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How to file a complaint against the management company? And how to serve it correctly. Violations by management companies raise questions for many homeowners.
In our review, we will propose an algorithm for dealing with complaints against managers, we will analyze where to complain about the management company and we will analyze how to bring their consideration to the desired result.
If you need to file a complaint or a claim against the management company, you need to know that, like any other complaint, it is drawn up in a general form. This means that, as in any document, the complaint must have a "header", that is, the upper part of the document, where the addressee is indicated - 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 indicated for the opportunity to send a response and inform you about the result of resolving your question.
Below, in the center of the sheet, we must write the name of the document: "Claim". Under the title, we briefly outline the essence of your complaint - this is the main part of the document.
In the main part, we describe the violations identified by the Criminal Code, as well as in what part of the contract the management company does not fulfill its obligations under the contract.
Let's say our problem with the management company is caused by the fact that the management company violates the schedule for garbage collection or does not take it out at all.
Accordingly, the complaint against the management company should reflect full information about the period of time or from what date the garbage is not removed from the containers, which are 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 taking out the garbage is a violation of the contract concluded with the Criminal Code and write a request to eliminate this violation within the period specified by you. After filling out the main part of the complaint, it is necessary to record the date of the deposition of the complaint and put a personal signature with a transcript.
In order to have on hand confirmation of the fact of acceptance of the complaint by the organization to which the complaint is sent, you must draw up a document in two copies. In this case, on the second copy, the person who received the complaint from you must put the date of admission and sign. This copy remains with you in confirmation of the fact of admission, and in addition, from the date of receipt of the claim, 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 authority, 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 a complaint is sent by you to a management company, the period for consideration of such a complaint is regulated by the law on the protection of consumer rights, 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, a statement is written in the form and in accordance with the information set out in the information. From the moment of filing the application, within 5 days, according to Article 133 of the Civil Procedure Code of the Russian Federation, the issue of accepting your appeal for production must be resolved.
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 controlling organizations, it is necessary to make efforts to resolve the issue peacefully.
That is, you need to start by filing a claim directly to the management company itself, to the head office.
Your further actions will depend on the course of your complaint, there are exactly two options.
However, whatever the outcome of your complaint, you must receive a formal 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 when the complaint is satisfied, the conflict can be considered settled.
Consider your next steps in case of dissatisfaction with the complaint:
The application is written in accordance with the form suggested below.
You can also ask for a sample at the local prosecutor's office.
Please note that if your complaints to the organization listed above were related specifically to the facts of violations by the Criminal Code of the terms of the contract, most likely your question will be resolved positively, order will be restored, and those guilty of 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 an injured party will be to appeal to the courts.
An example is damage to your vehicle by a branch of a sawn tree, that is, from direct actions of employees of the management company. filed in the prescribed form with the necessary documents attached.
The article of the Civil Procedure Code (Code of Civil Procedure of the Russian Federation) determines the question to which court you should take your application. Thus, a statement of claim against an organization must be filed with a court at the location of the organization. This issue may also be covered in the text of your agreement with the Criminal Code, if so, then the documents are submitted to the judicial authorities prescribed in the agreement. In the question of where to complain about the management company, you must consider objectively all the points of your problem and act judiciously and consistently.
The management of apartment buildings is a rather complicated process that requires knowledge of the mass of regulations. An organization with which a contract for the maintenance of an apartment building has been concluded may not be able to cope with responsibilities due to the incompetence of employees, lack of funds. Or engage in elementary fraud. In this article, we will answer the question of where to complain about the management company. We also offer a sample complaint that you need to rewrite according to your problem.
Residents of apartment buildings should understand that legislation in the field has not yet been developed at a level sufficient for self-elimination from the process. Without attention and complaints to the management company, you can get an inadequate service and bring you to real problems with money and health. Therefore, it is better not to delay and apply immediately - according to our instructions.
The basic requirements that apply to the actions of the management company can be found in the eighth section of the Housing Code of the Russian Federation. Since most of the complaints are about non-fulfillment of obligations paid for by the line in the payment "housing maintenance", it is worth carefully studying the Resolution of the Government of the Russian Federation No. 290, which lists the minimum list of all actions of the management company aimed at ensuring the proper level of maintenance of an apartment building.
The most popular types of complaints are:
Inadequate level of performance of housing and communal services | In Resolution No. 290, it is possible to clarify in what volumes and with what frequency the management company must perform certain works. Moreover, it should be borne in mind that, in general, the lists do not indicate the exact term, but simply the phrase - "upon detection", therefore, in the complaint it will be enough to refer to this or that section of the resolution |
Lack or poor preparation for the heating season | In various municipalities, the authorities themselves set the date from which heating should appear in apartment buildings. You will have to study the local regulations published on the website of the government or administration of your region. Also in the news you can find out when the management company should prepare all the equipment for the heating season. |
Lack of a report from the management company or insufficient information content of this report | The agreement concluded with the management organization for the management of your house must specify the frequency of the report of the Criminal Code on the activities for the maintenance of housing. More information about this can be found in Article 162 of the LC RF |
Absence of a multi-apartment building meeting or violation when holding a meeting with the help of the Criminal Code | Ten percent of the owners of a residential building can apply to the management company with a requirement to hold a general meeting of owners of apartments in this building and put certain issues to a vote. If the management company ignores this prepositional or holds a meeting without minutes or with other procedural violations, this may become a reason for a complaint. More information about the general meeting process can be found in article No. 44 of the RF LC |
The management company is in charge of your house - accordingly, the first instance in answering the question of where to complain about the management company is the head of this organization. Since such complaints relate to civil proceedings, with the exception of criminal and administrative claims, you will first have to prepare a claim to the director of the Criminal Code.
Many residents of apartment buildings, especially old five-story and nine-story buildings, believe that it is useless to contact management companies. With some exceptions, this is indeed the correct position, but often the head of the organization is interested in resolving the claims of residents, otherwise he may lose his license to work.
It should also be borne in mind that from January 1, amendments to the Federal Law No. 227 came into force in the consumer market, which helps businesses to protect their interests. Since the management company now has the status of the same business, the norms also apply to the process of communication with organizations in this area.
The essence of the innovation:
Accordingly, we are preparing a complaint to the director of the Criminal Code. It needs to take into account:
The law does not impose special requirements for filing a complaint, but there are certain requirements that will allow you to achieve a result without wasting time rewriting the appeal.
You need to know that the very form of the complaint is absolutely arbitrary. It doesn't matter how you write your complaint - by hand or printed out. The main thing:
In general, a complaint to the director of the Criminal Code can be described by a simple algorithm: “We have an agreement and the requirements of the law, In the house is not carried out such and such. This violates the law and our rights. This violates your contractual obligations. Correct the situation. "
Important: in a civil process, a person or organization that violated the terms of the contract is obliged to bear responsibility if they do not prove their innocence. This is the so-called presumption of guilt, regulated by the ruling of the Constitutional Court of the Russian Federation dated 19.02.2003 No. 79-O.
It should be borne in mind that the management company can give an answer, but in fact the problem will not be solved. In such a situation, we need to figure out where to complain about the inaction of the management company. The law provides for several organizations that work to protect the rights of citizens in this market.
Where can you complain about the management company if the director refuses to fulfill his duties for the maintenance and repair of housing, refuses to respond to claims and commits other violations of your rights? There are several options:
Let's consider separately the subtleties of complaints to this or that instance. It should be added that the content of the complaint practically does not differ from the complaint to the management company. Moreover, it is worth attaching copies of claims sent to the director of the Criminal Code to an appeal to any of the authorities.
The State Housing Inspectorate conducts supervision actions at once for several rules and laws according to which the management company operates.
Also, the State Housing Inspectorate is responsible for monitoring the legality of convening general meetings-meetings of residents. In the event that violations of the process of choosing a management company occur, the housing inspection also monitors and acts. This supervisory authority has the right to apply measures against the management company, ranging from warnings and instructions to fines and going into the process of depriving the management organization of its license to operate any apartment buildings. Also, by decision, after checking the housing inspection, the director of the organization may be disqualified. The department has the authority to bring to other administrative responsibility.
When preparing a complaint to the State Housing Inspection, you need to insert the full name of the official to whom the appeal is being written into the “header” of the statement. If this is not known, you can simply write to the head of the territorial administration. You can find out the address of the inspection in your region on the official website of the department.
Other features of writing a complaint against the management company to the housing inspectorate:
Do not forget to attach all possible evidence of the problem to the complaint.- starting from copies of your requests and responses of the Criminal Code and ending with printouts of photos confirming the problem.
Why complain about the tariffs of the management company if they are too high, are not substantiated in any way and are not regulated legally? You need to go to the department of Rospotrebnadzor in your region. You can find out the exact physical address, the site of the territorial division and other contacts on a special page of the agency's portal.
In addition to tariffs, Rospotrebnadzor can help in a number of situations and problems:
It must be remembered that Rospotrebnadzor will be able to conduct an unscheduled audit only after your statement, supported by information that a negative decision has been made on your claim against the director of the Criminal Code, or a response has not been received at all. Where should one complain about the management company if its director provides information about the work done, but this actually does not correspond to reality? Also in the department of Rospotrebnadzor.
Important: the order of the Federal Law No. 277 on the rules for handling first a claim to the Criminal Code, and then to a government department, can be ignored in a situation with possible harm to health. For example, if the roof of the house began to collapse.
What data does Rospotrebnadzor need:
If you write an application to Rospotrebnadzor and ask for an unscheduled check on the overstatement of tariffs, do not forget to write a calculation demanding to return the overpaid funds to you. So we write: “In September and October, two payments came with an amount of 900 rubles for each month. The amount according to our tariffs is 500 rubles. Therefore, I overpaid for two months - 400 + 400 = 800 rubles. I ask you to force the management company to return the money. "
This reveals a wider degree of application of the powers of the Rospotrebnadzor department in comparison with the State Housing Inspectorate - contact the consumer market supervision, you can try to get the money back. Also, at the end of the complaint, indicate that the Criminal Code is obliged to indicate to you the service in good faith in accordance with Art. 4 of the Federal Law "On Protection of Consumer Rights". The term for consideration of a complaint in consumer supervision is a maximum of 30 days, but usually the result comes earlier.
It should be borne in mind that Rospotrebnadzor may refuse to check your complaint if it does not contain:
You should contact the prosecutor's office if you have already passed the stage of correspondence with the management company, sent applications to the State Housing Inspection and Rospotrebnadzor, but did not receive an answer anywhere.
The prosecutor's office should be contacted if the management company has already committed a violation, a decision has been made on it by one of the regulatory authorities, a fine or representation was issued, but everything was ignored. Also, the prosecutor's office should be contacted in case of gross violations of the Criminal Code. The concept of "rough" is not regulated by regulations - rather, we are talking about a clear large overstatement of tariffs, for example, immediately by 100%. Or the open disregard of duties by the director of the Criminal Code for a long time.
You should contact the prosecutor's office of the area in which your home is located. If the complaint was ignored - then to the regional prosecutor's office. If you immediately go to a high level, then the application can be redirected to the district, and the consideration period will be delayed.
The prosecutor's office has 30 days to respond. An appeal to the prosecutor's office is written in a free form, without specifying any laws - it is up to the employees of the supervisory department to establish all this.
Litigation with the Criminal Code is worth starting if there is real evidence of damage - in other words, in the case of civil legal relations. Different penalties are calculated in each case in different ways. Some situations in which one should:
Lawyer of the collegium of legal protection. He specializes in administrative and civil cases, compensation for damage by insurance companies, consumer protection, as well as cases related to the illegal demolition of shells and garages.
A collective complaint to a management company has a different sample in comparison with a single one. It is intended to stop offenses by the housing department and restore the legitimate interests of individuals. With the help of a collective letter, residents can solve problems: pollution of the territory adjacent to the house, housing accidents, roof leaks, riser blockage of the sewage system, lack of major repairs, hot water supply, electricity. For this, it is important for stakeholders to know how they are legally correct. A sample of the collective application of tenants to the management company will help to understand the subtleties and rules.
Each of the tenants, in case of unfair work of the Criminal Code, has the right to file a statement of claim in court, but it is still better to start by writing a statement of claim addressed to the head of the organization responsible for the maintenance of apartment buildings.
The statement indicates all existing claims and lists the requirements. There is no clear template for a complaint statement, the situation is described in a free form. The complaint is filed with the Criminal Code in person or sent by mail.
After the management company receives a statement of claims, events may develop as follows:
The complaint consists of three parts: introductory, main and conclusion. The first part contains information about the company to which the claim is addressed, and information about the applicant.
All claims and requirements are described in detail in the main part of the document. If the applicant has evidence that can confirm the fact of the complaint, they must be attached to the application. For example, photographs of a leaking roof, garbage that has not been removed, or a fallen tree that has blocked the passage will do. If tenants file a complaint about poor heating, you can attach photographic indicators of the temperature in the apartment.
The final part of the appeal consists of the date of writing and signature of the applicant.
When submitting an application, it is important to observe some subtleties:
Along with other types of complaints, the collective appeal to the management company has a slightly different sample and differs in a number of reasons:
The main part of the collective complaint describes the claims of not one tenant, but all interested parties. At the end of the document, everyone who took part in drawing up the application leaves their signature.
The main advantage of the document lies in the direct impact on the work of the managing organization:
A collective letter to the management company allows a comprehensive assessment of all the existing problems, because the application sets out the claims of all interested parties. One person cannot objectively assess the situation. For example, residents of the upper floors will suffer from a roof leak, while the owners of apartments on the first floors may face the problem of a riser blockage in the sewage system or the penetration of an unpleasant odor when pipes break through in a non-residential basement.
Speaking about the disadvantages of a collective complaint, it is certainly worth noting that it will require the consent of at least half of the residents to write it. Despite the massive dissatisfaction of the tenants, not many owners are ready to get involved with paperwork.
If the appeal is written incorrectly, the management company has the right to refuse to fulfill the requirements. Since a sample of the correct filling was not used when drawing up a collective claim to the management company, it may be canceled.
Failure to comply with at least one of the clauses of the agreement concluded between the apartment owners and the organization that is responsible for the maintenance of the apartment building is considered a valid reason for writing a complaint.
As a rule, management companies receive letters with complaints about:
Before writing a complaint, tenants should carefully review all the clauses of the contract and only after that draw up a letter with claims.
Claims must be made in writing. The text can be written on a sheet of A4 paper either by hand or typed on a computer.
Since the law does not impose mandatory requirements for the writing of such documents, an application is drawn up in an arbitrary form.
The main thing is to adhere to the principles:
An example of the main part of a complaint related to poor quality heating is as follows:
“We, the owners of housing in an apartment building located at the address (city, street, house number), kindly ask you to consider our complaint. Due to the sharp drop in temperature, the start of the heating season in 2017 should have started earlier, namely on October 5. We bring to your attention that from that moment to the present time, heating has not been supplied to our house, and the apartments are incredibly cold.
We ask you to respond to our appeal and take appropriate measures. "
From a legal point of view, a collective appeal is much more effective than a single one. Organizations are responding to them faster for fear of litigation. When filing a collective complaint, it is important to involve as many people as possible.
A complaint filed by residents must be sent to the Criminal Code.
This can be done in one of the following ways:
Telephone filing is not always effective. Very often, requests from residents simply do not reach the management.
So that the residents' appeal is not ignored, it is recommended that the person in charge personally contact the management company and be sure to register the application with the secretary.
Before submitting an application with claims that the organization refuses to work in good faith, you need to prepare additional documents or materials confirming the requirements of residents. In case of inaction of the Criminal Code, they will be useful for contacting higher authorities.
Such documents can be:
To achieve results, any documents can be used to confirm the requirements of residents.
When writing a complaint regarding the activities of the management company, residents want to reach out to the leaders of the organization. Therefore, you need to start by filing an application with the aforementioned authority.
If, for any reason, there is no opportunity to contact the employees of the management company, you can transfer the application and additional materials in the organization:
As a rule, one person is engaged in paperwork, who independently expressed such a desire or was chosen by the tenants.
The law establishes certain deadlines allotted for the consideration of the application.
These terms depend on the instance to which the tenants applied:
In some situations, it is allowed to increase or decrease the specified terms.
Complaints are made in several copies, regardless of which instance they will be sent to. If the higher authorities violate the terms of consideration of applications from citizens, thanks to the second copy, the applicant will be able to prove the fact of acceptance by the instance of the application without any problems.
Not always appeals to the Criminal Code give the desired results. Inaction of employees and failure to provide a response within the time frame established by law is a reason for filing complaints with higher authorities.
If the application is denied, the tenants have the right to demand a written response from the employees of the management company, which will list all the reasons for the refusal. The reasons for refusal should be supported by references to legislative acts. Residents, having in their hands the decision of the Criminal Code, can appeal it to higher authorities.
If none of the above instances helped in solving the problem, the tenants have only one way out - to hold a meeting of apartment building owners and choose another management company.
Unfortunately, many management companies do their job in bad faith, so residents are interested in the question of how a collective claim is properly drawn up. There are many samples of the main part of the document on the Internet, having looked at several options, you can correctly formulate and write down your requirements. To solve the problem, apartment owners should be aware of the grounds for filing a complaint and the basic rules for compiling it. Maybe among the tenants of the house there is a lawyer who will advise free of charge on all the nuances of writing and filing collective complaints.
The managing organization is responsible for the maintenance of the apartment building. And often tenants need to write an application to the management company to provide a particular service or complaint.
A complaint
Any tenant who is dissatisfied with the activities of the management company has the right to file a lawsuit in court, but all issues can be resolved peacefully, for this it is necessary to write a complaint statement to the company itself.
In the application, you need to write in any form all the claims that are available to the management company and set out the requirements. Then send the paper to the official address of the company.
In the future, it is possible to expect one of two scenarios for the development of events:
A written complaint must have three parts: the heading of the statement, the main text and the conclusion. The header indicates to whom the complaint is addressed (company name, address and telephone number), as well as the applicant's information (full name, full address and telephone number).
In the main part, you describe in as much detail as possible all the existing claims to the company and state your requirements. If there is evidence supporting the complaint, then be sure to attach it. Photos and videos, such as a leaking roof or uncleaned foliage in the courtyard, can serve as evidence.
At the end of the entire text, you must leave the date of the application and the signature of the applicant.
Please note: when submitting a complaint application to the management company, there are a number of nuances:
A sample complaint to the management company can be downloaded.
Collective statement
There are times when the activities of the management company of an apartment building do not suit not one person, but several at once. Then you can resort to drawing up a collective statement.
A collective statement is drawn up in much the same way as an individual complaint, it differs only in that at the end, not one signature is required, but from all owners of apartments in the entrance or the whole house. The same applies to the header, in it you need to indicate the data of all applicants in turn.
The main part of the statement is drawn up in the same way with the statement of claims and requirements. After that, both copies are registered with the company secretary or sent by registered mail by mail.
Repair request
If at the entrance of the apartment building in which you live, there has been no repair for a long time or the roof is leaking, and the management company does not know about this, as a result of which no measures are taken, then you can always contact them with a statement.
The application is written with your own hand or printed on a computer on a white sheet of A4 format in two copies. When composing a letter, you do not have to worry about its correct format, since it is written in free form, but it must necessarily have three parts: a heading, main and final.
The header contains the data of the management company you are contacting, namely its name, address, phone number. In addition to contacting the company, you should indicate the applicant's information (full name, exact address and contact phone number), if the application is written from several dissatisfied tenants at once, then you must specify the data of all.
The main part of the application should contain a request to repair the roof, porch, gutter, stairwells, and so on. If you know the exact or approximate date of the last repair work, then be sure to indicate it. This is important, since according to the rules and regulations, specific periods of time are established through which repairs must be carried out. For example, the standards for the operation of the entrance are from three to five years, that is, repairs to the entrance must be carried out at least every fifth year.
Also describe in the request the degree of damage or wear, you can focus on certain places where repairs are urgently needed. At the end of the application, leave the date of drawing up the appeal and the signature, if the application is collective, then there should be exactly the same number of signatures as there are applicants in the header.
After you have compiled an appeal, send it to the address of the management company in the form of a certified letter or register it directly with the secretary of the organization.
The repair application form can be downloaded.
A sample of the completed repair request can be viewed.
Application for recalculation
Often, tenants may be absent from their homes for several months, as a result of which utilities were not used, and the bill came the same as usual. Then you can use your legal right and write an application for recalculation to the management company.
The application is written on a white sheet of A4 format in two copies. In the upper right corner, fill in the header, where you indicate your data (full name, exact address, contact phone number) and company data (name, address and phone number).
After that, in the middle of the sheet, a heading is written: "Application for recalculation of fees", after which the requirements are written in detail with the reasons. Attach copies of paid invoices for the period of which a recalculation is required to the application.
Finally, sign and indicate the date of the request.
It is important!
You can download the application for recalculation by.
Other statements and their samples
Not all cases are listed here in which an application to the management company is required. Perhaps you want to receive some information from the management company that is not given orally. Or you have a problem with heating your apartment. Or maybe you have mold in the room at all due to the fault of the company.
In these and other cases, applications are written in any form, the main thing is to observe its three parts: introduction, main test and conclusion.
A generic generic sample statement can be viewed.
Below is a list of sample statements for different cases:
Application for a management company
But what if you need to draw up an application not “to” the management company, but “to” it? Watch the video.