspending in its individual sections, etc. Thus, not only increased requirements are imposed on the chairman, but conditions are created for their implementation as a official with broad powers and great responsibility.

In this case, the chairman of the board, using the rights granted to him by the Housing Code and the charter of the company, single-handedly implements the decisions of the board and manages the current activities of the company.

The practice of the above-mentioned HOA confirmed the correctness of the consistent transition to the management of the HOA on a professional basis.

However, the changes made to the Housing Code of the Russian Federation by Federal Law No. 123-FZ of 04.06.2011 required justification of the conditions that allow one person to combine the duties of the chairman of the board and the manager (an example of such justification is presented in Chapter 2, clause 2.4).

In the future, steps may be taken to implement certain functions, such as current repairs, by the employees of the HOA. But these steps require an appropriate economic justification.

An important event in the organization and functioning of the HOA is the preparation for the general meeting of members of the HOA. The General Meeting may be held in person or in the form of absentee voting, that is, by voting by poll in writing. The first method is preferable from the standpoint of theory and practice of management: it is more democratic, involves the possibility of discussing each issue and making compromise decisions, allows mutual criticism of members of the HOA and the board, which can be used for positive purposes. However, this method is not widely used due to the difficulty in securing a quorum and a place for the meeting.

With the second method, for its successful implementation, the chairman and members of the board simply need to hold a kind of mini-meetings of residents at the entrances (front doors), explain the proposed solutions and answer questions. It is this practice that can be recommended to all HOA as the most effective.

But in the formation of the agenda of the general meeting and the wording of the issues put to the vote, in the HOA, in our opinion, obvious mistakes were made, which should be warned against.

First you need to look at the number of items on the agenda. It is not legally restricted, but must be related to common sense. Thus, according to the results of 2006, 20 questions were submitted for discussion. At a face-to-face meeting, it would take more than one day to discuss them. At the same time, a significant part of the issues fell within the competence of the board and could be resolved by them, for example, a list of HOA services for the repair of intra-apartment property, etc. Several issues were not confirmed even by the minimum economic calculation, for example, the issue of joining three more houses to the HOA , and in this form they should not have been included in the agenda.

The wording of very many questions either does not correspond to the meaning embedded in them, or there are no documents for review that reveal this meaning. Thus, by voting for the procedure for remuneration of members of the board, not the procedure, but the amount of remuneration is approved; voting for the formation of special funds does not give an understanding of which funds are formed and from what sources. When voting for various orders and rules, an abstract idea is approved or not approved, and not a clear procedure for its implementation, because these documents are absent in the materials submitted for review, for example, the internal regulations of employees and the regulation on their remuneration.

The lack of transparency and specificity in the documents submitted for voting and familiarization gives rise to various rumors and negatively affects the authority of the board. It would be much more reasonable to determine the amount of remuneration for each member of the board; in the internal regulations indicate the list of employees with the application job descriptions; indicate in the salary statement official salaries workers.

It is unacceptable to put veiled issues to the vote, for example, to propose the use of common property to install CCTV cameras, but keep in mind the use of financial resources for their purchase and installation. And this despite the fact that the decision to install video surveillance was not taken at all, the justification for the expediency of this work was not presented, the cost and source of funding were not determined!

It should not be proposed to use the resulting savings impersonally, simply for capital and Maintenance common property without specifying the specific objects of this repair. If there are savings, it is advisable to create a reserve fund and use it in the approved areas, including the performance of certain types of current and capital work.

As a final touch to the documents submitted for voting and familiarization, it would be useful to see in them a brief curriculum vitae, possibly with a photograph, of each candidate for board members and audit commission. These materials can be submitted for review together with other documents.

The above critical review of the process of forming an HOA allows us to make a number of practical advice for its rational implementation.

Firstly, it is necessary to create an initiative group from among the owners of apartments, initiating the formation of an HOA. It should include people who have a certain production experience and motivation to work in the governing bodies of the HOA, as mentioned earlier.

The group should be led by a leader who enjoys the confidence of the rest of its members. The group should count on the election of all members to the board of the HOA.

Secondly, the initiative group must determine in advance its possibilities for registering an HOA and organizing its work. It is necessary to calculate the costs of registration and reproduction required documents, determine the source of coverage of these costs and the performers of all cameral and organizational work. It was mentioned above that the financing of the costs of organizing an HOA in real conditions is provided by the members of the initiative group at their own expense, counting on future remuneration.

Thirdly, making a decision in advance on the management of the HOA on its own, it is necessary to determine the list of energy supply and service organizations with which it is necessary to conclude relevant agreements. At the same time, it is also necessary to take into account the costs of processing contracts and determine the performers of this work.

AND, finally, it is necessary to carefully prepare the holding of a general meeting in order to decide on the creation of an HOA. Practice shows, and it was mentioned earlier, that holding such a meeting in person without appropriate preparation will not lead to a positive result.

Based on experience, it is possible to recommend a preliminary visit by the initiative group to all apartments with the introduction of each member of the group and an explanation of the purpose creation of HOA and the advantages of the chosen method of managing the house (management of the HOA). It is advisable after such a visit to hold a meeting in turn in each entrance with the invitation of one of the leaders of a successfully functioning HOA to answer questions that certainly arise.

Only after such painstaking work, having convinced the majority of apartment owners of the advisability of creating an HOA, should a general meeting be held and count on its positive decision and the election of members of the initiative group to the board.

Concluding the chapter, we can say that the Housing Code of the Russian Federation proposes two competitive ways to manage an apartment building: managing a management company and managing an HOA. Both ways have enough grounds and opportunities for management on a professional basis.

The method of direct management of the owners of premises in MKD, also provided for by the Housing Code, is less preferable from the point of view of professional management.

However, it can be hoped that the information presented in this book will not only become the basis for the professional management of buildings by the previously mentioned management organizations, but will also significantly increase the level of knowledge in this area of ​​the owners of premises in apartment buildings.

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In the magazine you will find best practices, methods, standards and ways of managing an apartment building, information on the interaction of managing organizations, HOA, housing and housing cooperatives, with authorities.

The journal publishes information about modern technologies operation and maintenance of an apartment building. Much attention is paid to the management accounting in housing and communal services. Subscribers get acquainted with practical experience in solving complex situations in the management of housing stock that arise in the work. In our magazine - only author's materials.

In each issue of the magazine "Management of an apartment building"

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There are many ways to deal with non-payers public services. But despite the severity of the law, the amount of the total debt of the population in Russia is growing every year. In this regard, the state is taking measures to improve payment discipline. For example, in 2019, a law on writing off debts for housing and communal services is being considered. In the article, we will consider whether an amnesty of debts for housing and communal services is possible in 2019, what are the conditions for writing off debts for housing and communal services in 2019, how to apply for the application of the limitation period for utility payments, and consider judicial practice on the expiration of the statute of limitations for housing and communal services debts. 776

Sealing of metering devices is a mandatory procedure. For the absence of a seal or its failure, administrative liability is provided. In the article, we will consider what the seal on the gas meter looks like, what the fine is for breaking the seal of the gas meter, the procedure for installing the seal on the gas meter and their number. 84

With the onset of cold weather, residents of high-rise buildings are increasingly wondering when they will give heating. But this process does not happen on demand. It is one of the links in the cycle of work on the operation of MKD during the heating season. In the article, we will consider how preparations for the heating season are going on in MKD, when heating is turned on, when the heating period ends, how the cost of heating is calculated per 1 sq. meter in 2019, when the recalculation is performed. 234