Where to complain of ZhEK (managing organization)?my previous article about how to have legal proceedings with doctors, caused many responses on the website. I thank readers for emotional comments, however I want to note that in work of the lawyer of emotion matter a little, they are rather important for the client, the lawyer has to perceive a situation from a technical aspect (how competently to make this or that document).
This most technical aspect is a weak link of the person who decided to appeal to court behind protection of the violated rights for this reason it is necessary to address the professional lawyer if there is such opportunity, otherwise you can waste the time.
Sometimes, owing to various reasons, there is no opportunity to address the lawyer, in this case it is necessary to have some basic knowledge.
So, very often there is a situation when you pay every month for public service of the house, for its repair, the prices raise constantly, and here result from the company which operates your house, is not present (the roof flows, doors in an entrance are broken, windows are broken, by phone the dispatcher does not react to your addresses).
Who and how has to contain your house in good repair?
For residents of an apartment house three main documents matter: The housing code of the Russian Federation, the Resolution of the State Committee for Construction of the Russian Federation from 27. 09. 2003 No. 170 “ About the approval of rules and norms of technical operation of the housing stock “ and the Resolution of the Government of the Russian Federation from 13. 08. 2006 No. 491 “ About the approval of rules of maintenance of the general property in an apartment house “.
All these documents are on the Internet in open access, it is the best of all to keep them at home in the unpacked look if you initiate dispute with managing organization.
In the Housing code it is specified (article 162) that the managing organization which on the instructions of other party (owners of rooms) during an agreed time frame for a payment undertakes to render services in an apartment house is responsible for the maintenance of the house and to perform works on proper maintenance and repair of the general property in such house, to provide utilities to owners of rooms in such house and to the persons using rooms in this house.
At the choice of managing organization general meeting of owners of rooms in an apartment house with each owner of the room in such house signs the contract of management (which, by the way, residents can always terminate if something happens).
Now we will turn to a question of by what criteria the managing organization has to work.
In detail it is impossible to write about it in such short article, each dissatisfied resident has the concrete case, but assure you that you will independently find it in documents which I stated above.
I pay your attention to the Resolution of the State Committee for Construction of the Russian Federation from 27. 09. You will seldom meet 2003 No. 170, such optimistical documents presently (if all its requirements were executed, then St. Petersburg would remind the Solar city from Nikolay Nosov`s works).
Here only some quotes from this Resolution:
“ Point 2. 6. 3. Terms of the beginning and the end of preparation for winter of each house, boiler room, thermal point and thermal (elevator) knot are approved by local government (according to the offer of the organization serving the specified housing stock) taking into account completion of all works in northern and east areas - till September 1, in central - by September 15, in southern - till October 1, including carrying out trial fire chambers of a central heating and " furnaces;.
“ Point 3. 2. 9. Frequency of repair of entrances has to be observed once in five or three years depending on classification of buildings and physical wear “.
“ Point 3. 6. 11. Watering of sidewalks (the house adjoining territory) in hot time of day has to be made as required, but at least two times a day “.
The resolution of the Government of the Russian Federation from 13. 08. 2006 No. 491 also rather in detail define the rights and obligations of managing organizations.
Now we will turn to a question which is taken out in heading of our article: where to complain of managing organization?
1. Send a written claim addressed to the head of managing organization.
2. If item 1 does not help, write to the State housing inspectorate of your city, with the requirement about carrying out check and involvement of your managing organization to administrative responsibility for violation of rules of contents and repair of houses.
I will remind that according to article 7. 22. The code of the Russian Federation about administrative offenses:
“ Violation by the persons responsible for the maintenance of houses and (or) premises, rules of content and repair of houses and (or) premises or an order and rules of recognition their unsuitable for full-time residence and their translation in uninhabited, and is equal a reorganization and (or) re-planning of houses and (or) premises without consent of the employer (owner) if the reorganization and (or) re-planning significantly change conditions of use of a house and (or) premises, attracts imposing of an administrative penalty on officials at the rate from four thousand to five thousand rubles; on legal entities - from forty thousand to fifty thousand rubles “.
3. If item 2 did not help, seize the opportunity which is given you by point 8. 2 articles 162 of the Housing code of the Russian Federation, namely: collect general meeting of owners of rooms in your house and dissolve the contract with managing organization for the reason that it does not satisfy terms of the contract with owners of premises. Choose other company with stronger reputation in the market of utilities.