Each owner of a dwelling, whether it is an apartment, a luxury apartment or a room, in one way or another encounters the services of a management company. By the way, most often residents are dissatisfied with how public utilities cope with the duties assigned to them. Moreover, management companies often hide important information from citizens that should be freely available. The article is devoted to the following question: how to draw up a statement in the Criminal Code on the provision of information? Samples of residents will also be offered as an example.
Housing legislation
The legislative and regulatory framework that regulates the relationship between the management company and residents of apartment buildings includes several basic acts. Among them, the Housing Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation occupy a significant place. Legislative acts that establish the right of citizens to receive various kinds of information from the management company are various resolutions and orders of the Government and the Ministry of Housing and Public Utilities of the Russian Federation. They approve the forms of information disclosure by organizations that are engaged in activities in the field of housing and communal services.
For example, the Housing Code of the Russian Federation (Article 161) clearly spells out the obligation of management companies to provide access for citizens living in houses of a particular residential complex to information related to the economic and repair-construction sphere. If for some reason these data were not received or were provided in a compressed, limited form, the owners of the premises have the right to request them by submitting an application to the Criminal Code for the provision of information. Samples of such appeals will be presented in the following sections.
What the Criminal Code should not hide from residents
The disclosure standard approved by the Government of the Russian Federation defines a list of documents and information that owners are entitled to request from utilities. This information includes:
- general data regarding the organization of work of the management company (name, TIN, PSRN, surnames of the founders, legal address, work schedule, contact numbers, etc.);
- information on income and expenses that arise in the process of carrying out housing and communal activities;
- the debts of the management company to enterprises supplying resources (cold and hot water, electricity, gas, heat);
- a list of multi-storey buildings with which agreements are signed for the provision of housing and communal services, as well as premises that are not serviced by the Criminal Code due to the termination of the management agreement;
- generalized information about apartment buildings, including information on the formation of a capital repair fund, the technical characteristics of the building, the degree of improvement;
- data on the repair work carried out, as well as the services provided, necessary to maintain the common house property in good condition;
- reports showing the cost of service;
- detailed information on current tariffs with the provision of regulatory data;
- information on the use of joint property and non-residential fund, including premises leased to third parties;
- reporting data on all meetings of owners of an apartment building;
- reports of the management company on the fulfillment of the terms of the contract;
- information on offenses, as a result of which the Criminal Code was brought to administrative responsibility.
Where and how to apply for information
According to paragraph 5 of the “Information Disclosure Standard ...”, the owners of apartment buildings have several ways to obtain the necessary information. The simplest is a visit to the Housing and Utilities Reform website. This resource is designed just to ensure uninterrupted access to the residents of the complex with information regarding the work of the Criminal Code. An application for repairing the entrance in this way cannot be sent, but if you enter the exact address of the building, which is under the jurisdiction of the Criminal Code, you will be able to find out everything: what work has been done, what needs to be done, tariffs, debts, relevant topics for discussion, etc.
Access to the resource is provided by the management company for up to five years. The disadvantage of this method is that the information is not always displayed correctly on this portal.
You can apply for the necessary information through the official website of your UK. An application for roof leakage, repair at the entrance, replacement of the riser, plumbing and other nuances can be submitted right here. In the office of the management company, each owner of the premises can gain access to his personal account for a five-year period. In your personal account you can store the necessary information and create applications for services for the repair and maintenance of the house.
Basic information about the legal form and license of the organization is available on information boards directly in the office of the Criminal Code. Samples of repair statements can also be found on wallboards. However, the tenants will be able to request information from the management company only during working hours. If it is not possible to personally come to the address of the housing and communal services, another type of communication with them is available to the citizen - via email. You can write an application to the Criminal Code on the provision of information according to the available model and send it by regular mail.
How many days to wait for an answer
Regardless of how the application will be sent to the management company, it should contain the following data:
- Name of the organization;
- personal data of the applicant;
- residence address;
- statement of the essence of the issue (request, proposal, requirement).
Also in the application it is necessary to indicate the method of receiving the answer, which, according to the law, must be given to the Criminal Code no later than 10 days after receiving the request from the tenant. The response letter must necessarily contain the personal data of the responsible employee of the organization.
Appeal to the Criminal Code for household needs
As a rule, tenants turn to communal services only when there is a clear violation of their rights. If you fail to comply with the norms of the Housing Code of the Russian Federation, you can without hesitation write a statement in the Criminal Code. The recalculation of tariffs, repairs, insects in apartments, dirt in the porch, the frequent lack of water or electricity - all this relates to the field of activity of public utilities. The management company must not only solve these issues, but also provide the residents with information of interest to them, for example, on planning the distribution of funds received from the residents as a rent, or on the work done and the resources expended, etc.
When it comes to repairing or flooding an apartment, photographs must be attached to the application in the Criminal Code. The same applies to a leaking roof, a landfill near the house and other problems, the solution of which is the responsibility of the management company. An application to the Criminal Code about poor heating or the emergency state of the sewer riser is best filed in a collective form, confirming the magnitude of the problem with the signatures of all interested residents.
What questions are most often asked to utilities?
A sample application in the Criminal Code for the provision of information more closely resembles a letter with the requirements and a list of regulatory legal acts regulating legal relations between an economic entity and owners of premises in multi-storey buildings. When compiling a request, it is necessary to disclose the reason for the complaint, describe the force majeure events that have occurred and their consequences.
If, for example, the management company completed the roof repair, but the structure did not last long and a leak formed again, the residents will want to clarify what funds will be spent on the repeated repair and who will be responsible for the poorly performed work. By law, the management company bears legal responsibility. Therefore, any type of repair should be carried out at the expense of the organization.
The text of the statement in the Criminal Code on recalculation or repair work will depend on the reason for contacting the management company. An example of a request for information will be available in one of the following sections of the article. If the application for replacing the riser has already been sent to the Criminal Code, but no information has been received in response, there is nothing left but to write a complaint about the organization to higher authorities.
How to make a statement
An appeal for the provision of information or access to it is written in a free form, as well as an application in the Criminal Code for repairs. Special legislation is not provided for. To save time on searching and writing a letter, you can take as a basis one of the examples posted in the article.
And although the application can be written in free form, you should still follow the basic rules for the preparation of official documents. On the right side at the top you need to indicate the position of the person and the name of the organization to which the application is sent, the address of the management company is also indicated. Under these columns the applicant must indicate his full name, place of residence. In the middle is written the word “statement”. On the red line, the applicant must state his problem, which forced him to turn to the Criminal Code and clearly state what information is required. At the end of the statement, put the date and signature. After that, the document can be considered ready to be sent.
Having decided to take the application to the management company in person, you need to take care in advance to create a copy on which the employee of the organization will have to put a mark on the registration of the appeal. But before writing a statement on the provision of information, the applicant should go to the management company’s website: it is possible that there is an answer to a question of interest.
Approximate application template
As already noted, there is no single sample application for information. Such a statement must comply with the main form of official documents, despite the fact that it is compiled in an arbitrary form. The "cap" of the document is drawn up traditionally, for example:
To the director of the management company LLC Khozbyt
Ivanova Anna Ivanovna,
located at: Moscow, st. Lenin, d. 25
from Petrov Sergey Petrovich
residing at: Moscow, st. Lenin, d. 27, apt. 37
contact phone: +79001234567
Information Request
According to subparagraphs “a” and “g” of paragraph five of the “Information Disclosure Standard ...”, approved by a decree of the Government of the Russian Federation, managing organizations are obliged to provide information on the income received from the management of the apartment building and the expenses incurred in connection with the provision of the same services. (Next, it is necessary to list the provisions of all regulatory legal acts that relate to the issues under consideration).
Based on the foregoing, I ASK:
- Provide information indicating the income of the organization during the management of the residential complex, located at: Moscow, st. Lenin, d. 25, 26, 27, 28.
- Disclose data on embezzlement incurred by Khozbyt in the provision of residential complex management services.
- Provide a progress report on apartment building No. 27 located at ul. Lenin in Moscow.
- Provide the email address of the official website on which this information is posted.
- Send a copy of the contract concluded between the residents of the complex and the management company, as well as copies of payment documents, monthly receipts for payment for the maintenance of the apartment building and the provision of housing and communal services to the postal address indicated by me.
The owner of the apartment number 37 in the house number 27 on the street. Lenin (Moscow)
Petrov S.P.
What to do if there is no answer
Often you can find reviews that written according to samples of applications in the Criminal Code (on the recalculation of utility bills, repairs in the porch and for other reasons) remain unanswered, and on all kinds of resources the information is also missing or the information provided does not correspond to reality. What should be done in this case, if the management company openly ignores citizens ’appeals or does not give a clear answer to clearly posed questions? Often, the Criminal Code respond with standard unsubscribes, which do not even always contain the requested information. In addition, delaying the response, management companies often cite the lack of clearly defined deadlines for considering citizens' appeals.
In this case, the homeowners have no choice but to write complaints to higher authorities. First of all, it is necessary to send a claim to the State Housing Inspectorate, enclosing a sample application in the Criminal Code (for flooding an apartment, for example). On this copy must be present a note stating that the application has been submitted for consideration - this will confirm the fact of the appeal and the absence of an answer. The addresses of the regional subdivisions of the GZHI can be found on the website of the Russian Housing and Communal Services. There are also samples of applications to the Criminal Code.
Roof leakage or waste removal can also be reported to Rospotrebnadzor. If the truth cannot be reached here, you should contact the prosecutor's office. You can submit a claim in various ways - via the Internet, by mail, or bring documents in person.
Responsibility for unfair management companies
A few years ago, amendments were made to the Code of Administrative Offenses, providing for the possibility of bringing communal workers to legal liability for refusing to provide information. The application to the Criminal Code written by the owners of the apartment buildings should not go unanswered - people have every right to receive specific information and reports from the organization, the contents of which are laid down in the rent rates.
Management companies are organizations that conduct licensed activities. The Housing Code of the Russian Federation established that providing owners with access to information on housing and communal services is one of the main requirements for the work of public utilities. Each citizen living in an apartment building subordinate to the management company can count on the provision of information from the Criminal Code upon application within ten days. If the answer has not yet arrived, you need to write a complaint to the State Housing Inspectorate - the executive authority that monitors the implementation of the requirements of the Government Standard.
If, according to the results of the audit, the supervisory authorities have not revealed any violations, or the applicant was not satisfied with the conclusion of the higher authorities, he always has the right and opportunity to apply to the court. Submit a claim to the management company for refusing to provide information to the local district court. The claim must indicate:
- name of the judicial authority, address;
- data about the plaintiff and defendant;
- Description of the subject matter
- statement of requirements;
- evidence of violation of the applicant's rights;
- Attached documents.
Despite the fact that the legislation of the housing and communal sector is constantly being amended, which is difficult to keep track of an ordinary citizen, everyone needs to know their rights in order to combat the unfair performance by management companies of their duties and to hold officials of communal organizations accountable. In some cases, the owners of the premises do not even try to delve into the content of the contract concluded between them and the management company. But employees of the Criminal Code receive a salary from the money that residents pay. The fact of violation of housing legislation should be recorded and applied to higher supervisory authorities - the State Housing Inspectorate, Rospotrebnadzor, prosecutor's office, court.