Is it possible to refuse the services of a management company? Yes, according to the country's housing legislation, property owners in this case have the right to make any decision. Many residents of houses with a large number of apartments now resort to the services of management companies. However, they can often be dissatisfied with the quality level of their performance. Increasingly, there are issues of recalculation for utility services, compensation for losses or the obligation to carry out the proper maintenance of housing, the collection of debts on utility bills, and other claims of the manager. Our housing and communal services lawyer will help you protect your rights.

The procedure for changing the management company in an apartment building

Before you leave the management company, you need to decide on the subsequent method for implementing this process. In the case when the tenants fail to reach a common decision, the municipality holds a tender among other management companies, as a result, the management company in the apartment building is changed.

IMPORTANT: watch a video on the topic of recalculating utility bills, disputes with management companies: advice from a lawyer on housing issues

Procedure for changing the management company:

1. It all starts with the fact that the majority of property owners are wondering how to change the management company in an apartment building and face certain difficulties.
2. Announcement of change of management company compiled, printed and placed in the public domain at each entrance of the house.
3. If you have decided to change from the management company, you need to take a number of necessary actions. So, first you need to realize that often an attempt to change the Criminal Code is a dispute with management companies that have at their disposal a staff of sufficiently qualified lawyers.
4. So the first action is meeting to change the management company. The first step is to notify all owners of the premises of an apartment building about the meeting. The notification must indicate the date, time and place of the meeting, its agenda and form. Changing the way an apartment building is managed is possible by holding a meeting, for which it is advisable to first talk with neighbors. Perhaps they are also not entirely satisfied with the quality of work of the management company and the amount of utility payments. Any owner of the house has the right to initiate the procedure as a meeting, and in court.
5. After an eligible meeting has been held at which the residents of the building have voted to transfer to another management company, you need to draw up minutes of the meeting. This protocol with the necessary documents (for example, if the meeting was held in absentia, you can attach copies of the ballots of those who voted).
6. After the meeting, it will not be superfluous to convey to the owners of the premises the decision to change the management company. This can be done simply by placing an announcement about the change of the management company on specially designed public places - information boards (stands).
7. Next, after the former MC is notified of the refusal of their services, and the new one is notified that the house is coming under its control, the next stage begins. The former management company must follow a certain procedure for the transfer of documents when changing the management company. After transfer of all documentation the procedure for transferring from one management company to another ends.

The main advantage of direct management is that you do not need to pay for the work of the management company or representatives of the HOA. However, the residents of the house do not always manage to come to a consensus on the maintenance of common house property.

The Housing Code of the Russian Federation and the legislation provide for several options for managing a house:

What are the types of home management?

1. UK - a management company, which can be in the form of a limited liability company (for more details, follow the link);
2. HOA, which was replaced by a partnership of property owners (TSN).
3. Housing cooperative or housing cooperative;
4. Residents can also manage their own property.

Many now want to know how to abandon the management company and create an HOA. After all, this form of management is becoming increasingly popular due to all the advantages. First of all, the main work on resolving all issues falls on the chairman, who receives a salary for this. In any case, as practice shows, this amount is less than a week when using the services of the Criminal Code.

Why is it beneficial to contact us?

Sometimes, in order to understand in more detail how to refuse the services of a management company, it is recommended to contact our experienced specialists who will tell you what needs to be done. Now we offer such services at a favorable price. In the direction of housing disputes, we managed to prove ourselves from the best side. A long time in this field of activity and an impeccable reputation give you confidence in the right choice. The result of cooperation will meet all your expectations. Be sure to use the information we provide.

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In the event that a management agreement with a management company is concluded based on the results of an open tender, then the owners can unilaterally refuse to execute this agreement after the expiration of each subsequent year from the date of its conclusion. However, the decision to unilaterally withdraw from the management agreement, as well as the decision to choose the method of managing the house, in this case, must be made by the owners before the expiration of the management agreement (part 8.1. Article 162 of the LC RF).

Rejection of the management company chosen by the owners

That is, for example, the owners decided to unilaterally refuse the contract with the management company, since they decided to create an HOA, to which the management of the house will be transferred, or a decision was made on direct management. In this case, in order to refuse the services of the management company, there is no need to look for shortcomings in the services provided by it, it is enough to make a decision to cancel the contract and choose a different way to manage the house.

See also publications:

• Cancellation of the contract with the management company. Litigation practice
• Change of the management company - cancellation of the management contract. Arbitrage practice

Often situations arise when the owners of one of the apartments are dissatisfied with the conditions of membership in a homeowners association (HOA), which they previously had to join, and now there is a desire to leave it. How to do this if the house is an apartment building? There is no ban on such a step in the current legislation. However, you will have to adhere to some rules and be aware of the possible consequences. This will be discussed below.

Each member of the partnership can count on certain rights, but at the same time must fulfill certain obligations. In case of withdrawal from it, such legal relations are abolished. How to terminate your membership? There are several options for this procedure.

Compliance

You can leave the HOA with the whole house, which is the easiest and fastest. Or one apartment. Then the procedure will have its own specifics. In any case, the first thing to do is to contact the board of the partnership with an appropriate application.

Since leaving one apartment occurs most often, let's dwell on this option in more detail. The procedure must be spelled out in the Charter of the partnership. In addition, the document lists the grounds for terminating one's membership. They, as a rule, correspond to those allocated in the legislation.

So, you can express your disagreement with how the collected money is distributed in the partnership (it is desirable to give specific examples), or distrust of the members of the board. Intention to use the services of another management company that offered more favorable terms of service. The decision to change the form of organization of the work of the partnership. A complete loss of confidence of apartment owners ... Of course, no one forbids you to indicate your reason that prompted the decision to change the management organization.

Another condition for terminating membership in the HOA is the fulfillment by the owner of the apartment of certain conditions (they are also prescribed in the Charter). We are talking about the complete absence of debts for a communal apartment (current payments will also have to be paid off), and a written appeal addressed to the chairman of the board. Without this, things will not get off the ground.

It turns out that there are no restrictions on leaving the partnership. The main thing is to pay off debts, if any. The same applies to the situation when the entire apartment terminates membership, and one of the owners of a share in it owes something. The procedure will not begin until the payment is made in full.

What documents are required?

When leaving the HOA, all cooperation with the partnership, of course, ceases. At the same time, some possibilities remain. This is due to the fact that the dwelling should still be part of some kind of association, in order to make it easier to solve constantly arising housing issues.

Termination of your membership does not prohibit you from joining the partnership again. In this case, it will not matter whether voluntarily or forcibly had to take such a step.

The current housing legislation and the Statutes developed on its basis provide for various ways to exit partnerships. Any of them are allowed to use at your discretion.

So, you can personally apply to the board with the appropriate statement. The main thing in this situation is not a personal visit to the office, but a personally written appeal. It is not forbidden to send it by mail. But only by registered mail with acknowledgment of receipt to the addressee. After considering the application, the members of the board will make a decision to exclude the owner or the entire apartment from the association.

Another option is to make a deal with the apartment. For example, its sale or donation. Then, when registering ownership of housing by a new owner, the previous one automatically loses all rights.

It is possible that the partnership may cease to exist. As soon as the process of liquidation begins, immediately the participants cease to be members.

In the first two of the above methods, the desire of the owner of the apartment is required, and in the third case, leaving the association will be forced.

The question often arises: how many times is it allowed to enter and leave the partnership. This is free will and is not limited in any way.

In addition to an application for withdrawal from the HOA, the board will require the technical documentation of the apartment; documents for the right to own it; certificates from communal organizations on the absence of debts for mandatory payments, from the accounting department - on the payment of contributions.

What is the procedure for termination of membership in the HOA?

It will not take much time, provided that all the necessary documents are collected and a good reason for such a decision is indicated. In fact, the board has no right to refuse the owner.

Specialists in the field of housing law recommend that when leaving the partnership of one of the apartments, adhere to such an algorithm of actions. After writing the relevant statement, take a step towards reconciliation of the parties. The thing is that usually the reason for leaving is dissatisfaction with something of the owner of the apartment. It is possible that the board will consider the owner's arguments justified, take measures to eliminate the reasons that contributed to his decision, then the procedure will not make any sense.

If a compromise has been reached, an order is issued to withdraw from the HOA. After that, all relationships are considered terminated. You do not need to pay for the procedure.

Further, the apartment owner will have to visit resource-giving organizations in order to conclude contracts with them directly without the mediation of the partnership, and in the future to receive payments for the services provided. But it is advisable to pay off all existing debts even before writing an application, to which to attach certificates that there are none.

Often tenants ask, what privileges do you lose when you leave the partnership, are there additional responsibilities? As practice shows, after the deprivation of membership, you will have to independently establish contacts with utility organizations, directly receive receipts for payment from them, and also clean up the common area. That's all.

There are several options for managing an apartment building in Russia. Residents have the right to independently determine the appropriate method. But the chosen option must be legally approved correctly. How to create an HOA in 2020?

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If the residents of an apartment building decide to form a homeowners association, the process should begin by studying the procedure for creating such an association.

This method of management assumes that the tenants independently maintain their property. But at the same time, the activity of the partnership requires registration and proper legal registration. How to create an HOA in Russia in 2020?

Basic moments

The housing legislation of the Russian Federation defines three options for managing an apartment building:

Premises management	This option is allowed in the MKD with the number of apartments not more than thirty. An elected representative may act on behalf of the owners. His powers are confirmed
Managing organization management	For this, the tenants choose a commercial organization with the appropriate one. Maintenance of MKD is carried out on the basis of an agreement concluded with the Criminal Code
Homeowners association management	The owners of the premises in the house create an association, which is registered as a non-profit organization. Activities are carried out in accordance with the provisions of the Charter approved by the general meeting of residents

The owners of MKD, who want to manage their property as efficiently as possible, prefer the creation of an HOA.

Required terms

A homeowners association is a voluntary association of real estate owners. The objectives of the association are:

• maintenance of common property;
• providing provision;
• building maintenance;
• other purposes necessary for the management of common property.

That is, the partnership concludes agreements with resource-supplying organizations, hires staff to maintain the house, interacts with various authorities on behalf of the owners, takes care of the safety of common property.

For owners of premises, the creation of an HOA is beneficial due to the absence of intermediaries. Residents themselves decide what is profitable for them and what is not, and what tasks need to be solved. But management through the HOA is legal only if the activity is properly formalized.

What is needed for this

The decision to establish an association of homeowners is made by a majority vote of the owners of the premises in the house. The next step is the adoption of the partnership.

This document defines the procedure for managing common property, management bodies, duties and powers of the executive body.

After the general meeting approves the Articles of Association and elects persons for management, it is required to officially register the creation of the partnership.

The HOA is registered as a legal entity and is a non-profit organization. The general stages of creating an HOA are as follows:

1. Holding a meeting of owners.
2. Adoption of a decision on the formation of a partnership by a majority of votes.
3. Approval of the Charter and appointment of responsible persons.
4. Registration of HOA in government agencies.

In theory, creating an HOA looks quite simple. But each stage is accompanied by documentation and you need to know what documents are required, where to apply and what legal standards should be followed.

Current regulations

The creation and activities of the HOA regulates (with changes and additions).

The sixth section of the same name is devoted to the partnership of homeowners in the latest edition of the Housing Code of the Russian Federation.

So state registration is carried out in accordance with the legislative norms on the registration of legal entities.

Step-by-step instruction

How to create your own HOA in your home? The creation of an HOA should be carried out in strict accordance with the legislative procedure.

The sequence of actions is as follows:

1. Collection of information about the owners of premises. To do this, you can contact the BTI or Rosreestr.
2. Holding a meeting of owners and agreeing on a decision to create an HOA by voting.
3. Holding a meeting of members of the HOA.
4. Approval of the Charter and election of the board.
5. Registration of HOA in government agencies.
6. Opening an account for the HOA and sending notifications of the creation of a partnership to all interested parties.

After completion of all these stages, the HOA has the right to carry out activities in accordance with the provisions of the Charter.

It is possible, on behalf of the owners, to sign contracts with service providers and contractors, charge fees for residents, and perform other prescribed actions.

But one must take into account the fact that the creation of an HOA is possible only if more than half of all owners in the house vote “for”.

However, if after the decision to create a partnership is made, less than 50% of the owners join it, then the formation of an HOA is recognized as illegal.

In addition, you should know that if you managed the house before the creation of the HOA, you must abandon it.

Since interaction with the management company takes place on the basis of an agreement, the refusal of service is formalized.

How to refuse a management company

How to remove the management company? To do this, a general meeting of owners is held and an appropriate decision is made by a majority of votes.
The owners of the premises in the house have the right to decide for themselves who will manage their property. That is, it is possible

refuse the services of the Criminal Code not only due to improper performance of duties, but also due to a change in the form of management.

The next step is the manufacture of the HOA seal and the opening, for which payments from the owners will be received.

You must notify the tax authorities about the opening of a settlement account within three days. In addition, it is desirable to submit within a month after registration (you can submit immediately with the main package of documents).

Features during the procedure

From September 1, 2014, all HOAs are registered as TSN (real estate owners association). Active partnerships do not need to re-register. Despite the name change, the conditions and procedure for the activities of the HOA and TSN are the same.

Initially, it was supposed to be completely abandoned with the transition to TSN. The reason was that the houses are not only residential, but also non-residential.

Therefore, formally, the owners of non-residential premises could not be considered members of an association of homeowners.

In addition, when creating a partnership in gardening and horticultural associations, the premises do not meet residential standards.

As a result, the law established that TSN is a generic concept that includes homeowners associations and other types of partnerships.

An important point is also who can participate in choosing the way to manage the house. All owners have this right, including:

On behalf of legal entities, representatives act on the basis of a legal entity issued by the executive body.

In an apartment building

The decision on the choice of management method for MKD is made by a majority vote of homeowners. That is, in this case, each individual owner has one vote.

But when holding a meeting of members of the HOA, the procedure for counting votes may differ slightly. The law does not clearly establish how the vote should be determined and the members of the HOA themselves determine this.

The following options are considered acceptable:

• one member of the HOA - one vote;
• the number of votes of the owner is proportional to the share in the common house property in the house;
• the number of votes corresponds to the number of premises in the house (one apartment - one vote);
• other options determined by members of the HOA.

As for subsequent decisions of the HOA, they can also be made by a majority vote of the participants.

But it is more expedient to delegate the decision-making function to the elected board, since it is quite difficult to convene a meeting on each emerging issue.

In case of dissatisfaction of the owners with the work of the members of the board or the chairman, a general meeting is held with the choice of a new composition of the executive body.

Also, according to the general decision, you can change the way you manage the house if the HOA turned out to be ineffective.

For several houses

In one house, one HOA can be created, but at the same time, one partnership can unite several MKDs. However, this does not mean that any houses can be combined. What does it take to unite several houses into a partnership?

According to the current wording, it is possible to combine into one HOA several apartment buildings located on adjacent land plots.

In particular, the territories where MKDs are located have common borders according to the information contained in the state cadastre.

In addition, MFBs that are part of the same HOA may have utility networks or other infrastructure elements that are shared by the owners of these houses.

Otherwise, the process of creating an HOA in several houses is carried out in a similar way. A general meeting of owners is also held and a decision is made to establish a partnership.

If previously one of the houses was managed, then the owners of this MKD must independently terminate the contract with the Criminal Code.

In a cottage village

Owning individual houses, the owners can create an HOA, including the creation of a partnership is also possible in a cottage settlement.

Moreover, the composition of the partnership can include both country houses and residential buildings. The basis for the formation of a partnership is the existence of common boundaries of land plots and the provision of the village with a common engineering and technical infrastructure.

The main difficulty in creating an HOA in a cottage settlement is that the law does not contain a precise regulation of the procedure.

But, based on the fact that the sites must have common boundaries, it is necessary to legally confirm the existence of these.

In the absence of the necessary documents, it is required to carry out the establishment of boundaries. Among other things, it is important to determine how votes will be counted.

If we calculate by the number of shares in common property, it is not entirely clear what is considered common property.

It is clear that the management of common property in this case is not the goal. The main function of the partnership is to interact with resource-supplying organizations and ensure the receipt of the necessary services.

Another point concerns the participation in the HOA of dissenting citizens. In the MKD, the decision to manage through the HOA is mandatory for all tenants if it is accepted by the majority of the owners.

Video: how to create an HOA (TSN)

When creating a partnership in a cottage settlement, one cannot be forced to join an HOA. As a rule, owners who have not entered into a partnership pay utility bills to the HOA, which acts as an intermediary between the consumer and the supplier.

How beneficial is it

Creating an HOA has both pros and cons. Of the undoubted advantages, it should be noted:

The disadvantages of managing a homeowners association arise when dishonorable people get on the board.

In this situation, both fraud with the funds of the owners and improper performance of duties are possible. But at the same time, the board of the HOA is easier to control than the management company.

According to the legislative act, a non-profit association of owners of living spaces in the same building is considered to be such an association for the purpose of jointly carrying out financial and economic activities aimed at organizing the full functioning of the residential complex.

Is it possible to refuse the services of the HOA?

The procedure for refusal of HOA services

It will not be possible to independently refuse the services of the partnership, since, being a member of the association, a person is responsible for the common property. This can be done only by the general decision of the tenants. The owner can only initiate a refusal by submitting an application. The procedure for exiting the HOA determined by the charter act of the association.

Exit from the HOA will look like this:

1. If factors are found that do not suit the owner of the apartment, namely, too high payments for utilities or non-compliance with the terms of the agreement with the HOA, the owner has the right to turn to the leadership of the association with a claim.
2. In the event that the board has not taken any action to deal with the current situation, the owner of the apartment has the right to write an application for withdrawal from the HOA.
3. After that, a general meeting of apartment owners is convened and the owners decide on the person's withdrawal from the association by voting.
4. The decision made is confirmed by the relevant document.
5. Even after leaving the HOA, a person is obliged to pay utility bills, and with existing claims, go to court and the prosecutor's office.

Documents for refusal of HOA services

In order to refuse to participate in the affairs of the partnership, the owner will be required to present the following documents:

• applicant's passport;
• application in the prescribed form;
• agreement with the HOA;
• documentation confirming ownership.

After the decision to withdraw is made, an appropriate act is drawn up, which is signed by the applicant, the chairman of the HOA and the secretary.

Consequences of refusal of HOA services

The most popular questions and answers to them on the refusal of the HOA

Question: Dear experts, tell me, please, how can I deal with this situation. The fact is that our government HOA abuses his position and has repeatedly raised utility bills. I contacted written statement to the chairman, but for a month now I have not received any answer. Having turned to the secretary with a request to study the accounting reports and the procedure for calculating these payments, I also received a refusal. Tell me, what actions should I take, and can I issue a waiver of the HOA unilaterally? Faith.

Answer: Good afternoon, Vera. In your case, two scenarios are possible. The first is to turn to Chairman of the Audit Commission with a statement of their claims. If this body does not take any action, then you should contact the prosecutor's office regarding the violation of your rights as an owner of housing and a citizen. Representatives of the department will check, and if fraudulent schemes are found to steal other people's property, the HOA will be liquidated, and you will not have to leave it.

According to Art. 136 ZhK RF, you can write an application for deleting you from the members of the partnership, however, in this case, you will lose the opportunity to control the activities of the HOA board, but you will not be able to stop paying utility bills. After that, you still have to go to court and resolve all issues regarding claims already there.

An example of refusal of HOA services

Citizen P. was a member of the HOA during a year. After the specified time, an accident occurred in the house - the elevator broke off. P., repeatedly warned the board of the association about a possible accident, expressed his claims to the chairman and threatened with his withdrawal from the association and appeal to the police.

In turn, the chairman stated that P. could not do this, because allegedly, according to the law, such actions were impossible.

The citizen applied to the prosecutor's office for a audits of the activities of the board partnership, as a result of which the facts appeared theft of common property.

After that, the HOA was liquidated, and criminal cases were opened against the chairman and members of the board based on the facts revealed.

Conclusion

As a result, a number of conclusions can be drawn:

1. According to law, HOA is a non-profit association, which consists of their owners of residential premises of a residential complex and performs functions aimed at maintaining the building in good condition.
2. Only owners of real estate in this house and citizens who have reached the age of majority can become members of the partnership.
3. The organization is managed by a board headed by a chairman who is elected by majority vote.
4. A person may refuse to participate in the activities of the partnership and demand to withdraw from it, however, his application must be supported by a majority vote of the general meeting of residents.
5. The owner is entitled to application for withdrawal from the HOA in case of non-compliance by the board with the terms of the agreement, as well as in the presence of claims to the activities of the governing body of the partnership.