Often, residents who have entered into agreements with management companies are not satisfied with the results of the latter. Every now and then in the media flicker messages exposing the employees of the Criminal Code, illegally charging utility bills and robbing ordinary citizens in their favor. In the light of such publications, the attitude towards management companies is especially negative.
To whom do management companies report? Where can I complain when their activities do not suit you? And how to achieve a real result? Who controls the fulfillment of their own responsibilities by the management company of apartment buildings?
Here is a list of those organizations that are traditionally accepted in case of dissatisfaction with the work of the Criminal Code. First of all, tenants go to the head of the company, the next instance is the State Housing Inspectorate, and in addition, you can contact the Rospotrebnadzor, the prosecutor's office and the court. Let's take a closer look at the nuances of the procedure for applying to each of the mentioned bodies. Where to write a complaint about a management company in the first place?
We go to the reception of the director of the Criminal Code
Some owners believe that a written appeal to the managing organization itself is inefficient and does not make much sense. But this conclusion is incorrect. It is usually based on numerous oral requirements, which often go unanswered. But in the event that you send a written complaint to the Criminal Code, the effect, as a rule, happens. Management companies rarely try to âdownload rightsâ in such situations. Obviously, its employees are well aware that a written statement from the residents indicates one thing - the patience of the people has been exhausted, and the likelihood that complaints will be filed above is quite high.
In order to prevent the removal of litter from the hut, the management of the Criminal Code is trying to repay the discontent of the owners at this stage. That is why the requirements of tenants set forth in the application are often quite easily and quickly satisfied, especially if the scope of work is not meant to be too large.
The legal basis for the interaction of residents and representatives of the Criminal Code is the Federal Law "On Protection of Consumer Rights". Based on its provisions, it is possible to raise the issue of inadequate quality of services provided to the customer. A written statement containing an appeal of this nature can be considered a claim requiring the elimination of identified deficiencies.
What's next?
Such a statement of claim must be considered within 10 days (and not 30, as in the general case of complaints). The application will need to be made in two copies, of which one is transferred to the Criminal Code, and the second (stamped with the date and signed by the secretary) remains with the applicant. The number on the application serves as a reference for the 10 days mentioned.
After this period, in case of inaction of the Criminal Code, you can proceed to more serious measures. The application must be provided with information on the methods of feedback (postal or electronic address, contact phone number). Of course, it can theoretically go unanswered or be purely formal in nature. If the issue has not been resolved, it makes sense to think about where to write a complaint about the management company yet. We go to other bodies.
We go to the State Housing Inspectorate
The outcome of a complaint to the management company in the State House of Journalists is always a very serious check, the result of which is most often the prosecution of the perpetrators. The head of the company will be issued a fine and will be ordered to eliminate a number of violations, and these may include those for which no complaints have been received, but the audit showed their presence. If, however, this order is not fulfilled within the prescribed time, the new penalties await the Criminal Code.
The competence of GZHI is almost any issue related to the maintenance of an apartment building in technical terms. It is about observing the operating rules of such a house and standard calculations (standards) for its maintenance, about preparing for the heating season, about meeting the deadlines for holding general meetings of tenants, about choosing a UK and providing it with the necessary powers. It is this body that is aware of all the responsibilities of the management company of apartment buildings.
Where to look for information
Where to complain about the management company in Moscow (and not only in it)? Each city has its own housing inspectorate, which has an official website, where all the necessary information is reflected in the most detailed way. First of all, specify the location of this organization. A complaint is made on a personal visit or by registered mail. You can also use the electronic form directly on the site.
A complaint about the management company servicing the house must be submitted on behalf of one of the owners of the apartment located in it. Indication of the name of the Criminal Code is required. It is advisable (but not necessary) to give her office address. The rules of business correspondence suggest at the beginning of such an appeal references to the norms of the law, which emphasizes the knowledge of the applicant of his own rights.
The following is a summary of the essence of the matter, listing the actions that the management company is supposed to carry out and indicating the absence of such. Or gross violations taking place are listed. It is explained that repeated written appeals to the leadership of the Criminal Code did not bring results. The statement ends with a request for verification of the facts and impact on the Criminal Code, which, as a rule, is expressed in the order to oblige it to eliminate all violations.
Clearance details
Also, the appeal may contain requirements for holding perpetrators liable. At the end of the application, the address for the response is indicated (as an option - e-mail). As an application, copies of appeals to the leadership of the Criminal Code, photographs where violations are recorded, and other documents that are directly relevant to the case will serve.
As in any statement, the date and signature of the tenant are placed below. If the complaint is collective in nature with a large number of signatures, this gives it additional weight.
As a rule, verification by the GLC is objective and very thorough. The inspector, in addition to the facts stated in the complaint, can identify many additional shortcomings in the work, sometimes very serious, and demand that they be eliminated without fail under the threat of sanctions.
Where can I complain about the management company except GZH?
An alternative is a complaint to Rospotrebnadzor. It is based on the requirements set forth in housing legislation, the Civil Code of the Russian Federation, and the law on the protection of consumer rights. Appeals to this organization were accepted in cases of violation of legislative norms in the process of drawing up contracts of residents of apartment buildings with a management company. Another serious reason to write a statement to this organization is if the UK refuses to issue information to the apartment owners about utility services (their quality, volume and timing of the provision).
Rospotrebnadzor, in addition, go if necessary to verify the financial statements associated with the activities of the company in the event of legitimate doubts about the actual costs incurred by what was declared. This body also considers issues related to unreasonable increase in tariffs, amounts of payment for utilities.
This agency has broader powers than the housing inspectorate. For example, only Rospotrebnadzor has the right to return money to homeowners in case of poor quality service by the management company (in this case, it is a failure to fulfill the obligations of the contractor). Prior to a direct appeal to Rospotrebnadzor with a complaint to the Criminal Code, it is imperative to submit a claim to the company itself as a service provider (seller).
Rospotrebnadzor will help you
If a negative response is received to a statement in the form of a written claim (or there is none at all), we proceed to directly influence the management of the Criminal Code through Rospotrebnadzor by requesting an unscheduled audit. Sometimes there are situations when the management of the Criminal Code unsubscribes from the applicant, assuring that the shortcomings have been completely eliminated, but in fact no measures have been taken. In such cases, Rospotrebnadzor will also help.
If the situation implies possible harm to health (for example, huge icicles hang from the roof of the house, which, during the thaw, begin to fall and can cause serious danger to people), and the management company is inactive, in this case, the best option is to immediately make a collective a complaint to Rospotrebnadzor, bypassing any written negotiations with the company. As a rule, verification by its employees is carried out quite quickly.
Where can I complain about the management company that serves your home? Go to the website of Rospotrebnadzor and find out where your territorial authority is located with all contacts and address. There are also public receptions in this organization where you will receive similar information. On the stands there is information with addresses for sending complaints. You can do this through the Internet reception or by mail with a notification, as well as by e-mail. Want to know, for example, where to complain about a management company in Moscow? In addition to all the options listed above, it is also possible to send the appeal by fax to the number indicated on the site.
How to write a complaint to the management company
There are no specific requirements for the compiled text. But the application must contain the data of the head and the name of the state body, as well as information about the applicant with an indication of (preferably) an email address. The essence of the problem, to the solution of which you are trying to involve the authorities of Rospotrebnadzor, should be stated briefly and in business language with the application of documents capable of confirming the validity of your claims.
All additional materials are served in the applications. If we are talking about incorrectly accrued amounts of payments, a full calculation should be given. Rospotrebnadzor has the right to oblige the management company to return to the tenant the funds illegally withheld from him, but for this the official conducting the audit needs to understand exactly how the accrual takes place and where these or other numbers came from. Therefore, in a statement, residents should describe in detail the situation with specific charges and an indication of the time period.
Copies of all complaints written prior to the current appeal to the management of the Criminal Code to the housing inspectorate are attached to the application. References to the relevant articles of the Housing Code of the Russian Federation or Federal Law "On Protection of Consumer Rights" are desirable. As a rule, Article 4 of the aforementioned Federal Law is always mentioned, containing a provision on the obligation of the seller (contractor) to provide the service corresponding to the quality contract.
What exactly should be indicated
In each specific situation, the complaint describes the actual actions in comparison with the quality of services stated in the contract. Emphasis is placed on the violation of the rights of the tenant as a consumer. As an example of the failure of management companies to carry out a wide variety of types of services, one can cite the repeated facts of applying excessive tariffs, the inclusion in the payment receipt of amounts for services not actually provided, fictitious payments to maintenance personnel (for example, cleaners or janitors formally hired, but not Acting).
If the service declared in the contract (for example, garbage collection) for a certain period has not actually been performed, you can demand the return of funds paid at that time as overpaid. The requirement to oblige the management company to return funds illegally withheld from the residents is also attached hereto.
The application will not be considered if it is compiled with violations (there is no contact information for the author, the text contains insulting attacks or profanity) or is illegible. In the latter case, if the applicant has contacts, a notification will be sent to him within seven days with a proposal to rewrite the document again. Repeated statements (duplicates) and similar ones that have already been answered are not considered.
We go to court and to the prosecutorâs office
Where to complain about the work of the management company if all the regulatory authorities on the submitted applications have not taken any measures? In this case, the district prosecutorâs office is the next authority to go to. If you immediately go there, bypassing the intermediate instances, most likely, the appeal will be redirected all the same to the GZHI or Rospotrebnadzor.
The prosecutor's office will take into account your complaint only in the situation of repeated and especially malicious violations of the law by the management company. Most often, if gross violations consist in repeating an unlawful action (or inaction), previously recognized as contrary to the law, which already has penalties. For example, a citizenâs complaint reveals multiple overstatement of heating tariffs. This can be a serious reason to bring the management of the Criminal Code to administrative responsibility and the payment of a serious fine.
In case of repeated violations and stubborn reluctance of the management of the Criminal Code to put in order the settlement system with residents, prosecutors have the right to achieve a complete cessation of the activities of the Criminal Code. If necessary, they will tell tenants how to terminate the contract with the management company.
The most serious authority
People usually go to the prosecutorâs office when all complaints filed with other authorities have failed, and people get lost - where else can I complain about the management company? If violations from the point of view of residents clearly occurred, you should contact the district prosecutor's office. It makes no sense to immediately bring a complaint to the oblast, since in the first place your appeal will still be sent to the district office, which will only lead to a delay in the review time.
The standard waiting period for a response to the facts stated in a statement is the same 30 days. If there are grounds, the district prosecutor prepares a special act, according to which the guilty persons will be held accountable. When compiling an appeal to the prosecutorâs office, it must be indicated that complaints have been repeatedly submitted to the State Property Committee and Rospotrebnadzor, as well as to the management of the Criminal Code itself, and emphasize the lack of results.
What to write to the prosecutorâs office
An appeal to the prosecutor's office should contain a request to conduct an audit of the financial activities of a particular management company. To clarify your requirements should be given facts proving abuse and obvious violations, indicating exact numbers and dates. Also, links to articles of laws will not hurt.
As in complaints to previous instances, the statement ends with a request to hold the perpetrators accountable and to inform the applicant of the results of the examination at the indicated email address.
Copies of payment receipts and appeals to other authorities, as in the cases considered above, are submitted as attachments. After checking the management company, prosecutors conclude that the actions of the Criminal Code are lawful or illegal, and then the issue of drawing up an act of prosecutorial response is decided, according to which the companyâs management is obligated to immediately eliminate all identified shortcomings. Otherwise, its activities will be suspended.
When to go to court?
Where can I complain about the management company if it was your fault that caused it? Matters related to recovering losses due to actions or inaction of the managing organization are usually resolved in court.This is done when, according to the complaints filed with various authorities, the shortcomings in the companyâs work were eliminated, but the damage caused to the tenant was not compensated. Then a lawsuit is prepared according to generally accepted rules.
As an example, we can cite the situation when, due to the intervention in the GLC, snow or large icicles were nevertheless removed from the roofs of houses, but before that, a car standing near the entrance was damaged due to falling pieces of ice. Another situation is when the old pipes to be replaced in a planned manner broke through with flooding of the apartment and damage to expensive repairs.
Sometimes the prosecutor's office may appear in court as a representative of the interests of a citizen. Its employees can independently prepare a lawsuit and take part in a court session.