How to replace management company?
We live during reform zhilishchno - municipal services. And all reforms, as we know, are very painful for simple citizens. Now the organization urged to render services and to carry out works on the contents and repair of apartment houses is the management company.
And what to do to residents if it does not carry out the duties ordered it? Whether it is possible to replace the housing and communal services management company and how to make it? Let`s try to answer it a question on the example of Moscow.
Today in the capital about 450 organizations, administrators of apartment houses. From them: the city unitary enterprises (state unitary enterprises) - 120, private management companies - 300, the association of homeowners (AH) - 30.
State unitary enterprises are city organizations, and it is simpler to deal with them. During check of their activity by Moszhilinspektion for last quarter 18 heads were dismissed for bad work. More difficult the situation with the private organizations, i.e. management companies is. The director of Ltd company is elected by owners, and it is impossible to dismiss him the order. Therefore competently to replace the housing and communal services management company, special procedure in which residents of an apartment house participate is required.
Order of change of management company such:
1. If the management company employed by residents does not contain as appropriate entrances and the yards, badly monitors garbage removal and temperature of batteries in a cold season or begins to dictate living in the house the terms, then it is necessary to begin procedure of its replacement with carrying out general meeting of residents. For this purpose members of council of the house (and if it is absent, then just initiative group of residents) have to bypass all apartments of owners and hand to owners the notice of carrying out general meeting and its agenda. The justice of the area has to provide for this purpose the room or the platform. Several hundreds can be a time of residents and collect necessary quorum (and it is 50% of owners of apartments) happen not simply.
That claims to management company were not unfounded, previously it is necessary to request from it the contract and acts of performance of work on service of the house and carefully to study them.
2. Before replacing management company with new, it is required to make the decision on cancellation of the contract with old. At the same time in the protocol of meeting it is necessary to reason all put-forward claims to management, namely - to specify as well as where terms of the contract are violated.
Generally, the basis for cancellation of the contract with management company can be:
termination of term of the contract;
refusal in providing documents and information necessary to meeting;
non-performance of the services and works specified in the contract or their rendering not in full.
As for obtaining documents. The management company is obliged to provide to residents and checking full information on the activity. Even penalties for officials for refusal are provided in it.
3. The new management company can be picked up on the www portal in advance. dom. mos. ru. There it is possible to find not only the list of the organizations, but also their addresses, the number of houses in management, the prices for service and so forth. It is possible not to be too lazy and look at the chosen companies in work, having gone to their addresses.
It is necessary to make the contract with new management company, observing the principle of observance of equivalent volume of the rights and obligations of the parties. If the chosen company refuses to take your house in management, look for, without tightening, another. It is necessary to be defined within a year. Otherwise the management company on a competition will be provided to you, and till this time will serve the house the former organization.
4. If there was a change of management company, and for it, by the way, not less than two thirds of participants of general meeting have to vote, then in established periods it is required to inform on it a number of the city organizations, and first of all bank - about the termination of service of accounts of the former company.
Whether it is possible to change the housing and communal services management company? As you can see, it is possible, having passed all stages demanded under the law. Here such, in principle “gemorroyny“ procedure expects those who want to achieve an order in the yards and entrances. By the way, it is possible to make it and by a court decision when, for example, it becomes clear that in the signed contracts of the signature are forged.