Where to write a complaint about the inaction of the management company. How to write an application to the management company: step by step instructions

How to make a complaint about management company? And how to properly present it. Violations by management companies raise questions among many homeowners.

In our review, we will offer an algorithm for dealing with complaints about managers, we will analyze where to complain about the management company and we will analyze how to bring their consideration to the desired result.

How to write a complaint about the management company

If you need to file a complaint or claim against the management company, you need to know that, like any other complaint, it is drawn up in general form. This means that, as in any document, the complaint must have a “header”, that is top part a document indicating the addressee - where we send the complaint.

The name, surname and patronymic of the complainant, your registration address and telephone number are also indicated. The address and phone number are provided to be able to send a response and inform you about the outcome of your issue.

Below, in the center of the sheet, we must write the name of the document: "Claim". Under the title, we summarize the essence of your complaint - this is the main part of the document.

In the main part, we describe the identified violations by the management company, as well as in what part of the contract the management company does not fulfill its obligations under the contract.

Suppose our problem with the UK is caused by the fact that the management company violates the garbage collection schedule or does not take it out at all.

Accordingly, the complaint against the management company should be reflected full information about the period of time or from what date garbage is not taken out of the containers located at the address (here we write the exact address of the residential building and the location of the containers).

An essential detail in the complaint against the management company: it is necessary to indicate that the fact of not removing garbage is a violation of the agreement concluded with the Criminal Code and write a request to eliminate this violation within the time period specified by you. After filling out the main part of the complaint, it is necessary to write down the date of the complaint's deposition and put a personal signature with a transcript.

In order to have on hand confirmation of the fact that the complaint was received by the organization to which the complaint is sent, you must draw up a document in two copies. At the same time, on the second copy, the person who accepted the complaint from you must put the date of receipt and sign it. This copy remains with you in confirmation of the fact of acceptance, and in addition, from the moment the claim is received, there is a period for which you must receive an official response to your complaint.

What should be the official deadline for responding to a complaint? If a complaint against a management company is sent to a state body, then a response can be expected within 30 days from the date of receipt of your complaint, and this is reflected in the legislation of the Russian Federation. Now, if you send a complaint to the management company, the period for consideration of such a complaint is regulated by the consumer protection law, and the period for consideration of such a claim is no more than 10 days.

If your rights are violated by the management company, you can apply to the court to protect your rights. To initiate a trial, an application is written in the form and in accordance with the information set out in the information. From the moment of submitting the application, within 5 days, in accordance with Article 133 of the Civil Procedure Code of the Russian Federation, the issue of accepting your application for processing should be decided.

The main question asked at the beginning of our article is where exactly to complain about the Criminal Code? For the correct solution of the issue, it is necessary to adhere to the established order, namely: before applying to the court or regulatory organizations, it is necessary to make efforts to resolve the issue peacefully.

That is, you need to start by filing a claim directly with the management company itself, at the main office.

Your further actions will depend on the course of your complaint, there are exactly two options here.

• Or your complaint will be considered and satisfied.
• Or your complaint will be ignored by the management company and the violations will continue.

However, regardless of the outcome of the complaint, you must receive an official response to your request.

The response should contain the following information: either a justified refusal to satisfy, or the measures taken by the management company in the direction of satisfying your complaint.

It is clear that if the complaint is satisfied, the conflict can be considered settled.

Consider further actions you in case of dissatisfaction of the complaint:

1. The first thing you can do is to contact the body that has the appropriate authority to check on the appeals of citizens of the entire housing and communal stock - the Housing Inspectorate. This inspection has the right, based on the results of its inspection, to apply penalties to persons guilty of violations.
2. If contacting the Housing Inspectorate does not bring results, your next step is to contact Rospotrebnadzor. Since the contract between you and the Management Company belongs to the category of domestic contracts and is regulated by the federal law "On the Protection of Consumer Rights", a complaint to Rospotrebnadzor regarding the violation of your rights as a consumer of the services of the Criminal Code is legitimate. An appeal to Rospotrebnadzor is submitted in the form of an application. The main part of the application will be completely identical to the main part of your complaint discussed above and should contain the essence of the violations of the Criminal Code and your claims. According to your application, Rospotrebnadzor conducts an inspection of the management company and the facts of violation of the contract stated in the application, and based on the results of the inspection, it may apply sanctions of the Criminal Code.
3. If this step is not satisfied, you can apply to the judiciary or the prosecutor's office. Let's consider this option in more detail.

Sample letter of complaint against the management company to the prosecutor's office

The application is written in accordance with the form below.

You can also ask for a sample at the prosecutor's office at the place of residence.

Sue the management company

Please note that if your complaints to the organization listed above were related precisely to the facts of violations of the terms of the contract by the Criminal Code, most likely your issue will be resolved positively, order will be put in place, and those responsible for the violations will be punished. However, this is not the case in all cases.

In addition, if your damage from the actions of the Criminal Code is material in nature, then your last argument as the injured party will be to apply to the judicial authorities.

Example - damage to your vehicle a branch of a sawn tree, that is, from the direct actions of employees of the management company. submitted in the prescribed form with the application of the necessary documents.

An article of the Civil Procedure Code (CPC RF) determines the question to which court you should refer your application. Thus, a statement of claim against an organization must be filed with the court at the location of the organization. This issue can also be covered in the text of your contract with the Criminal Code, if so, then the documents are submitted to the judicial authorities specified in the contract. In the question of where to complain about the management company, you must consider objectively all aspects of your problem and act reasonably and consistently.

Where to write a complaint about the management company Not all residents know apartment buildings, however, the issue has become very topical lately.

According to statistics, tenants of apartment buildings most often complain about the management company for:

1. Power outage;
2. Not garbage disposal;
3. Overcharging;
4. inaction;
5. Installation of common house metering devices;
6. Inappropriate home maintenance;
7. Failure to provide information;
8. Poor repair;
9. Failure to fulfill or improper fulfillment of the obligations of the Criminal Code in accordance with the contract for housing and communal services (HCS).
10. Lack of proper preparation of the building for the beginning of the heating season.
11. No activity report to tenants.
12. Not holding meetings of owners or holding them with great violations.
13. Failure to comply with other terms of the contract with the tenants.

How to file a complaint against the management company

All conditions for the provision of services by the management company are set out in an agreement signed by all tenants. According to the standard document, the company is obliged not only to fulfill its obligations, but also to report on this to the payers. Any violation committed by the Criminal Code gives tenants the right to complain to:

1. Housing inspection.
2. Rospotrebnadzor.
3. Prosecutor's office.

Observing the following things in their own entrance, residents have every reason to be dissatisfied:

• Shabby walls, crumbling steps, broken windows, broken lighting, faulty intercom;
• Stably broken elevator and non-functioning garbage chute;
• Apartments are poorly heated, or there is no heating;
• Etc.

How to write a complaint about the management company?

The form of the complaint is arbitrary, it can be typed on a computer or handwritten. At the top, the full name of the body to which the message is addressed must be indicated. The complainant or a group of residents provides passport details and contact details about themselves ( Email, telephone number, postal address).

In the text itself, it is necessary to list briefly and without emotion all the identified violations that contradict the contract with the Criminal Code (give its details). It is necessary to indicate how long the violations last, what was done so that the Criminal Code could eliminate its shortcomings. You can refer to the Housing Code, the Code on administrative offenses as well as Sanitary Rules and Norms.

In the case when it is a direct violation of a certain clause of the contract, this clause should be indicated and all the circumstances closely related to these violations should be given. It will not be superfluous to attach photographs, expert reports, and other documents as evidence.

At the end, the request with which the tenants apply to a higher authority, as well as the deadline for its implementation, should be indicated. The document ends with the signatures of all those mentioned in it, with a date.

The document should be submitted in 2 copies. One remains in the hands of the applicant with the incoming registration number and the date of acceptance, the stamp of the organization and the signature of the authorized person. This will serve as proof of conversion in the future. The complaint must not only be accepted, but also reported in what form and in what time frame it will be answered. If the organization refuses to accept the complaint, it should be sent by registered mail with acknowledgment of receipt and a description of the attachment.

The time limit for a response is counted from the date the complaint was filed, and if we are talking about a state body, then you should not wait longer than 30 days. If you file a complaint directly with the Criminal Code, based on The federal law“On the Protection of Consumer Rights”, then the answer must be issued to the applicant no later than 10 days later.

Our lawyers know The answer to your question

or by phone:

To whom to write a complaint about the management company

Applicants can choose the place of appeal regarding violations of the contract with the Criminal Code:

1. Housing inspection.

The functions of the housing inspectorate as a state executive body are to supervise:

• Compliance with the rules for the operation of residential buildings;
• Compliance with the rules for the use of housing;
• The timeliness and completeness of measures to prepare housing for heating season;
• Compliance with the standards for the supply of utilities to residents;
• The correctness of the general meetings homeowners and compliance with the procedure when choosing a management company;
• Compliance with the management company standards.

The housing inspectorate has the right to check the work of the management company, and if violations are detected, prescribe their elimination. The deadline for fulfilling the orders is 1 month. Violators are subject to administrative liability. You can file a complaint with your local branch, or directly on its website.

1. Rospotrebnadzor.

You can complain to Rospotrebnadzor about the Criminal Code when:

• The contract with the UK does not comply with the Federal Law "On Protection of Consumer Rights";
• The rights of residents are violated, as they are provided with incomplete or inaccurate information about the supply of housing and communal services;
• Accounting records of the Criminal Code require verification, especially in terms of payments, as there are reasons to suspect fraud;
• There are grounds and a need to change tariffs for housing and communal services.

The complaint should list where complaints have already been sent, as well as their results. If the inspection of Rospotrebnadzor reveals violations, then measures will be taken to eliminate them, and if they are detected again, sanctions will be imposed on the violators.

1. Prosecutor's office.

The powers of the prosecutor's office include taking appropriate measures to detect the following violations:

• Misappropriation of funds: robbery, fraud, embezzlement, misappropriation;
• Misconduct or failure to act by a supervisory or supervisory authority.

According to all the information contained in the complaint, the prosecutor's office will conduct an audit, and as a result, the complaint will either be rejected, or the violators will be brought to administrative or criminal liability.

1. Court.

The last resort to achieve justice is to file a lawsuit in court. Residents, first, in the pre-trial settlement procedure, should try to resolve the dispute with the Criminal Code amicably, file complaints with higher authorities, and only after that, having retained previous complaints, transfer the proceedings to the district court.

As part of the statement of claim, it is necessary to list the violations, as well as indicate the requirements of a material nature. Such requirements may be the recovery of compensation for the damage caused to the tenants through the fault of the Criminal Code. A typical example: a fallen old tree smashed a car parked in the yard of a house. Another example: due to the lack of lighting in the entrance, the tenant fell and was seriously injured.

remember, that the outcome of the case may depend on the literacy of the statement of claim. If it is not properly executed or important data is omitted, the document can play against you. If you have no experience of going to court, it is better to entrust the preparation of a claim to an experienced lawyer.

Any homeowner should be able to know how to write an application to the housing and communal services (to the company managing an apartment building). This is due to the fact that in the process of living in such a house, many issues arise that require permission from the employees of such a company.

So, for example, sometimes it is required to write an application for processing from ants in the housing and communal services, current repair entrance, cleaning the garbage chute, etc. If you understand the intricacies of writing a particular application, your request will be considered much faster and the work on it will be completed on time and with high quality.

Important

The answer to the question of how to write an application to the housing and communal services can give a sample of such an application, which is in the management company.

Contacting housing and communal services over the phone

However, it would be wiser to master the skills of compiling certain documents in this area. So, today they distinguish the following types:

• statement;
• appeal;
• a complaint.

In addition, each document performs its function. So, for example, those who live in Kursk will need to write a statement about this to the housing and communal services of Kursk. If, however, rudeness has been committed against you by the employees of the management company or it does not fulfill its obligations, a complaint sent to the appropriate regulatory authority can help you in this situation.

Knowledge of housing legislation will help to draw up related documents

At the same time, sometimes it is not enough to know how to write an application to the housing and communal services, you also need to be able to understand housing legislation and draw up related documents. So, for example, if you are going to file a complaint or go to court with statement of claim on a particular issue, it is necessary not only to communicate by phone on this matter with the employees of the same housing department, but also to send a written appeal to him, fixing information about this issue.

Usually, in manuals containing information on how to write an application to the head of the housing and communal services, it is recommended to limit the volume of such a document to one or two pages. At the same time, each page of such a document must be signed, the signature is deciphered, and the date of the application is affixed. If the document is not signed and the date of compilation is not affixed to it, it will be considered invalid.

The main problems of housing and communal services

In addition, your application must be legible or typed. It should not contain threats or obscene language. Also, do not indicate in it information that is not related to the scope of your management company. If the listed shortcomings are found in your letter, the information contained in it will simply not be taken into consideration. These are the requirements of the Law “On the Procedure for Considering Citizens’ Appeals Russian Federation».

This is necessary in order to provide a copy in case of loss of the first copy. In addition, you may need a second copy to draw up other documents on the merits of your appeal.

Application or Complaint Form

The literature on office work usually does not contain information on how to write an application to the JKG and where to get a sample of such a document. In this regard, when writing it, it will be necessary to be guided by general rules drafting documents. So usually the right corner of the sheet is usually used to place the address and name of the management company on it. In addition, it also indicates the surname, name and patronymic of the head of this organization.

After you have indicated in your application the details of the management company and full name. its head, you will need to indicate your last name, first name and patronymic, as well as the address of residence. After that, a little lower in the center of the document, the name of the document is indicated: “Statement” or “Complaint”. At the same time, the literature describing how to correctly write an application to the head of the housing and communal services does not contain an indication of the obligatory nature of such a name, therefore, if you skip it, this will not lead to the fact that your application will not be considered.

The main place in it should be occupied by a statement of the essence of your appeal. So, in the beginning, you will simply have to briefly describe the essence of the existing problem, indicating dates and specific facts. Next in without fail you will need to indicate specific requirements addressed to your management company, for example, it may be a requirement to conduct an examination, repair plumbing or recalculate.

It will be best if you make references to laws or technical regulations. The fact is that knowledge of regulatory legal acts will be useful to you not only to resolve the issue of how to write an application for repairs in housing and communal services, but also to force the management company to fulfill it. Usually, references to certain laws are quite enough for public utilities to fulfill your requirements.

Sample complaint to housing and communal services

It is necessary to hand over the compiled document against the signature of the official who, according to the internal regulations established in the organization, is entrusted with maintaining documentation in it, while the receipt mark must be affixed to your copy of the appeal. In the event that the employees of the management company refuse to receive your application, you can send it by registered mail with an inventory and acknowledgment of receipt. The listed rules for compiling documents must be borne in mind when drawing up any appeals, in particular when deciding how to write an application for a subsidy in housing and communal services.

Where to complain about utilities?

The Law "On the Procedure for Considering Appeals from Citizens of the Russian Federation" establishes a 30-day deadline for consideration of applications and complaints in the housing sector. In the event that you know how to correctly write an application to the housing and communal services, and did it correctly and did not receive a response to your application, you can already file a complaint against the actions of your management company or the organization that refused to respond to your application.

Filing a complaint against public utilities to the state housing inspectorate

In this case, you can complain to:

1. State Housing Inspectorate.
2. Prosecutor's office.

The first instance where you should contact if the management company does not respond to your requests is the State Housing Inspectorate. The fact is that it is she who is entrusted with the supervision of compliance in the housing and communal services sector with the norms of federal and regional legislation in the field of operation of residential buildings, as well as communications connected to them. At the same time, if a fact of violation of the law is detected, the inspectorate can take action, for example, impose a fine on your housing department or homeowners association.

In addition, in the event that you suspect that your rights as a consumer have been violated, for example, in the field of maintenance and cleaning of entrances, you can contact the local branch of Rospotrebnadzor. In this case, you will need to point out the violation of your consumer rights, and questions technical operation buildings will be under the jurisdiction of the State Housing Inspectorate. Employees of Rospotrebnadzor also have fairly broad powers to bring negligent public utilities to justice.

Filing a complaint against public utilities to Rospotrebnadzor

If you know how to write an application to Rospotrebnadzor for housing and communal services or to the State Housing Inspectorate, but they don’t help you there, you can contact the prosecutor’s office at the place of residence. In this case, usually appeal to different instances contributes to a positive solution to the issue. In addition, prosecutors can not only take immediate action, but also give you advice on whether it is possible to defend your rights in court.

So, in court, you can seek compensation for the damage caused to you, for example, in the event of flooding of your apartment due to the fault of public utilities. In addition, in this case, you will be entitled to recover not only the full amount of such damage, but also moral damages, as well as court costs. As a result, the next time the public utilities will respond much faster to your requests.

The nuances of writing applications in the field of housing and communal services

Having decided in general on how to write a statement to the head of the housing and communal services, it will be necessary to study some of the nuances of this process. So, for example, you should be aware that the minimum waiting period for a response to it will be 10 days, it is during this period that the employees of the management company will have to register your application and decide whether they have the authority to respond to it. At the same time, keep in mind that in one document you can report only one violation or indicate only one subject of appeal.

It is also worth remembering that in recent years, all kinds of online formats for citizens' appeals on the topic of housing and communal services have begun to develop more and more actively. These can be sites of local governments, Goszhilinspektsii, Rospotrebnadzor. Such resources may contain information on how to write an application to the housing and communal services, as well as a special feedback form in which you can state the essence of your problem.

An electronic appeal has the same effect as a written one, but you do not need to visit the organization where you send your appeal. In addition, when working with online resources, you will never miss deadlines due to poor mail performance, as electronic applications reach the addressee on the day of sending. Along with the application, you can also send video and photo documents proving that you are right.

Many Russian consumers have already come to terms with the fact that not all utility services are carried out by authorized organizations in a quality and timely manner. At the same time, management organizations regularly send payment receipts to homeowners, the payment terms of which are very limited.

Despite the fact that most residents of apartment buildings, as a rule, do not believe in the effectiveness of complaints against the management company, applying to various authorities with written complaints can really help improve the quality of utility services provided.

Reasons for Complaining

In practice, the reasons for appealing against the actions (inaction) of employees of the management company can be completely diverse. But they are always based on a violation by the managing organization responsible for the provision of public services, of their contractual obligations or regulatory requirements.

So, tenants of an apartment building have the right to file a complaint when utility workers:

• refuse to provide the services prescribed in the contract;
• fulfill their obligations improperly;
• do not produce the required seasonal repair work;
• incorrectly calculate utility bills;
• illegally write off money from the account of an apartment building;
• do not comply with other conditions of public services prescribed in the contract.

If the listed problems arise, homeowners who have drawn up an agreement with the managing organization have the right to file complaints and demand the elimination of the violations. However, we note right away that in practice not all complaints from residents have a real legal basis.

Unsubstantiated claims mainly arise due to an incorrect legal assessment of the events that occurred by the applicant. Therefore, in order not to waste time in vain, lawyers strongly recommend that residents, before writing complaints to various authorities, carefully study the legal documentation, in particular, the contract with the Criminal Code, and make sure that the actions of its employees are illegal.

Where to file a complaint?

1. To the management of the management company itself

If the disputed situation with utilities does not require immediate intervention, it is better to start with a written statement to the head of the relevant managing organization.

A peaceful, civilized solution to the problem in many cases allows you to avoid further time costs and unpleasant proceedings. Practice shows that a written complaint stimulates utility workers much faster than repeated oral complaints. In addition, even a negative result of applying to the Criminal Code will have important legal significance.

Thus, an applicant who filed a written complaint and received a negative response (or who did not receive a written response within the period specified in the law) receives important documentary evidence. This will help him in the future to correctly substantiate his requirements in a complaint or even in a lawsuit and prove the failure of the Criminal Code to fulfill its obligations.

If, nevertheless, it was not possible to reach a compromise with the employees of the Criminal Code, it is advisable to seek help from authorized municipal and state institutions.

According to the requirements of the legislator, the managing organization that received a written claim, must respond to the appeal within ten days. If there was no response to the complaint from the management or the response document did not suit the applicant, you can contact the state bodies, be sure to attach your written complaint to the Criminal Code and the response received (if any).

2. To the local administration (city or district)

It is necessary to draw up a written complaint to the administration, which describes the claims against the managing organization and contains a specific request, for example, to oblige the management company to carry out the seasonal repairs provided for in the contract.

We note right away that in practice, appealing to the local administration often turns out to be ineffective, and the applicant receives only a standard reply in response to a complaint. Nevertheless, the effectiveness of the appeal still depends on the position of the local authorities, so it is still worth sending a complaint. It is better to do this at the same time as contacting other authorities, about which we will talk farther.

At the same time, there are issues to which municipal authorities, as a rule, respond quite quickly. Accordingly, with such problems, contacting the administration is advisable and necessary. These questions include:

• systematic failure to fulfill the obligation to remove solid waste and clean up garbage in the yard;
• non-fulfillment by the management company of obligations to clean sidewalks and roads from snow, to clean roofs from icicles;
• absence in apartment building heating, water supply or electricity;
• non-provision by employees of the Criminal Code necessary information tenants, which they are required to provide by law.

3. To the State Housing Inspectorate

The housing inspectorate controls the activities of public utilities, therefore, filing a complaint with the State Housing Inspectorate, as a rule, gives fast results. Managing organizations promptly respond to the requirements of the inspection, since violations can result in an on-site inspection and impressive penalties for them.

The housing inspectorate deals with all problems related to the quality, as well as the legality of the choice of the Criminal Code in an apartment building. Therefore, with these questions, it is advisable to immediately go to the GZhI. But in financial problems with the Criminal Code or in matters of the passport office, the employees of the GZhI are unlikely to help.

4. To the prosecutor's office

The competence of the prosecutors includes all issues related to the inspection of the activities of public utilities, and the prosecutor's office can respond to any complaint from residents. But practice shows that appeals that do not require prosecutors to conduct an on-site inspection, for example, in order to control how employees of the managing organization knock down icicles, often give positive results.

But complaints about the financial problems of residents and the management company, the work of passport officers, etc. often give positive results. Therefore, be sure to write a complaint to the district prosecutor if you think that:

• The Criminal Code carries out illegal charges of tariffs;
• you or your relatives were unlawfully denied registration, issuance of a certificate or extracts from the house book;
• the management company illegally wrote off cash from house account.

The prosecutor's office should also be contacted when written appeals to the State Housing Inspectorate and the local administration have not yielded results.

5. To court

Residents of an apartment building have the right to file a lawsuit against the Criminal Code both immediately, in the event of a dispute, and after an ineffective appeal to other authorities. If the plaintiff can gather sufficient evidence of a violation by the management company of the law or contractual obligations, the court will oblige the utilities to correct the situation and comply with the legal requirements of the residents.

Where not to complain?

To avoid inefficient time losses, you should not complain about the work of utilities to the following organizations:

1. To the police. Utilities breaches are generally rarely a criminal offence, so in the vast majority of cases the police will refuse to file a criminal case against the complainant and recommend that the dispute with the utility be resolved in civil law.
2. To higher authorities, bypassing the authorized lower units. So, it is inappropriate to write an appeal to the regional prosecutor's office if you did not send a complaint to the district prosecutor's office. This complaint will still be redirected to the authorized prosecutors in the area, and you will only lose time. You should contact a higher authority only when the lower authorities did not help resolve the issue, and you have a written refusal to the request indicated in the complaint.
3. Deputies, the president, etc. They will redirect the complaint to the competent authority in the same way.

How to make a complaint to the CC?

The complaint, to whichever authority it is sent, should be drawn up in accordance with the following requirements:

• The complaint must be in writing.
• The appeal must be made in at least 2 copies. One copy of the complaint is transferred to the Housing Inspectorate (or other institution), and on the other (the applicant's copy) a note is made on the date of registration of the complaint.
• If the complaint is sent by mail, it is necessary to draw up ordered letter with notice so that the applicant receives a receipt of acceptance by the recipient organization of the written application.

The complaint is written in any form, but the text should contain:

1. Full name of the recipient institution to which the appeal is addressed.
2. Personal data of the applicant submitting the complaint, his address, telephone number.
3. The essence of the complaint and specific requirements (for example, to oblige the Criminal Code to perform some action).
4. Indication of the fact that employees and management of the managing organization ignored the requirements of the applicant.
5. Date and signature of the applicant.

Claims must be stated clearly, clearly and informatively. It is desirable that the volume of a written appeal does not exceed 2 sheets. This is usually enough to describe the situation and state the request.