Each house must be serviced by a specific management company. It is usually appointed by the direct tenants of the building. But often there is a need to change the management company. The process can be carried out for various reasons, and tenants are most often interested in it (in the case when the organization does not cope with its duties or charges too high a fee for its work).
When possible?
There can be many reasons for changing the management company in an apartment building . The responsibilities of a particular UK are spelled out in an agreement concluded with members of the HOA. If the company for various reasons does not perform the necessary actions or provides low-quality services, then such actions are the basis for choosing another organization. Therefore, most often the change of the management company is carried out for the following reasons:
- the company does not cope with its duties;
- the services provided are of poor quality;
- information on the operation of the enterprise is not provided to the residents of the house, which is a violation of the LCD, since each CC is required to disclose information about its functioning to the owners;
- breakdowns in the house are not eliminated in a timely manner;
- Do not clean the entrances and the surrounding area;
- absence or untimely reaction to various applications left by tenants.
Owners of apartments in the house may leave complaints about the organization’s work in various state institutions, for example, the prosecutor’s office. For each breakdown, it is required to draw up acts in which the date of detection of the violation is indicated. This will allow you to determine how quickly employees of the Criminal Code respond to various accidents.
If even after numerous complaints and violations the Criminal Code refuses to conscientiously cope with its duties, then tenants can decide to change the organization. You can complete the process before the expiration of the signed contract.
What difficulties can you face?
If the residents of the building decide to change the management company, then they must take into account some points:
- it is impossible to complete the process in the first year of cooperation;
- the current Criminal Code will create various obstacles for residents after receiving notice from them, and often citizens even face threats or blackmail;
- often the company, after receiving information about the tenants ’intention to choose a new management company, begins to cope well with its duties, clean up entrances, improve the surrounding area and perform other actions, which leads to doubts among citizens.
You should not deceive yourself if the firm at a certain point in time really begins to better cope with its duties, since usually such actions are only the appearance of work, so in the future tenants will again have to deal with the negligence and inaction of the firm.
Who is the initiator?
Typically, the initiators of the change of the management company are the immediate residents of the house. They want to choose a company that in fact will do well with their duties for a set fee.
To carry out the process, an initiative group is created by the residents, which then performs all the actions on behalf of the HOA. Any members of the partnership are included in this group, but they are usually represented by board members. People in the group are engaged in the analysis of the company.
What are the ways to terminate the contract?
The way to terminate the relationship depends on the execution time of this process:
- if the term of the contract is suitable, then it simply does not extend, for which purpose a corresponding application from the residents of the house is transferred to the Criminal Code;
- the contract is terminated ahead of schedule if there are good reasons.
In the second case, you may encounter serious difficulties, since the employees of the Criminal Code may not agree to the pre-trial method, so you have to solve the problem through the court.
Contract expiration
The most convenient way to terminate the contract is the end of its validity. At this point, you can conclude a contract with the new management company.
To complete this process, a notice is sent one month before the deadline on the change of the management company to the representative of the organization. If no actions are performed, then automatic prolongation is carried out.
Termination of the contract during its term
If the contract has not yet expired, then terminating it ahead of schedule will be quite difficult. The procedure for changing the management company takes into account the following nuances:
- initially a new management company is selected;
- it is this company that begins the process of termination of the current contract;
- if it is not possible to make a choice, then the contract is terminated by drawing up an agreement of the parties or on the basis of clauses of the agreement, and a lawsuit may also be filed in the court or the circumstances of both parties may change.
Each process has its own nuances.
Drawing up an agreement of the parties
The most optimal way is to draw up an agreement between the two parties. To do this, the following actions are performed:
- initially, a meeting of owners is convened, where a decision is made to change the management company;
- the minutes of the meeting are drawn up;
- this document is sent to the Criminal Code with a statement on termination of the contract and a request to draw up an agreement of the parties;
- if the employees of the Criminal Code respond positively to the received document, an agreement is formed that stipulates the conditions for transferring documents to the house for new managers;
- The procedure for transferring the remaining funds for repairs and settlements with suppliers of various resources is stipulated.
All documents and money received are transferred to the new Criminal Code.
Based on the clause of the contract
Each contract drawn up with the Criminal Code has special clauses designed for the terms and conditions of termination of the agreement.
Most often, there is a point at which residents have the opportunity to terminate the contract if they have evidence that the company is not coping with its obligations under the contract. In this case, the notice of termination of the contract is drawn up correctly, which is sent to the Criminal Code with other documents. When changing the management company, it is required to prepare papers confirming the absence of repair or the provision of low-quality services.
With this method, the company is automatically relieved of its duties.
Change in circumstances of the parties
In Art. 451 of the Civil Code indicates that if a party has changed material circumstances, this may become the basis for early termination of the contract.
If one side refuses to terminate cooperation, then the matter is decided further through the court.
Going to court
This method is considered the most complex and lengthy, as well as expensive. It is advisable to go to court if the tenants really have evidence that the Criminal Code violates the essential terms of the agreement.
Based on the evidence, the judge makes an objective decision. Most often, in a lawsuit, citizens refer to non-compliance with the temperature regime in residential premises, to interruptions in the supply of electricity or water, as well as to an idle elevator. The reason for termination of the contract is not only the inaction of the organization, but also the failure to meet deadlines.
Rules and stages of the process
If you plan to change the Criminal Code in the house, then the following actions are performed for this:
- The initiative group collects documents that serve as the basis for a change in the Criminal Code. To do this, the provisions of the contract are studied and previously prepared acts are prepared.
- A notice is being prepared for each tenant to hold a general meeting, and a sample can be used for this. Change of management company is carried out only after voting. The notice indicates the venue of the meeting, the date of the event, the agenda, information about the initiators, and you can also immediately apply ballots for voting in absentia.
- Holding a meeting. At least half of the owners should be present. All information is recorded in the protocol. Change of management company is allowed only if there are numerous claims against the organization. Voting is required. A new management company with which an agreement will be concluded may be immediately selected.
- The minutes of the meeting are drawn up correctly. It includes information on the agenda, voting results and the process of familiarizing all apartment owners in the house with the decision.
- The protocol is awarded to the current management company and the selected new organization. Simultaneously with this document, a notice of termination of the contract is given to the company. It lists the reasons for the termination of cooperation.
If the company agrees to terminate the cooperation in a peaceful way, then it transfers documents within 30 days when the management company is changed. Documents are issued by the new Criminal Code together with a certain amount of funds intended for home renovation and settlements with resource-supplying organizations.
How to choose a new management company?
To make cooperation with the new management company more comfortable for residents of the house, it is important to correctly approach the process of choosing this organization. Therefore, the following nuances are taken into account:
- the duration of the company;
- established relations with the administration of the region;
- the organizational structure of the company, for which the founders and full-time employees are evaluated;
- the number of houses managed by the organization;
- state of constituent and accounting documentation, which should be freely available;
- openness and contact of the company;
- the state of the material base, which includes various machinery and equipment;
- terms during which necessary work is carried out on the basis of tenants' applications;
- qualifications of hired specialists;
- tariffs used.
The transfer of documentation when changing the management company occurs only after the termination of the contract with the previous organization. Based on these documents, the new company will be able to understand the existing features of the house, the necessary work and other nuances.
Conclusion
If necessary, residents of any home can terminate the contract with the existing Criminal Code. The process can be carried out on the basis of an agreement of the parties, by notification of termination of the contract or through a court. For this, it is necessary to hold a meeting of tenants and choose a different UK in advance.
Most often, firms refuse to litigate, as residents have evidence of neglect. Therefore, the Criminal Code prematurely terminates the agreement without any difficulties and disagreements.